Common use of Tenant’s Maintenance Clause in Contracts

Tenant’s Maintenance. Tenant covenants and agrees to keep and maintain in good order, condition, replacement, and repair the Demised Premises and all appurtenances thereto, including but not limited to, partitions; dock door seals; macadam; parking areas; walks; curbs; the exterior and interior portions of all doors; door checks and frames; windows and window frames; wood or other trim; glass; and all plumbing and sewage facilities within the Demised Premises, including free flow up to the main sewer line; heating, air-conditioning, and electrical fixtures, machinery and equipment; emergency lighting; interior walls; floors and ceilings, and furnishing and maintaining the minimum number and type of fire extinguishers. If Tenant refuses or neglects to commence or complete repairs promptly and adequately, Landlord may, but shall not be required to do so, make or complete said repairs and Tenant shall pay the cost thereof to Landlord upon demand. Tenant shall maintain the HVAC and dock equipment (e.g., dock doors, levelors, seals, and lights) at a standard which is not less than applicable manufacturer’s standards. Such maintenance shall be performed either by Tenant’s employees, or if required applicable manufacturer’s warranties, then by a qualified service provider. Tenant shall provide preventative maintenance (including cleaning or replacement of the HVAC filters) not less than once per calendar quarter If Landlord determines that the Tenant has failed to maintain the HVAC and dock equipment in accordance with the foregoing provisions, Landlord shall have the right to either directly perform such maintenance or engage a third party service provider to provide such services, in which event, the Tenant shall reimburse the Landlord for the cost of providing such maintenance. The reimbursement payment shall be made by Tenant within fifteen (15) days of receipt from Landlord of an invoice for the cost of the maintenance services. The Tenant shall maintain the Demised Premises at its own expense in a clean, orderly and sanitary condition free of insects, rodents, vermin and other pests and shall not permit accumulation of garbage, trash, rubbish and other refuse, but shall promptly remove the same. Tenant shall approve the location and screening for all trash dumpsters. When used in this Article 10, the term “repairs” shall include replacements and renewals when necessary to maintain the Demised Premises in good order and condition, and all such repairs made by Tenant shall be at least equal in quality and usefulness to the Demised Premises as the original construction of such improvements.

Appears in 1 contract

Samples: Agreement of Lease (Unilife Corp)

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Tenant’s Maintenance. Tenant covenants shall periodically inspect the interior of the Building to identify any conditions that are dangerous or in need of maintenance, repair or replacement. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant shall, at its sole cost and agrees expense, perform all maintenance, repairs and replacements to the interior of the Building and associated improvements and systems that are not Landlord’s express responsibility under this Lease, and shall keep and maintain the Building in good ordercondition and repair. Tenant’s repair and maintenance obligations include, conditionwithout limitation, replacement, and repair the Demised Premises and all appurtenances thereto, including but not limited repairs to, partitionsor replacements of,: (a) corridors, washrooms, kitchens and lobbies, (b) floor covering; dock door seals(c) interior partitions and other improvements; macadam(d) interior doors and windows; parking areas; walks; curbs; the exterior (e) electronic, phone and interior portions of all doors; door checks data cabling and frames; windows and window frames; wood or other trim; glassrelated equipment (collectively, “Cable”); and all plumbing and sewage facilities within (f) Tenant Alterations. Without limiting the Demised Premisesgenerality of clause (a) above, including free flow up to in connection with Tenant’s maintenance of the main sewer line; heating, ventilating, air-conditioningconditioning systems, Tenant shall obtain and electrical fixtureskeep in force a preventive maintenance contract providing for regular (at least quarterly) inspection and maintenance by a qualified service contractor(s) reasonably acceptable to Landlord. Within ten (10) business days following written request, machinery Tenant shall deliver Landlord written confirmation from such service contractor(s) verifying that such a contract has been entered into and equipment; emergency lighting; interior walls; floors that the required service will be provided. Subject to Section 16.4 and ceilingsto the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and furnishing their respective contractors and maintaining the minimum number and type of fire extinguishersvendors. If Tenant refuses or neglects fails to commence or complete make any repairs promptly and adequately, to the Premises for more than fifteen (15) days after notice from Landlord may, but (although notice shall not be required to do soin an emergency), Landlord may make or complete said repairs the repairs, and Tenant shall pay the reasonable cost thereof to Landlord upon demand. Tenant shall maintain the HVAC and dock equipment (e.g., dock doors, levelors, seals, and lights) at a standard which is not less than applicable manufacturer’s standards. Such maintenance shall be performed either by Tenant’s employees, or if required applicable manufacturer’s warranties, then by a qualified service provider. Tenant shall provide preventative maintenance (including cleaning or replacement of the HVAC filters) not less than once per calendar quarter If Landlord determines that the Tenant has failed repairs, together with an administrative charge in an amount equal to maintain the HVAC and dock equipment in accordance with the foregoing provisions, Landlord shall have the right to either directly perform such maintenance or engage a third party service provider to provide such services, in which event, the Tenant shall reimburse the Landlord for the cost 10% of providing such maintenance. The reimbursement payment shall be made by Tenant within fifteen (15) days of receipt from Landlord of an invoice for the cost of the maintenance servicesrepairs. The Except as set forth in Section 8.1 above, Tenant shall maintain hereby waives all right to make repairs at the Demised expense of Landlord or in lieu thereof to vacate the Premises at and its own expense other similar rights as provided in a cleanCalifornia Civil Code Sections 1932(1), orderly 1941 and sanitary condition free of insects1942 or any other Laws (whether now or hereafter in effect). In addition to the foregoing, rodents, vermin and other pests and shall not permit accumulation of garbage, trash, rubbish and other refuse, but shall promptly remove the same. Tenant shall approve the location and screening for all trash dumpsters. When used in this Article 10, the term “repairs” shall include replacements and renewals when necessary to maintain the Demised Premises in good order and condition, and all such repairs made by Tenant shall be at least equal responsible for all costs in quality connection with repairing all special tenant fixtures and usefulness improvements constructed by or on behalf of Tenant prior to or during the Demised Premises as the original construction of such improvementsLease Term, including without limitation, garbage disposals, showers, plumbing, and appliances.

Appears in 1 contract

Samples: Office Lease (XOMA Corp)

Tenant’s Maintenance. Tenant covenants and agrees to will keep and maintain the Premises (except to the extent otherwise provided herein that such maintenance is Landlord’s obligation (e.g. Building standard fire protection equipment)), in reasonably good ordercondition and repair consistent with first class office, conditionbroadcast and data center standards, replacementnormal wear and tear and casualty or other damage that is not otherwise Tenant’s obligation under this Lease excepted. Tenant’s maintenance and repair obligations may, at Tenant’s election, include security, janitorial and cleaning services and supplies for the Premises, but shall not 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 repair HVAC systems (including the Demised Premises chilled water piping and the connection between chilled water piping and Tenant’s HVAC system). Except as otherwise expressly agreed upon in Article 9 below, upon the permanent vacation by Tenant of the Premises, Tenant may, at its option, remove all affixed appurtenances theretoinstalled by or for the benefit of Tenant, including but not limited toto fixtures and broadcast communication and computer equipment installed by Tenant, partitions; dock door seals; macadam; parking areas; walks; curbs; and shall surrender the exterior Premises in the condition present at the Commencement Date, excepting only normal wear and interior portions of all doors; door checks tear and frames; windows and window frames; wood casualty or other trim; glass; and all plumbing and sewage facilities within the Demised Premises, including free flow up damage that is not otherwise Tenant’s obligation under this Lease. Notwithstanding any other provisions of this Lease to the main sewer line; heatingcontrary, air-conditioning, and electrical fixtures, machinery and equipment; emergency lighting; interior walls; floors and ceilings, and furnishing and maintaining the minimum number and type of fire extinguishers. If Tenant refuses or neglects to commence or complete repairs promptly and adequately, Landlord may, but shall not be required to do soremove the Premises flooring tiles, make floor, interior or complete said repairs and Tenant shall pay office build out, internal stairways, or tenant improvements affixed to the cost thereof to Landlord upon demandPremises. Tenant shall maintain the HVAC and dock equipment (e.g.shall, dock at its own expense, replace any broken or damaged interior glass, windows, doors, levelorslocks, sealsjambs and partition walls, and lights) at a standard which is not less than applicable manufacturer’s standards. Such maintenance such replacement items shall be performed either of the same quality and design as those installed in the Premises as of the Commencement Date. Notwithstanding the foregoing, Landlord shall be responsible, at Landlord’s sole expense, for repairing all latent defects in the Premises (other than those that are a part of the improvements installed by Tenant’s employees, or if required applicable manufacturer’s warranties, then by a qualified service provider. Tenant shall provide preventative maintenance ) during the Lease Term (including cleaning or replacement of the HVAC filters) not less than once per calendar quarter If Landlord determines that the any holdover period), even if Tenant has failed had otherwise agreed in this Section 8.3 to maintain the HVAC and dock equipment in accordance with the foregoing provisions, Landlord shall have the right to either directly perform such maintenance or engage a third party service provider to provide such services, in which event, the Tenant shall reimburse the Landlord for the cost of providing such maintenance. The reimbursement payment shall be made by Tenant within fifteen (15) days of receipt from Landlord of an invoice for the cost affected portion of the maintenance services. The Tenant shall maintain the Demised Premises at its own expense in a clean, orderly and sanitary condition free of insects, rodents, vermin and other pests and shall not permit accumulation of garbage, trash, rubbish and other refuse, but shall promptly remove the same. Tenant shall approve the location and screening for all trash dumpsters. When used in this Article 10, the term “repairs” shall include replacements and renewals when necessary to maintain the Demised Premises in good order and condition, and all such repairs made by Tenant shall be at least equal in quality and usefulness to the Demised Premises as the original construction of such improvementsPremises.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Fisher Communications Inc)

Tenant’s Maintenance. Tenant covenants and agrees to will keep and maintain the Premises (except to the extent otherwise provided herein that such maintenance is Landlord’s obligation (e.g. Building standard fire protection equipment)), in reasonably good ordercondition and repair consistent with first class office, conditionbroadcast and data center standards, replacementnormal wear and tear and casualty or other damage that is not otherwise Tenant’s obligation under this Lease excepted. Tenant’s maintenance and repair obligations may, at Tenant’s election, include security, janitorial and cleaning services and supplies for the Premises, but shall not 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 repair HVAC systems (including the Demised Premises chilled water piping and the connection between chilled water piping and Tenant’s HVAC system). Except as otherwise expressly agreed upon in Article 9 below, upon the permanent vacation by Tenant of the Premises, Tenant may, at its option, remove all affixed appurtenances theretoinstalled by or for the benefit of Tenant, including but not limited toto fixtures and broadcast communication and computer equipment installed by Tenant, partitions; dock door seals; macadam; parking areas; walks; curbs; and shall surrender the exterior Premises in the condition present at the Commencement Date, excepting only normal wear and interior portions of all doors; door checks tear and frames; windows and window frames; wood casualty or other trim; glass; and all plumbing and sewage facilities within the Demised Premises, including free flow up damage that is not otherwise Tenant’s obligation under this Lease. Notwithstanding any other provisions of this Lease to the main sewer line; heatingcontrary, air-conditioning, and electrical fixtures, machinery and equipment; emergency lighting; interior walls; floors and ceilings, and furnishing and maintaining the minimum number and type of fire extinguishers. If Tenant refuses or neglects to commence or complete repairs promptly and adequately, Landlord may, but shall not be required to do soremove the Premises flooring tiles, make floor, interior or complete said repairs and Tenant shall pay office build out,internal stairways, or tenant improvements affixed to the cost thereof to Landlord upon demandPremises. Tenant shall maintain the HVAC and dock equipment (e.g.shall, dock at its own expense, replace any broken or damaged interior glass, windows, doors, levelorslocks, sealsjambs and partition walls, and lights) at a standard which is not less than applicable manufacturer’s standards. Such maintenance such replacement items shall be performed either of the same quality and design as those installed in the Premises as of the Commencement Date. Notwithstanding the foregoing, Landlord shall be responsible, at Landlord’s sole expense, for repairing all latent defects in the Premises (other than those that are a part of the improvements installed by Tenant’s employees, or if required applicable manufacturer’s warranties, then by a qualified service provider. Tenant shall provide preventative maintenance ) during the Lease Term (including cleaning or replacement of the HVAC filters) not less than once per calendar quarter If Landlord determines that the any holdover period), even if Tenant has failed had otherwise agreed in this Section 8.3 to maintain the HVAC and dock equipment in accordance with the foregoing provisions, Landlord shall have the right to either directly perform such maintenance or engage a third party service provider to provide such services, in which event, the Tenant shall reimburse the Landlord for the cost of providing such maintenance. The reimbursement payment shall be made by Tenant within fifteen (15) days of receipt from Landlord of an invoice for the cost affected portion of the maintenance services. The Tenant shall maintain the Demised Premises at its own expense in a clean, orderly and sanitary condition free of insects, rodents, vermin and other pests and shall not permit accumulation of garbage, trash, rubbish and other refuse, but shall promptly remove the same. Tenant shall approve the location and screening for all trash dumpsters. When used in this Article 10, the term “repairs” shall include replacements and renewals when necessary to maintain the Demised Premises in good order and condition, and all such repairs made by Tenant shall be at least equal in quality and usefulness to the Demised Premises as the original construction of such improvementsPremises.

Appears in 1 contract

Samples: Lease (Fisher Communications Inc)

Tenant’s Maintenance. (a) Tenant covenants and agrees to shall keep and maintain the entire interior of the Premises and, except to the extent any of the following are maintained pursuant to a maintenance contract let by Landlord in accordance with Section 9.1(b) hereof, heating, ventilating and air conditioning systems, plumbing, fixtures, light fixtures, bulbs and tubes, and windows on the interior of the Premises clean and sanitary and in good ordercondition and repair, conditioncarpet cleaning at least once each year, replacementnecessary interior painting, and repair keeping all glass (in windows, doors and skylights) clean and in good condition; as to any repairs and replacements, Tenant shall comply with the Demised Premises requirements of Section 9.2 hereof. Tenant shall be responsible for all custodial services and all appurtenances thereto, including but not limited to, partitions; dock door seals; macadam; parking areas; walks; curbs; the exterior and interior portions of all doors; door checks and frames; windows and window frames; wood or other trim; glass; and all plumbing and sewage facilities upkeep within the Demised Premises, including free flow up to the main sewer line; heating, air-conditioning, and electrical fixtures, machinery and equipment; emergency lighting; interior walls; floors and ceilings, and furnishing and maintaining the minimum number and type of fire extinguishers. If Tenant refuses or neglects to commence or complete repairs promptly and adequately, Landlord may, but shall not be required to do so, make or complete said repairs and Tenant shall pay the cost thereof to Landlord upon demand. Tenant shall maintain the HVAC Premises in such condition so as to fully comply with all health, safety and dock equipment (e.g., dock doors, levelors, seals, police orders and lights) at a standard which is not less than applicable manufacturer’s standards. Such maintenance shall be performed either by Tenant’s employees, or if required applicable manufacturer’s warranties, then by a qualified service providerregulations. Tenant shall provide preventative maintenance (including cleaning promptly remove any debris left by Tenant, its employees, agents, contractors, customers or replacement invitees in the common areas of the HVAC filters) not less than once per calendar quarter If Landlord determines that Building and in the Tenant has failed parking area or other areas of the Real Estate. Notwithstanding any other provision herein contained to maintain the HVAC and dock equipment in accordance with contrary, at all times during the foregoing provisionsterm of this Lease, Landlord shall keep and maintain a maintenance contract for the heating, ventilating and air conditioning systems of the Premises. (b) Landlord shall, at all times during the Term, have the right authority to either execute and keep in force a maintenance contract or contracts, providing for regular inspection of the heating, air conditioning and ventilating equipment, and providing for necessary repairs thereto and/or a custodial contract providing for custodial, janitorial and cleaning services. All costs and expenses incurred by landlord arising out of any maintenance, custodial or janitorial contracts other than costs and expenses allocable directly perform such maintenance or engage a third party service provider to provide such servicesthe Premises, in which event, the Tenant shall reimburse the Landlord for the cost of providing such maintenance. The reimbursement payment costs and expenses shall be made by Tenant within fifteen deemed Direct Pay Items (15) days of receipt from Landlord of an invoice for the cost of the maintenance servicesas defined in Section 15.1). The Tenant shall maintain the Demised Premises at its own expense in a clean, orderly and sanitary condition free of insects, rodents, vermin and other pests and shall not permit accumulation of garbage, trash, rubbish and other refuse, but shall promptly remove the same. Tenant shall approve the location and screening for all trash dumpsters. When used in this Article 10, the term “repairs” shall include replacements and renewals when necessary to maintain the Demised Premises in good order and condition, and all such repairs made by Tenant shall be at least equal included in quality and usefulness to the Demised Premises Expenses (as the original construction of such improvementsdefined in Section 15.0 hereof).

Appears in 1 contract

Samples: Neomedia Technologies Inc

Tenant’s Maintenance. Tenant covenants shall periodically inspect the interior of the Building to identify any conditions that are dangerous or in need of maintenance, repair or replacement. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant shall, at its sole cost and agrees expense, perform all maintenance, repairs and replacements to the interior of the Building and associated improvements and systems that are not Landlord’s express responsibility under this Lease, and shall keep and maintain the Building in good ordercondition and repair. Tenant’s repair and maintenance obligations include, conditionwithout limitation, replacement, and repair the Demised Premises and all appurtenances thereto, including but not limited repairs to, partitions; dock door seals; macadam; parking areas; walks; curbs; or replacements of,: (a) the exterior and interior portions of all doors; door checks and frames; windows and window frames; wood or other trim; glass; and all plumbing and sewage facilities within systems servicing the Demised Premises, including free flow up to the main sewer line; electrical, plumbing, heating, ventilating, air-conditioning, mechanical, communication, security and electrical fixturesthe fire and life safety systems of the Building, machinery (b) corridors, washrooms, kitchens and equipmentlobbies, (c) floor covering; emergency lighting(d) interior partitions and other improvements; (e) interior wallsdoors and windows; floors (f) electronic, phone and ceilingsdata cabling and related equipment (collectively, “Cable”); and (g) Tenant Alterations; provided, however, during the period covered by any Systems Improvements Warranty, Landlord shall have the responsibility to repair and replace at Landlord’s sole cost and expense, any portion of the heating, ventilating, and furnishing air-conditioning system covered by any Systems Improvements Warranty. Without limiting the generality of clause (a) above, in connection with Tenant’s maintenance of the heating, ventilating, air-conditioning systems, Tenant shall obtain and maintaining keep in force a preventive maintenance contract providing for regular (at least quarterly) inspection and maintenance by a qualified service contractor(s) reasonably acceptable to Landlord. Within ten (10) business days following written request, Tenant shall deliver Landlord written confirmation from such service contractor(s) verifying that such a contract has been entered into and that the minimum number required service will be provided. Subject to Section 16.4 and type to the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of fire extinguishersrepairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant refuses or neglects fails to commence or complete make any repairs promptly and adequately, to the Premises for more than fifteen (15) days after notice from Landlord may, but (although notice shall not be required to do soin an emergency), Landlord may make or complete said repairs the repairs, and Tenant shall pay the reasonable cost thereof to Landlord upon demand. Tenant shall maintain the HVAC and dock equipment (e.g., dock doors, levelors, seals, and lights) at a standard which is not less than applicable manufacturer’s standards. Such maintenance shall be performed either by Tenant’s employees, or if required applicable manufacturer’s warranties, then by a qualified service provider. Tenant shall provide preventative maintenance (including cleaning or replacement of the HVAC filters) not less than once per calendar quarter If Landlord determines that the Tenant has failed repairs, together with an administrative charge in an amount equal to maintain the HVAC and dock equipment in accordance with the foregoing provisions, Landlord shall have the right to either directly perform such maintenance or engage a third party service provider to provide such services, in which event, the Tenant shall reimburse the Landlord for the cost 10% of providing such maintenance. The reimbursement payment shall be made by Tenant within fifteen (15) days of receipt from Landlord of an invoice for the cost of the maintenance servicesrepairs. The Except as set forth in Section 8.1 above, Tenant shall maintain hereby waives all right to make repairs at the Demised expense of Landlord or in lieu thereof to vacate the Premises at and its own expense other similar rights as provided in a cleanCalifornia Civil Code Sections 1932(1), orderly 1941 and sanitary condition free of insects1942 or any other Laws (whether now or hereafter in effect). In addition to the foregoing, rodents, vermin and other pests and shall not permit accumulation of garbage, trash, rubbish and other refuse, but shall promptly remove the same. Tenant shall approve the location and screening for all trash dumpsters. When used in this Article 10, the term “repairs” shall include replacements and renewals when necessary to maintain the Demised Premises in good order and condition, and all such repairs made by Tenant shall be at least equal responsible for all costs in quality connection with repairing all special tenant fixtures and usefulness improvements constructed by or on behalf of Tenant prior to or during the Demised Premises as the original construction of such Lease Term, including without limitation, laboratory improvements, manufacturing infrastructure, plumbing, and appliances.

Appears in 1 contract

Samples: Lease (XOMA Corp)

Tenant’s Maintenance. Tenant covenants and agrees to shall keep and maintain in good order, condition, replacement, and repair the Demised Premises in good, clean and all appurtenances thereto, including but not limited to, partitions; dock door seals; macadam; parking areas; walks; curbs; the exterior habitable condition and interior portions of all doors; door checks shall at its sole cost and frames; windows and window frames; wood or other trim; glass; and all plumbing and sewage facilities within the Demised Premises, including free flow up to the main sewer line; heating, air-conditioning, and electrical fixtures, machinery and equipment; emergency lighting; interior walls; floors and ceilings, and furnishing and maintaining the minimum number and type of fire extinguishers. If Tenant refuses or neglects to commence or complete repairs promptly and adequately, Landlord may, but shall not be required to do so, make or complete said repairs and Tenant shall pay the cost thereof to Landlord upon demand. Tenant shall maintain the HVAC and dock equipment (e.g., dock doors, levelors, seals, and lights) at a standard which is not less than applicable manufacturer’s standards. Such maintenance shall be performed either by Tenant’s employees, or if required applicable manufacturer’s warranties, then by a qualified service provider. Tenant shall provide preventative maintenance (including cleaning or replacement of the HVAC filters) not less than once per calendar quarter If Landlord determines that the Tenant has failed to maintain the HVAC and dock equipment in accordance with the foregoing provisions, Landlord shall have the right to either directly perform such maintenance or engage a third party service provider to provide such services, in which event, the Tenant shall reimburse the Landlord for the cost of providing such maintenance. The reimbursement payment shall be made by Tenant within fifteen (15) days of receipt from Landlord of an invoice for the cost of the maintenance services. The Tenant shall maintain expense keep the Demised Premises at its own expense in a clean, orderly and sanitary condition free of insects, rodents, vermin and other pests and shall not permit accumulation make all needed repairs and replacements, including replacement of garbagecracked or broken glass and repairs, trashreplacements and alterations required by any governmental authority or any insurance company providing coverage on any part of the Shopping Center, rubbish except for repairs and replacements required to be made by Landlord under the provisions of Section 8.1, Article 15 and Article 16. Without limiting the coverage of the previous sentence, it is understood that Tenant's responsibilities therein include the repair and replacement of all lighting, heating, air conditioning, plumbing and other refuseelectrical, mechanical and electromotive installation, equipment and fixtures and also include all utility repairs in ducts, conduits, pipes and wiring, and any sewer stoppage located in, under or above the Demised Premises. Tenant shall, at Tenant's sole cost and expense, maintain the Demised Premises (including, without limitation, the furniture, furnishings, trade fixtures, partitions, ceiling, floor coverings, equipment, signs, painting, decorating and other items therein) in substantially the same condition and appearance as at the date that Tenant opened the Demised Premises to the public for business. Tenant shall construct, install, operate and maintain its leasehold improvements, furniture, fixtures, equipment and other property in the Demised Premises in such a manner so as to not overload any portion of the floor or foundation of the Demised Premises. Tenant shall throughout the Lease term maintain at Tenant's sole cost and expense a maintenance contract covering the heating, ventilating and air conditioning facilities within the conditions as Landlord may reasonably request. If Tenant fails to do so, Landlord may, but shall promptly remove have no obligation to, retain a service company to do so on behalf of and for the sameaccount of Tenant, and the cost thereof shall be payable by Tenant to Landlord as additional Rent on demand. If any repairs required to be made by Tenant hereunder are not made within ten (10) days after written notice delivered to Tenant by Landlord, Landlord may at its option make such repairs without liability to Tenant for any loss or damage which may result to its Stock or business by reason of such repairs; and Tenant shall approve the location and screening for all trash dumpsters. When used in this Article pay to Landlord within ten (10) days of demand, as additional Rent hereunder, the term “repairs” cost of such repairs plus interest at the maximum contractual rate which could legally be charged in the event of a loan of such payment to Tenant (but in no event to exceed 1-1/2 per month), such interest to accrue continuously from date of payment by Landlord on behalf of Tenant. At the expiration or earlier termination of this Lease, Tenant shall include replacements and renewals when necessary to maintain surrender the Demised Premises in good order and condition, excepting reasonable wear and all such repairs made tear and losses required to be restored by Tenant shall be at least equal Landlord in quality Section 8.1, Article 15 and usefulness to the Demised Premises as the original construction Article 16 of such improvementsthis Lease.

Appears in 1 contract

Samples: Center Lease Agreement (Cd Warehouse Inc)

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Tenant’s Maintenance. Tenant covenants shall, at its own cost and agrees to expense, keep and maintain all parts of the Premises (except those listed as Landlord's responsibility in Paragraph 5.1 above) in good order, and sanitary condition, replacement, promptly making all necessary repairs and repair the Demised Premises and all appurtenances theretoreplacements, including but not limited to, partitionswindows, 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; dock door seals; macadam; parking areas; walks; curbs; provided, however, that the exterior 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 interior portions of all doors; door checks refurbishment) and frames; windows and window frames; wood or other trim; glass; and all plumbing and sewage facilities within operate the Demised Premises, including free flow up to the main sewer line; heatingbut not limited to, air-conditioningmowing grass and general landscaping, maintenance of parking areas, driveways and electrical fixturesalleys, machinery parking lot sweeping, paving and equipment; emergency restriping, exterior lighting; interior walls; floors , pest control and ceilings, and furnishing and maintaining the minimum number and type of fire extinguisherswindow washing. If Tenant refuses shall fail to perform any maintenance or neglects to commence or complete repairs promptly and adequatelymake any repair for which Tenant is responsible within ten (10) business days following notice from Landlord requiring the same, Landlord mayand 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 not be required deemed to do so, make or complete said repairs be Rent and shall be due and payable by Tenant shall pay the cost thereof to Landlord immediately upon demand. In the case of emergency, Landlord, its agents and contractors may enter upon the Premises to perform such maintenance or repairs without the necessity of prior notice to Tenant. Tenant shall maintain its trash receptacles at the HVAC and dock equipment (e.g., dock doors, levelors, seals, and lights) at a standard which is not less than applicable manufacturer’s standardsPremises. Such maintenance Repairs made by Tenant pursuant to this Paragraph 6 shall be performed either by Tenant’s employees, or if required applicable manufacturer’s warranties, then by a qualified service provider. Tenant shall provide preventative maintenance (including cleaning or replacement of the HVAC filters) not less than once per calendar quarter If Landlord determines that the Tenant has failed to maintain the HVAC and dock equipment made in accordance with the foregoing provisionsall Applicable Laws, Landlord shall have the right to either directly perform such maintenance or engage a third party service provider to provide such services, in which eventincluding without limitation, the Tenant shall reimburse the Landlord for the cost of providing such maintenance. The reimbursement payment shall be made by Tenant within fifteen (15) days of receipt from Landlord of an invoice for the cost of the maintenance services. The Tenant shall maintain the Demised Premises at its own expense in a clean, orderly and sanitary condition free of insects, rodents, vermin and other pests and shall not permit accumulation of garbage, trash, rubbish and other refuse, but shall promptly remove the same. Tenant shall approve the location and screening for all trash dumpsters. When used in this Article 10, the term “repairs” shall include replacements and renewals when necessary to maintain the Demised Premises in good order and condition, and all such repairs made by Tenant shall be at least equal in quality and usefulness to the Demised Premises as the original construction of such improvementsADA.

Appears in 1 contract

Samples: Industrial Lease Agreement (Emerson Radio Corp)

Tenant’s Maintenance. Subject to Landlord’s obligation to perform Landlord Maintenance and Repair Work pursuant to Paragraph 5.1, and except as otherwise set forth in this Lease and the Work Letter, including Sections 3.4 and 3.6 thereof, Tenant covenants shall, at its own cost and agrees to expense, keep and maintain all parts of the Building and the Premises in good order, and sanitary condition, replacement, promptly making all necessary repairs and repair the Demised Premises and all appurtenances theretoreplacements, including but not limited to, partitions; roof membrane (and elements of the roof which are not structural elements), windows, glass and plate glass, doors, any special store front or office entry, interior walls and finish work, floors (except as to be maintained by Landlord pursuant to Paragraph 5.1) and floor covering, the Building Operating Systems (and any extensions, 14 additions or improvements thereto), dock door seals; macadam; parking areas; walks; curbs; boards, truck doors, dock bumpers, dock plates, fixtures, termite and pest extermination, and regular removal of trash and debris. Those portions of the Building and the improvements located on the Premises which Tenant is responsible to repair and maintain under this Paragraph 6.1 are referred to herein as the “Tenant Repair and Maintenance Elements.” Subject to Landlord’s obligations under Section 5.1, above, Tenant shall maintain, repair (including renovation, restoration, replacement, and refurbishment) and repaint the exterior walls (but not more than once during the Initial Term), overhead doors, canopies, entries, handrails, gutters, roofs (including the roof membrane, but not the structural elements of the roof) and interior portions other exposed parts of all doors; door checks the Building as deemed necessary by Landlord to maintain reasonable safety and frames; windows aesthetic standards, and window frames; wood or other trim; glass; Tenant shall maintain, repair (including renovation, restoration, replacement, and all plumbing refurbishment) and sewage facilities within operate the Demised Premises, including free flow up to the main sewer line; heatingbut not limited to, air-conditioningmowing grass and general landscaping, maintenance of parking areas, driveways and electrical fixturesalleys, machinery parking lot sweeping, paving and equipment; emergency restriping, exterior lighting; interior walls; floors , painting, pest control and ceilings, and furnishing and maintaining the minimum number and type of fire extinguisherswindow washing. If Tenant refuses shall fail to perform any maintenance or neglects to commence or complete repairs promptly and adequatelymake any repair for which Tenant is responsible within thirty (30) days following notice from Landlord requiring the same (unless the nature of the repair requires a longer period, in which case Tenant shall be granted a reasonable extension), Landlord mayand 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 within 30 days of demand. In the case of emergency (where notice cannot be required given), Landlord, its agents and contractors may enter upon the Premises to do soperform such maintenance or repairs without the necessity of prior notice to Tenant, make or complete said repairs and Tenant shall pay the cost thereof provided prompt notice is thereafter given to Landlord upon demandTenant. Tenant shall maintain its trash receptacles at the HVAC and dock equipment (e.g., dock doors, levelors, seals, and lights) at a standard which is not less than applicable manufacturer’s standardsPremises. Such maintenance Repairs shall be performed either by Tenant’s employees, or if required applicable manufacturer’s warranties, then by a qualified service provider. Tenant shall provide preventative maintenance (including cleaning or replacement of the HVAC filters) not less than once per calendar quarter If Landlord determines that the Tenant has failed to maintain the HVAC and dock equipment made in accordance with the foregoing provisions, Landlord shall have the right to either directly perform such maintenance or engage a third party service provider to provide such services, in which event, the Tenant shall reimburse the Landlord for the cost of providing such maintenance. The reimbursement payment shall be made by Tenant within fifteen (15) days of receipt from Landlord of an invoice for the cost of the maintenance services. The Tenant shall maintain the Demised Premises at its own expense in a clean, orderly and sanitary condition free of insects, rodents, vermin and other pests and shall not permit accumulation of garbage, trash, rubbish and other refuse, but shall promptly remove the same. Tenant shall approve the location and screening for all trash dumpsters. When used in this Article 10, the term “repairs” shall include replacements and renewals when necessary to maintain the Demised Premises in good order and condition, and all such repairs made by Tenant shall be at least equal in quality and usefulness to the Demised Premises as the original construction of such improvementsApplicable Laws.

Appears in 1 contract

Samples: Industrial Lease Agreement

Tenant’s Maintenance. Tenant covenants and agrees agrees, at its sole cost, to keep and maintain in good order, condition, replacement, and repair the Demised Premises and all appurtenances thereto, including but not limited to, partitions; dock door seals; macadam; parking areas; walks; curbs; the exterior and interior portions of all doors; door checks and frames; windows and window frames; wood or other trim; glass; and all plumbing and sewage facilities within the Demised Premises, including free flow up to the main sewer line; heating, air-conditioning, and electrical fixtures, machinery and equipment; emergency lighting; interior walls; floors and ceilings, and furnishing and maintaining the minimum number and type of fire extinguishers. If Tenant refuses or neglects to commence or complete repairs promptly and adequately, Landlord may, but shall not be required to do so, make or complete said repairs and Tenant shall pay the cost thereof to Landlord upon demand. Tenant shall maintain the HVAC and dock equipment (e.g., dock doors, levelors, seals, and lights) at a standard which is not less than applicable manufacturer’s standards. Such maintenance shall be performed either by Tenant’s employees, or if required applicable manufacturer’s warranties, then by a qualified service provider. Tenant shall provide preventative maintenance (including cleaning or replacement of the HVAC filters) not less than once per calendar quarter If Landlord determines that the Tenant has failed to maintain the HVAC and dock equipment in accordance with the foregoing provisionsinterior, Landlord shall have the right to either directly perform such maintenance or engage a third party service provider to provide such services, in which event, the Tenant shall reimburse the Landlord for the cost of providing such maintenance. The reimbursement payment shall be made by Tenant within fifteen (15) days of receipt from Landlord of an invoice for the cost non-structural elements of the maintenance services. The Tenant shall maintain the Demised Premises at its own expense in a clean, orderly and sanitary condition free of insects, rodents, vermin and other pests and shall not permit accumulation of garbage, trash, rubbish and other refuse, but shall promptly remove the same. Tenant shall approve the location and screening for all trash dumpsters. When used in this Article 10, the term “repairs” shall include replacements and renewals when necessary to maintain the Demised Premises premises in good order and condition, and to repair and replace, as required, the interior of the premises, including all such repairs made fixtures and equipment in the premises, all windows, doors and entrances, signs, floor coverings, the interior surfaces of all walls, all non-structural walls, ceilings, light bulbs, lighting fixtures, and ballasts. Tenant also agrees to perform regular preventive maintenance and service of the plumbing, electric, sprinkler, life safety, heating, ventilation, and air conditioning systems and equipment that serve only the premises, and any utility lines and equipment that serve only the premises up to the point beyond the meter where they connect to the main lines. Tenant agrees, at its sole cost, to enter into a regularly-scheduled preventive maintenance and service contract with a maintenance contractor approved by Tenant shall Landlord for servicing the heating, ventilation, and air conditioning systems and equipment that serve only the premises. The maintenance and service contract must require that the filters be changed at least equal every 90 days and must include all other services the equipment manufacturer recommends. Tenant agrees to deliver a copy of each service contract to Landlord for Landlord’s approval. Landlord agrees to directly or indirectly provide the benefit of all warranties held by Landlord associated with items in quality Tenant’s maintenance obligations under this section. Landlord agrees not to unreasonably withhold, condition, or delay its approval of Tenant’s contractor or service contract. Tenant agrees to provide and usefulness install all replacement lights and light fixtures for the premises and for its signs. Except to the Demised Premises as extent Landlord provides garbage removal, Tenant agrees to provide and pay for all garbage removal from the original construction premises. If Landlord designates a garbage removal service at a commercially reasonable cost, Tenant agrees to use that service and pay Tenant’s share of such improvementsthe cost on the first day of each calendar month in advance.

Appears in 1 contract

Samples: ADESTO TECHNOLOGIES Corp

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