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Common use of Tenant’s Obligation to Maintain Clause in Contracts

Tenant’s Obligation to Maintain. (a) Tenant shall, at all times and at Tenant’s sole cost and expense, clean, keep, and maintain in good order, condition, and repair the Leased Premises and every part thereof and all fixtures and improvements therein and thereon, through regular inspections and servicing (and replacement where appropriate), including without limitation (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around ducts, pipes, vents, or other parts of the heating, ventilation and air conditioning systems (“HVAC”) or plumbing system, (ii) all fixtures, interior walls, floors, ceilings, windows, doors, entrances, plate glass, showcases, and skylights, (iii) all electrical facilities and all equipment including all lighting fixtures, lamps, bulbs and tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) the exterior, floors and roof of all buildings contained within the Leased Premises (including any necessary painting or resurfacing of walls and any patching, resurfacing or replacement of roofs to preserve the same or to repair leaks) and (viii) all structural parts of the improvements. All glass, both interior and exterior, is the sole responsibility of Tenant, and any broken glass shall promptly be replaced by Tenant at Tenant’s expense with glass of the same kind (to the extent permitted by applicable building codes), size and quality. Tenant shall be responsible for the maintenance, repair and replacement when necessary of all HVAC equipment which serves the Leased Premises and shall keep the same in good condition through regular inspection and servicing at least once every three (3) months. (b) All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars ($100,000), then Tenant shall first obtain Landlord’s written approval as to the scope of work, materials to be used, and the contractor. Landlord shall respond to Tenant’s request for approval promptly (and immediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such request.

Appears in 3 contracts

Samples: Industrial Real Property Lease (Thermadyne Australia Pty Ltd.), Industrial Real Property Lease (Thermadyne Australia Pty Ltd.), Industrial Real Property Lease (Thermadyne Australia Pty Ltd.)

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in Section 6.2, Section 11.1, and Section 12.3, Tenant shall, at all times and at Tenant’s sole cost and expense, clean, keep, shall be responsible for the following during the Lease Term: A. Tenant shall clean and maintain in good order, condition, and repair the Leased Premises and every part thereof (including external grounds and all fixtures and improvements therein and thereonparking areas), through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, ; (ii) all fixtures, interior walls, floors, carpets and ceilings, ; (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylights, skylights (iiiincluding cleaning both interior and exterior surfaces); (iv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, ); and (v) any landscaping (including any necessary replanting) automatic fire extinguisher equipment in the Premises. B. Tenant shall be responsible for the maintenance and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) the exterior, floors and roof repair of all buildings contained within utility facilities serving the Leased Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes). Tenant shall replace any necessary painting damaged or resurfacing of walls and any patching, resurfacing or replacement of roofs to preserve broken glass in the same or to repair leaks) and Premises (viii) including all structural parts of the improvements. All glass, both interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible for repair any damage to the maintenance, repair Premises (including exterior doors and replacement when necessary of all HVAC equipment which serves the Leased Premises and shall keep the same in good condition through regular inspection and servicing at least once every three (3windows) monthscaused by vandalism or any unauthorized entry. (b) C. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises Building or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars ($100,000)the Permitted Tenant’s Alterations Limit, then Tenant shall first obtain Landlord’s written approval as to of the scope of the work, plans therefore, materials to be used, and the contractor. Landlord shall respond to Tenant’s request for approval promptly (and immediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such request.

Appears in 2 contracts

Samples: Lease Agreement, Sublease Agreement

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in ------------------------------- Paragraph 6.2, Article 11 and Article 12 of this Lease and the Improvement Agreement, Tenant shall, at Tenant's sole expense and in accordance with the terms of this Lease, including Article 5, at all times and at Tenant’s sole cost and expenseduring the Lease Term, clean, keep, and maintain in good order, condition, and repair and replace when necessary, and conduct regular inspections and servicing of, the Leased Premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing including, but not limited to, (and replacement where appropriatei) the roof membrane (but excluding the roof structure), including without limitation (iii) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, (iiiii) all fixtures, interior walls, floors, carpets and ceilings, (iv) all windows, doors, entrances, plate glass, showcases, showcases and skylightsskylights (including cleaning both interior and exterior surfaces), (iiiv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems), (ivvi) any automatic fire extinguisher equipment in the Premises, (vii) all fire extinguisher equipment, (v) any landscaping (including any necessary replanting) and irrigation systemsirrigation, and (viviii) all parking areas, driveways, sidewalks, and other outside areas within the Premises (including any necessary painting, striping, patching or resurfacing). Tenant shall, (vii) at Tenant's sole expense and in accordance with the exteriorterms of this Lease, floors and roof of all buildings contained within including Article 5, repair any damage to the Leased Premises (including exterior doors and windows) caused by vandalism or any necessary painting or resurfacing of walls and any patching, resurfacing or replacement of roofs to preserve the same or to repair leaks) and (viii) all structural parts of the improvements. All glass, both interior and exterior, is the sole responsibility of Tenant, and any broken glass shall promptly be replaced by Tenant at Tenant’s expense with glass of the same kind (to the extent permitted by applicable building codes), size and qualityunauthorized entry. Tenant shall be responsible for the maintenancemaintain, repair and replacement replace when necessary of all HVAC equipment which serves the Leased Premises and shall keep the same in good condition through regular inspection and servicing at least once every three (3) months. (b) servicing. No less frequently than annually, Tenant shall cause the Building to be inspected by a licensed HVAC repair and maintenance contractor approved by Landlord, each of whom shall submit the result of its inspection to Landlord and Tenant. Tenant shall perform such maintenance and repair work as is recommended by such inspector to the extent such work is reasonably necessary to keep the HVAC equipment in good order, condition, and repair. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars Fifty Thousand Dollars ($100,00050,000), then Tenant shall first obtain Landlord’s 's written approval as to of the scope of work, plans therefor, materials to be used, and the contractor. Landlord shall respond to Tenant’s request for approval promptly (and immediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such request.

Appears in 2 contracts

Samples: Lease (Objective Systems Integrators Inc), Lease (Objective Systems Integrators Inc)

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in ¶6.2, ¶11.1, and ¶12.3, Tenant shall, at all times and at Tenant’s sole cost and expense, clean, keep, shall be responsible for the following during the Lease Term: A. Tenant shall clean and maintain in good order, condition, and repair and replace when necessary the Leased Premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, ; (ii) all fixtures, interior walls, floors, carpets and ceilings, ; (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylights, skylights (iiiincluding cleaning both interior and exterior surfaces); (iv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, ); and (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) automatic fire extinguisher equipment in the exterior, floors and roof of all buildings contained within Premises. B. With respect to utility facilities serving the Leased Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), Tenant shall be responsible for the maintenance and repair of any necessary painting such facilities which serve only the Premises, including all such facilities that are within the walls or resurfacing of walls and any patchingfloor, resurfacing or replacement of roofs to preserve on the same or to repair leaks) and (viii) all structural parts roof of the improvementsPremises. All glass, both Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible for repair any damage to the maintenancePremises (including exterior doors and windows) caused by vandalism or any unauthorized entry. C. Tenant shall (i) maintain, repair and replacement replace when necessary of all HVAC equipment which serves services only the Leased Premises Premises, and shall keep the same in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the Lease Term a service contract for the maintenance of all such HVAC equipment with a licensed HVAC repair and maintenance contractor approved by Landlord, which contract provides for the periodic inspection and servicing of the HVAC equipment at least once every three 60 days during the Lease Term. Notwithstanding the foregoing, Landlord may elect at any time to assume responsibility for the maintenance, repair and replacement of such HVAC equipment which serves only the Premises. Tenant shall maintain continuously throughout the Lease Term a service contract for the washing of all windows (3both interior and exterior surfaces) monthsin the Premises with a contractor approved by Landlord, which contract provides for the periodic washing of all such windows at least once every 60 days during the Lease Term. Tenant shall furnish Landlord with copies of all such service contracts, which shall provide that they may not be canceled or changed without at least 30 days’ prior written notice to Landlord. (b) D. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises Building or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars ($100,000)the Permitted Tenant’s Alterations Limit, then Tenant shall first obtain Landlord’s written approval as to of the scope of the work, plans therefor, materials to be used, and the contractor. . E. Notwithstanding anything to the contrary in section 6.1C, Landlord shall respond agrees to perform any repair or maintenance required of Tenant under sections 6.1C above that constitutes a capital improvement under generally accepted accounting principles as determined by Landlord in its reasonable discretion, if the cost of such work, on an individual job basis, is estimated to be more than $10,000.00 during any Lease Year and such work is not due to any negligence or willful misconduct of Tenant or any of Tenant’s request Agents for approval promptly (which the waiver of subrogation provisions of section 9.4 are not applicable or due to any alterations by Tenant; provided, however that Tenant shall pay to Landlord the amortized portion of the cost for any such repair or replacement in accordance with Sections 5.4A and immediately in B of this Lease. Tenant shall not be responsible for any repairs or maintenance due to the event active negligence or willful misconduct of emergency) and in any event within fifteen (15) business days after receipt of such requestLandlord or its Agents.

Appears in 2 contracts

Samples: Lease (Neophotonics Corp), Lease (Neophotonics Corp)

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in paragraph 6.2 and in Article 11 regarding the restoration of damage caused by fire and other perils, Tenant shall, at all times and at Tenant’s sole cost and expenseduring the Lease Term, clean, keep, and maintain in good order, condition, and repair the Leased Premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation including, but not limited to, (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, (ii) all fixtures, interior walls, floors, carpets and ceilings, (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylightsskylights (including cleaning both interior and exterior surfaces), (iiiiv) all electrical facilities and all HVAC equipment and other mechanical systems (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment), (v) any landscaping automatic fire extinguisher equipment in the Premises, and (vi) the roof membrane (including any necessary replanting) and irrigation systems, (vi) all parking areas (including resurfacing or patching to preserve the membrane or to repair leaks except that Tenant shall not be required to make any necessary painting, striping, patching repair to the extent such repair is required because of Landlord's repair or resurfacingmaintenance of the structural roof system), (vii) . Tenant shall replace any damaged or broken glass in the exterior, floors and roof of all buildings contained within the Leased Premises (including any necessary painting or resurfacing of walls and any patching, resurfacing or replacement of roofs to preserve the same or to repair leaks) and (viii) all structural parts of the improvements. All glass, both interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible repair any damage to the Premises (including exterior doors and windows) caused by vandalism or any unauthorized entry. Tenant shall maintain continuously throughout the Lease Term a service contract for the maintenance, repair and replacement when necessary maintenance of all HVAC equipment serving the Premises with a licensed HVAC repair and maintenance contractor, which serves contract provides for the Leased Premises and shall keep the same in good condition through regular periodic inspection and servicing of the HVAC equipment at least once every three sixty (360) months. days during the Lease Term. Tenant shall also maintain continuously throughout the Lease Term a service contract for the washing of all windows (bboth interior and exterior surfaces) in the Premises with a contractor, which contract provides for the periodic washing of all such windows on such basis as shall keep the exterior appearance of the Premises in first class condition, but no less frequently than once, every calendar year. If and when Landlord so requests in writing, Tenant shall furnish Landlord with copies of all such service contracts. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and good quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars Fifteen Thousand Dollars ($100,00015,000), then Tenant shall first obtain Landlord’s 's written approval as to of the scope of work, plans therefor, and materials to be used, except in the case of emergency in which event Tenant shall within a reasonable period of time after performing the work, notify Landlord of the scope of the work performed and the contractor. materials used, and shall furnish Landlord shall respond to Tenant’s request for approval promptly (and immediately in with the event of emergency) and in any event within fifteen (15) business days after receipt of such requestplans therefor.

Appears in 2 contracts

Samples: Lease (United Defense Lp), Lease (United Defense Lp)

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in §6.2, §11.1, and §12.3, Tenant shall, at all times and at Tenant’s sole cost and expense, clean, keep, shall be responsible for the following during the Lease Term: A. Tenant shall clean and maintain in good order, condition, and repair and replace when necessary the Leased Premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, ; (ii) all fixtures, interior walls, floors, carpets and ceilings, ; (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylights, skylights (iiiincluding cleaning both interior and exterior surfaces); (iv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, ); and (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) automatic fire extinguisher equipment in the exterior, floors and roof of all buildings contained within Premises. B. With respect to utility facilities serving the Leased Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), Tenant shall be responsible for the maintenance and repair of any necessary painting such facilities which serve only the Premises, including all such facilities that are within the walls or resurfacing floor, or on the roof of walls the Premises, and any patchingpart of such facility that is not within the Premises, resurfacing but only up to the point where such facilities join a main or replacement of roofs other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to preserve the same or to repair leaks) and (viii) all structural other parts of the improvementsProject as well as to the Premises. All glass, both Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible for repair any damage to the maintenancePremises (including exterior doors and windows) caused by vandalism or any unauthorized entry. C. Tenant shall (i) maintain, repair and replacement replace when necessary of all HVAC equipment which serves services only the Leased Premises Premises, and shall keep the same in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the Lease Term a service contract for the maintenance of all such HVAC equipment with a licensed HVAC repair and maintenance contractor approved by Landlord, which contract provides for the periodic inspection and servicing of the HVAC equipment at least once every three 60 days during the Lease Term. Notwithstanding the foregoing, Landlord may elect at any time to assume responsibility for the maintenance, repair and replacement of such HVAC equipment which serves only the Premises. Tenant shall maintain continuously throughout the Lease Term a service contract for the washing of all windows (3both interior and exterior surfaces) monthsin the Premises with a contractor approved by Landlord, which contract provides for the periodic washing of all such windows at least once every 60 days during the Lease Term. Tenant shall furnish Landlord with copies of all such service contracts, which shall provide that they may not be cancelled or changed without at least 30 days’ prior written notice to Landlord. (b) D. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises Building or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars ($100,000)the Permitted Tenant’s Alterations Limit, then Tenant shall first obtain Landlord’s written approval as to of the scope of the work, plans therefore, materials to be used, and the contractor. Landlord shall respond to Tenant’s request for approval promptly (and immediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such request.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Silicon Motion Technology CORP)

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in ¶6.2, ¶11.1, and ¶12.3, Tenant shall, at all times and at Tenant’s sole cost and expense, clean, keep, shall be responsible for the following during the Lease Term: A. Tenant shall clean and maintain in good order, condition, and repair and replace when necessary the Leased Premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around ducts, pipes, vents, or other parts of the heating, ventilation and air conditioning systems (“HVAC”) or plumbing system, ; (ii) all fixtures, interior walls, floors, carpets and ceilings, ; (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylights, skylights (iiiincluding cleaning both interior and exterior surfaces); (iv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, ); and (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) automatic fire extinguisher equipment in the exterior, floors and roof of all buildings contained within Premises. B. With respect to utility facilities serving the Leased Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), Tenant shall be responsible for the maintenance and repair of any necessary painting such facilities which serve only the Premises, including all such facilities that are within the walls or resurfacing floor, or on the roof of walls the Premises, and any patchingpart of such facility that is not within the Premises, resurfacing but only up to the point where such facilities join a main or replacement of roofs other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to preserve the same or to repair leaks) and (viii) all structural other parts of the improvementsProject as well as to the Premises. All glass, both Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible repair any damage to the Premises (including exterior doors and windows) caused by vandalism or any unauthorized entry. C. Tenant shall maintain continuously throughout the Lease Term a service contract for the maintenance, repair and replacement when necessary washing of all HVAC equipment windows (both interior and exterior surfaces) in the Premises with a contractor approved by Landlord, which serves contract provides for the Leased Premises and shall keep the same in good condition through regular inspection and servicing periodic washing of all such windows at least once every three one hundred twenty (3120) monthsdays during the Lease Term. Tenant shall furnish Landlord with copies of all such service contracts, which shall provide that they may not be canceled or changed without at least thirty (30) days' prior written notice to Landlord. (b) D. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises Building or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars ($100,000)the Permitted Tenant's Alterations Limit, then Tenant shall first obtain Landlord’s 's written approval as to of the scope of the work, plans therefor, materials to be used, and the contractor. . E. Tenant's maintenance and repair obligations shall exclude: (i) damage and repairs covered under any insurance policy carried by Landlord shall respond to Tenant’s request for approval promptly in connection with the Building; (and immediately ii) damage caused by defects in the event design, construction or material of emergencythe Building; (iii) damage caused in whole or in part by the negligence or willful misconduct of Landlord or Landlord's Agents; (iv) repairs covered under Common Operating Expenses; (v) conditions covered under any warranties of Landlord's contractors; and in any event within fifteen (15vi) business days after receipt damage by fire and other casualties, or acts of such requestgovernmental authorities, or acts of God and the elements to the extent covered by insurance maintained by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Hearme)

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in Article 11 regarding the restoration of damage caused by fire and other perils, Tenant shall, at all times and at Tenant’s sole cost and expenseduring the Lease Term, clean, keep, and maintain in good order, condition, and repair the Leased Premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation but not limited to (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around ) and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, (ii) all fixtures, interior walls, floors, carpets, and ceilings, (iii) all windows, doors, entrances, plate glass, showcases, and skylightsskylights (including cleaning both interior and exterior surfaces), (iiiiv) all electrical facilities facilities, wiring and all equipment equipment, including all lighting fixtures, lamps, bulbs and tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, and (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) automatic fire extinguisher equipment in the exterior, floors and roof of all buildings contained within Leased Premises. With respect to utility facilities serving the Leased Premises (including any necessary painting or resurfacing of walls electrical wiring and any patchingconduits, resurfacing or replacement of roofs to preserve the same or to repair leaks) and (viii) all structural parts of the improvements. All glassgas lines, both interior and exterior, is the sole responsibility of Tenantwater pipes, and any broken glass shall promptly be replaced by Tenant at Tenant’s expense with glass of the same kind (to the extent permitted by applicable building codesplumbing and sewage fixtures and pipes), size and quality. Tenant shall be responsible for the maintenancemaintenance and repair of any such facilities which serve only the Leased Premises, including all such facilities that are within the walls, floor, or roof of the Leased Premises and any part of such facilities that is not within the Leased Premises, but only up to the point where such facilities join a main or other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to other parts of the Property as well as to the Leased Premises. Tenant shall replace any damaged or broken glass in the Leased Premises (including all interior and exterior doors, windows, and showcases) with glass of the same kind, size, and quality. Tenant shall repair any damage to the Leased Premises (including exterior doors and windows) caused by vandalism or any unauthorized entry. Tenant shall maintain, repair and replacement replace when necessary of all HVAC equipment which serves only the Leased Premises and shall keep the same in good condition through regular inspection and servicing at least once every three (3) months. (b) All and all repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts or exterior of the Leased Premises Building, or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars exceeds One Thousand Dollars ($100,0001,000.00), then Tenant shall first obtain Landlord’s 's written approval as to of the scope of the work, plans therefor, materials to be used, and the contractor. Landlord shall respond to Tenant’s request for approval promptly (and immediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such request.

Appears in 1 contract

Samples: Office Lease (Healthetech Inc)

Tenant’s Obligation to Maintain. Except as otherwise provided in (P)6.2, (P)1.1.1, and (P)1.2.3, Tenant shall be responsible for the following during the Lease Term: (a) Tenant shall, at all times and at Tenant’s sole cost and expense, clean, keep, shall clean and maintain in good order, condition, and repair and replace when necessary the Leased Premises premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, ; (ii) all fixtures, interior walls, floors, carpets and ceilings, ; (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylights, skylights (iiiincluding cleaning both interior and exterior surfaces); (iv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, ); and (v) any landscaping automatic fire extinguisher equipment in the Premises. (including any necessary replantingb) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) With respect to utility facilities serving the exterior, floors and roof of all buildings contained within the Leased Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes). Tenant shall be responsible for the maintenance and repair of any necessary painting such facilities which serve only the Premises, including all such facilities that are within the walls or resurfacing floor, or on the roof of walls the Premises, and any patchingpart of such facility that is not within the Premises, resurfacing but only up to the point where such facilities join a main or replacement of roofs other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to preserve the same or to repair leaks) and (viii) all structural other parts of the improvementsProject as well as to the Premises. All glass, both Tenant shall replace any damaged or broken glass in the premises (including all interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible for repair any damage to the maintenancepremises (including exterior doors and windows) caused by vandalism or any unauthorized entry. (c) Tenant shall (i) maintain, repair and replacement replace when necessary of all HVAC equipment which serves services only the Leased Premises Premises, and shall keep the same in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the Lease Term a service contract for the maintenance of all such HVAC equipment with a licensed HVAC repair and maintenance contractor approved by Landlord, which contract provides for the periodic inspection and servicing of the HVAC equipment at least once every three (3) months. (b) All repairs 60 days during the Lease Term. Notwithstanding the foregoing, landlord may elect at any time to assume responsibility for the maintenance, repair and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars ($100,000), then Tenant shall first obtain Landlord’s written approval as to the scope of work, materials to be used, and the contractor. Landlord shall respond to Tenant’s request for approval promptly (and immediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such request.HVAC equipment which serves only the

Appears in 1 contract

Samples: Sublease Agreement (Tivo Inc)

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in P. 6.2, P. 11.1, and P. 12.3, Tenant shall, at all times and at Tenant’s sole cost and expense, clean, keep, shall be responsible for the following during the Lease Term: A. Tenant shall clean and maintain in good order, condition, and repair and replace when necessary the Leased Premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, ; (ii) all fixtures, interior walls, floors, carpets and ceilings, ; (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylights, skylights (iiiincluding cleaning both interior and exterior surfaces); (iv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, ); and (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) automatic fire extinguisher equipment in the exterior, floors and roof of all buildings contained within Premises. B. With respect to utility facilities serving the Leased Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), Tenant shall be responsible for the maintenance and repair of any necessary painting such facilities which serve only the Premises, including all such facilities that are within the walls or resurfacing floor, or on the roof of walls the Premises, and any patchingpart of such facility that is not within the Premises, resurfacing but only up to the point where such facilities join a main or replacement of roofs other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to preserve the same or to repair leaks) and (viii) all structural other parts of the improvements. All glassProject as well as to the Premises, both Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible for repair any damage to the maintenancePremises (including exterior doors and windows) caused by vandalism or any unauthorized entry. C. Tenant shall (i) maintain, repair and replacement replace when necessary of all HVAC equipment which serves services only the Leased Premises Premises, and shall keep the same in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the Lease Term a service contract for the maintenance of all such HVAC equipment with a licensed HVAC repair and maintenance contractor approved by Landlord, which contract provides for the periodic inspection and servicing of the HVAC equipment at least once every three 90 days during the Lease Term. Notwithstanding the foregoing, if Landlord reasonably determines that Tenant is not properly maintaining the HVAC equipment within fifteen (315) monthsdays after written notice to Tenant, Landlord may elect at any time thereafter to assume responsibility for the maintenance, repair and replacement of such HVAC equipment which serves only the Premises. Tenant shall maintain continuously throughout the Lease Term a service contract for the washing of all windows (both interior and exterior surfaces) in the Premises with a contractor approved by Landlord, which contract provides for the periodic washing of all such windows at least once every 90 days during the Lease Term. Tenant shall furnish Landlord with copies of all such service contracts, which shall provide that they may not be cancelled or changed without at least 30 days' prior written notice to Landlord. (b) D. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises Building or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars ($100,000)the Permitted Tenant's Alterations Limit, then Tenant shall first obtain Landlord’s 's written approval as to of the scope of the work, plans therefor, materials to be used, and the contractor. Landlord shall respond hereby assigns to Tenant’s request Tenant all manufacturer and installation warranties covering the portion of the Premises for approval promptly (which tenant is obligated to maintain as provided for in Article 6.1 herein, and immediately agrees to cooperate with Tenant in the event of emergency) and in any event within fifteen (15) business days after receipt of enforcing such request.warranties. See First Addendum To Lease Paragraph 5

Appears in 1 contract

Samples: Lease (Clarify Inc)

Tenant’s Obligation to Maintain. Except as otherwise provided below ------------------------------- in this Section 6.1 and in Section 11 (arestoration of damage caused by fire and other perils) Tenant shall, at all times and at Tenant’s sole cost and expenseduring the Lease Term, regularly inspect, service, clean, keep, and maintain in good order, condition, and repair the Leased Premises Premises, and every part thereof and all fixtures and improvements therein and thereonthereof. Tenant's obligations shall include, through regular inspections and servicing (and replacement where appropriate)without limitation, including without limitation (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, (ii) all fixtures, interior walls, floors, carpets and ceilings, (iii) all windows, doors, entrances, plate glass, showcases, and skylightsskylights (including cleaning both interior and exterior surfaces), (iiiiv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment), (v) any landscaping (including any necessary replanting) and irrigation systemsautomatic fire extinguisher equipment in the Premises, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing)landscaping and Other Areas, (vii) the exteriorroof and exterior finishes of the Building, floors and roof of all buildings contained within the Leased Premises (including any necessary painting or resurfacing of walls and any patching, resurfacing or replacement of roofs to preserve the same or to repair leaks) and (viii) all other structural parts elements of the improvementsBuilding. All glassWith respect to utility facilities serving the Premises (including electrical wiring and conduits, both interior and exteriorgas lines, is the sole responsibility of Tenantwater pipes, and any broken glass shall promptly be replaced by Tenant at Tenant’s expense with glass of the same kind (to the extent permitted by applicable building codesplumbing and sewage fixtures and pipes), size and quality. Tenant shall be responsible for the maintenancemaintenance and repair of any such facilities which serve the Premises, repair and replacement when necessary including all such facilities that are within or outside the walls, floor, or on the roof of all HVAC equipment which serves the Leased Premises and shall keep the same in good condition through regular inspection and servicing at least once every three (3) months. (b) All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and qualityBuilding. If the work results in a change in affects the character roof, the exterior of the improvements on Building or Other Areas, any of the Leased Premises or affects building systems, any of the structural parts of the Leased Premises Premises, or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars Twenty Five Thousand Dollars and No Cents ($100,00025,000.00), then Tenant shall first obtain Landlord’s 's written approval as to of the scope of work, plans therefor, materials to be used, and the contractor. All repairs and replacements required of Tenant shall be promptly made at Tenant's own expense with new materials of like kind and quality; provided, however, that if Tenant fails to make such repairs or replacements, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, together with an additional ten percent (10%) of the cost thereof, as reimbursement to Landlord for all overhead, general conditions, fees and other actual costs or expenses arising from Landlord's management and coordination of repairs and replacements, promptly upon being billed for same. This provision shall be construed as an additional remedy given to Landlord and does not limit any other rights or remedies that Landlord may have. Notwithstanding the above, during the Extended Lease Term, Landlord shall respond maintain in good order, condition, and repair the roof, exterior finishes, and structural elements of the Building. The cost of any capital improvements made by Landlord to Tenant’s request for approval promptly (and immediately the Building during the Extended Lease Term, however, shall be amortized over the useful life of such improvements with the annual amortized cost thereof included as Additional Rent. By the Commencement Date, however, Landlord at its sole cost, will add bracing to the roof purlins in the event first two (2) exterior (east and west) bays of emergency) the Building as set forth in Exhibit D, which is attached hereto and in any event within fifteen incorporated --------- herein by this reference (15) business days after receipt of such requestthe "Roof Repairs"). Landlord makes no representations or warranties, express or implied, with respect to the Roof Repairs.

Appears in 1 contract

Samples: Lease Agreement (Pixtech Inc /De/)

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in paragraph6.2, paragraph11.1, and paragraph12.3, Tenant shall, at all times and at Tenant’s sole cost and expense, clean, keep, shall be responsible for the following during the Lease Term: A. Tenant shall clean and maintain in good order, condition, and repair and replace when necessary the Leased Premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, ; (ii) all fixtures, interior walls, floors, carpets and ceilings, ; (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylights, skylights (iiiincluding cleaning both interior and exterior surfaces); (iv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, ); and (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) automatic fire extinguisher equipment in the exterior, floors and roof of all buildings contained within Premises. B. With respect to utility facilities serving the Leased Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), Tenant shall be responsible for the maintenance and repair of any necessary painting such facilities which serve only the Premises, including all such facilities that are within the walls or resurfacing floor, or on the roof of walls the Premises, and any patchingpart of such facility that is not within the Premises, resurfacing but only up to the point where such facilities join a main or replacement of roofs other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to preserve the same or to repair leaks) and (viii) all structural other parts of the improvementsProject as well as to the Premises. All glass, both Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible for repair any damage to the maintenancePremises (including exterior doors and windows) caused by vandalism or any unauthorized entry. C. Tenant shall (i) maintain, repair and replacement replace when necessary of all HVAC equipment which serves services only the Leased Premises Premises, and shall keep the same in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the Lease Term a service contract for the maintenance of all such HVAC equipment with a licensed HVAC repair and maintenance contractor approved by Landlord, which contract provides for the periodic inspection and servicing of the HVAC equipment at least once every three 60 days during the Lease Term. Notwithstanding the foregoing, Landlord may elect at any time to assume responsibility for the maintenance, repair and replacement of such HVAC equipment which serves only the Premises. Tenant shall maintain continuously throughout the Lease Term a service contract for the washing of all windows (3both interior and exterior surfaces) monthsin the Premises with a contractor approved by Landlord, which contract provides for the periodic washing of all such windows at least once every 90 days during the Lease Term. Tenant shall furnish Landlord with copies of all such service contracts, which shall provide that they may not be canceled or changed without at least 30 days' prior written notice to Landlord. (b) D. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises Building or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars ($100,000)the Permitted Tenant's Alterations Limit, then Tenant shall first obtain Landlord’s 's written approval as to of the scope of the work, plans therefor, materials to be used, and the contractor. Landlord shall respond to Tenant’s request for approval promptly (and immediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such request.

Appears in 1 contract

Samples: Lease (New Focus Inc)

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in ¶6.2, ¶11.1, and ¶ 12.3, Tenant shall, at all times and at Tenant’s sole cost and expense, clean, keep, shall be responsible for the following during the Lease Term: A. Tenant shall clean and maintain in good order, condition, and repair and replace when necessary the Leased Premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, ; (ii) all fixtures, interior walls, floors, carpets and ceilings, ; (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylights, skylights (iiiincluding cleaning both interior and exterior surfaces); (iv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, ); and (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) automatic fire extinguisher equipment in the exterior, floors and roof of all buildings contained within Premises. B. With respect to utility facilities serving the Leased Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), Tenant shall be responsible for the maintenance and repair of any necessary painting such facilities which serve only the Premises, including all such facilities that are within the walls or resurfacing floor, or on the roof of walls the Premises, and any patchingpart of such facility that is not within the Premises, resurfacing but only up to the point where such facilities join a main or replacement of roofs other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to preserve the same or to repair leaks) and (viii) all structural other parts of the improvementsProject as well as to the Premises. All glass, both Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible for repair any damage to the maintenancePremises (including exterior doors and windows) caused by vandalism or any unauthorized entry. C. Tenant shall (i) maintain, repair and replacement replace when necessary of all building standard or Landlord installed HVAC equipment which serves services only the Leased Premises Premises, and shall keep the same in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the Lease Term a service contract for the maintenance of all such HVAC equipment with a licensed HVAC repair and maintenance contractor approved by Landlord, which contract provides for the periodic inspection and servicing of the HVAC equipment at least once every three 90 days during the Lease Term. Notwithstanding the foregoing, Landlord may elect at any time to assume responsibility for the maintenance, repair and replacement of such HVAC equipment which serves only the Premises. Tenant shall maintain continuously throughout the Lease Term a service contract for the washing of all windows (3both interior and exterior surfaces) monthsin the Premises with a contractor approved by Landlord, which contract provides for the periodic washing of all such windows at least once every 60 days during the Lease Term. Tenant shall furnish Landlord with copies of all such service contracts, which shall provide that they may not be cancelled or changed without at least 30 days’ prior written notice to Landlord. (b) D. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises Building or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars ($100,000)the Permitted Tenant’s Alterations Limit, then Tenant shall first obtain Landlord’s written approval as to of the scope of the work, plans therefor, materials to be used, and the contractor. Landlord shall respond to Tenant’s request for approval promptly (and immediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such request.

Appears in 1 contract

Samples: Lease (Tegal Corp /De/)

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in paragraph 6.2 and in Article 11 regarding the restoration of damage caused by fire and other perils, Tenant shall, at all times and at Tenant’s sole cost and expenseduring the Lease Term, clean, keep, and maintain in good order, condition, and repair the Leased Premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation including, but not limited to, (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, (ii) all fixtures, interior walls, floors, carpets and ceilings, (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylightsskylights (including cleaning both interior and exterior surfaces), (iiiiv) all electrical facilities and all HVAC equipment and other mechanical systems (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment), (v) any landscaping automatic fire extinguisher equipment in the Premises, and (vi) the roof membrane (including any necessary replanting) and irrigation systems, (vi) all parking areas (including resurfacing or patching to preserve the membrane or to repair leaks except that Tenant shall not be required to make any necessary painting, striping, patching repair to the extent such repair is required because of Landlord's repair or resurfacingmaintenance of the structural roof system), (vii) . Tenant shall replace any damaged or broken glass in the exterior, floors and roof of all buildings contained within the Leased Premises (including any necessary painting or resurfacing of walls and any patching, resurfacing or replacement of roofs to preserve the same or to repair leaks) and (viii) all structural parts of the improvements. All glass, both interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible repair any damage to the Premises (including exterior doors and windows) caused by vandalism or any unauthorized entry. Tenant shall maintain continuously throughout the Lease Term a service contract for the maintenance, repair and replacement when necessary maintenance of all HVAC equipment serving the Premises with a licensed HVAC repair and maintenance contractor, which serves contract provides for the Leased Premises and shall keep the same in good condition through regular periodic inspection and servicing of the HVAC equipment at least once every three sixty (360) months. days during the Lease Term. Tenant shall also maintain continuously throughout the Lease Term a service contract for the washing of all windows (bboth interior and exterior surfaces) in the Premises with a contractor, which contract provides for the periodic washing of all such windows on such basis as shall keep the exterior appearance of the Premises in first class condition, but no less frequently than once every calendar year. If and when Landlord so requests in writing, Tenant shall furnish Landlord with copies of all such service contracts. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and good quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars Fifteen Thousand Dollars ($100,00015,000), then Tenant shall first obtain Landlord’s 's written approval as to of the scope of work, plans therefor, and materials to be used, except in the case of emergency in which event Tenant shall within a reasonable period of time after performing the work, notify Landlord of the scope of the work performed and the contractor. materials used, and shall furnish Landlord shall respond to Tenant’s request for approval promptly (and immediately in with the event of emergency) and in any event within fifteen (15) business days after receipt of such requestplans therefor.

Appears in 1 contract

Samples: Lease Agreement (United Defense Lp)

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in Section 6.2, Section 11.1, and Section 12.3, Tenant shall, at all times and at Tenant’s sole cost and expense, clean, keep, shall be responsible for the following during the Lease Term: A. Tenant shall clean and maintain in good order, condition, and repair the Leased Premises Premises, and every part replace components thereof and all fixtures and improvements therein and thereonwhen necessary, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, ; (ii) all fixtures, interior walls, floors, carpets and ceilings, ; (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylights, skylights (iiiincluding cleaning both interior and exterior surfaces); (iv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, ); and (v) any landscaping automatic fire extinguisher equipment in the Premises. Notwithstanding the foregoing, Tenant shall not be responsible to replace a capital item that (including any necessary replantinga) costs in excess of $5,000, and irrigation systems(b) will have an actual useful life (as reasonably determined by Landlord) which exceeds the remaining unexpired term of this Lease, it being agreed that Landlord shall at its cost replace such capital items and that the cost thereof, plus imputed financing costs calculated at 10% per annum, shall be amortized over the actual useful life of such improvement (vi) all parking areas (including any necessary painting, striping, patching or resurfacingas reasonably determined by Landlord), (vii) and shall be paid by Tenant to Landlord monthly as Additional Rent. Landlord shall inform Tenant of the exteriormonthly amortization payment required to so amortize such costs and imputed financing, floors and roof of all buildings contained within shall also provide Tenant with the Leased information upon which such determination is made. B. With respect to utility facilities serving the Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), Tenant shall be responsible for the maintenance and repair of any necessary painting such facilities which serve only the Premises, including all such facilities that are within the walls or resurfacing floor, or on the roof of walls the Premises, and any patchingpart of such facility that is not within the Premises, resurfacing but only up to the point where such facilities join a main or replacement of roofs other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to preserve the same or to repair leaks) and (viii) all structural other parts of the improvementsProject as well as to the Premises. All glass, both Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible for repair any damage to the maintenance, repair Premises (including exterior doors and replacement when necessary of all HVAC equipment which serves the Leased Premises and shall keep the same in good condition through regular inspection and servicing at least once every three (3windows) monthscaused by vandalism or any unauthorized entry. (b) C. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises Project or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars ($100,000)the Permitted Tenant's Alterations Limit, then Tenant shall first obtain Landlord’s 's written approval as to of the scope of the work, plans therefor, materials to be used, and the contractor. Landlord shall respond to Tenant’s request for approval promptly (and immediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such request.

Appears in 1 contract

Samples: Lease Agreement (Vnus Medical Technologies Inc)

Tenant’s Obligation to Maintain. (a) Tenant shall, at all times and at Tenant’s 's sole cost and expense, clean, keep, and maintain in good order, condition, and repair the Leased Premises and every part thereof and all fixtures and improvements Improvements therein and thereon, through regular inspections LOT A and servicing (servicing, and replacement where appropriate)make replacements of such equipment, systems and building components as reasonably necessary throughout the Lease Term, including without limitation (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around ducts, pipes, vents, or other parts of the heating, ventilation and air conditioning systems ("HVAC") or plumbing system, (ii) all fixtures, interior walls, floors, ceilings, windows, doors, entrances, plate glass, showcases, and skylights, (iii) all electrical facilities and all equipment including all lighting fixtures, lamps, bulbs and tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) the exterior, floors and roof of all buildings contained within the Leased Premises (including any necessary painting or resurfacing of walls and any patching, resurfacing or replacement of roofs to preserve the same or to repair leaks) and (viii) all structural parts of the improvementsImprovements. All glass, both interior and exterior, is the sole responsibility of Tenant, and any broken glass shall promptly be replaced by Tenant at Tenant’s 's expense with glass of the same kind (to the extent permitted by applicable building codes), size and quality. Tenant shall be responsible for the maintenance, repair and replacement when necessary of all HVAC equipment which serves the Leased Premises and shall keep the same in good condition through regular inspection and servicing at least once every three (3) monthsservicing. Tenant shall promptly remove all snow, ice, and debris from all sidewalks, curbs, parking areas and roadways located upon or adjacent to the Leased Premises. At the expiration or other termination of this Lease, Tenant will deliver the Leased Premises in good condition and repair, normal wear and tear excepted. (b) All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and good quality. If the work results in a change in the character of the improvements on the Leased Premises Improvements or affects the structural parts of the Leased Premises or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars Two Hundred Thousand Dollars ($100,000200,000.00), then Tenant shall first obtain Landlord’s 's written approval as approval, which shall not be unreasonably withheld, conditioned or delayed, provided such repairs and replacements shall otherwise comply with the requirements of Article V. (c) Tenant shall not be required to replace the roof on any of the Improvements or resurface any of the parking lots on the Leased Premises within the twelve (12) months prior to the scope expiration of workthe Lease Term, materials to be used, and the contractor. Landlord provided that Tenant shall respond to Tenant’s request for approval promptly (and immediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such requesthave otherwise performed its obligations under this Paragraph 6.1.

Appears in 1 contract

Samples: Lease Agreement (Corporate Office Properties Trust Inc)

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in ¶6.2, ¶11.1, and ¶12.3, Tenant shall, at all times and at Tenant’s sole cost and expense, clean, keep, shall be responsible for the following during the Lease Term: A. Tenant shall clean and maintain in good order, condition, and repair and replace when necessary the Leased Premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, ; (ii) all fixtures, interior walls, floors, carpets and ceilings, ; (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylights, skylights (iiiincluding cleaning both interior and exterior surfaces); (iv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, ); and (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) automatic fire extinguisher equipment in the exterior, floors and roof of all buildings contained within Premises. B. With respect to utility facilities serving the Leased Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), Tenant shall be responsible for the maintenance and repair of any necessary painting such facilities which serve only the Premises, including all such facilities which serve only the Premises, including all such facilities that are within the walls or resurfacing floor, or on the roof of walls the Premises, and any patchingpart of such facility that is not within the Premises, resurfacing but only up to the point where such facilities join a main or replacement of roofs other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to preserve the same or to repair leaks) and (viii) all structural other parts of the improvementsProject as well as to the Premises. All glass, both Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible for repair any damage to the maintenancePremises (including exterior doors and windows) caused by vandalism or any unauthorized entry. C. Tenant shall (i) maintain, repair and replacement replace when necessary of all HVAC equipment which serves services only the Leased Premises Premises, and shall keep the same in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the Lease Term a service contract for the maintenance of all such HVAC equipment with a licensed HVAC repair and maintenance contractor reasonably approved by Landlord, which contract provides for the periodic inspection and servicing of the HVAC equipment at least once every three 60 days during the Lease Term. Notwithstanding the foregoing, Landlord may elect at any time to assume responsibility for the maintenance, repair and replacement of such HVAC equipment which serves only the Premises. Tenant shall maintain continuously throughout the Lease Term a service contract for the washing of all windows (3both interior and exterior services) monthsin the Premises with a contractor approved by Landlord, which contract provides for the period washing of all such windows at least once every 60 days during the Lease Term that the quality of work is reasonably consistent with that of professional contractors. Tenant shall furnish Landlord with copies of all such services contracts, which shall provide that they may not be cancelled or changed without at least 30 days’ prior written notice to Landlord. (b) D. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises Building or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars ($100,000)the Permitted Tenant’s Alterations Limit, then Tenant shall first obtain Landlord’s written approval as to of the scope of the work, plans therefore, materials to be used, and the contractor. Landlord shall respond to Tenant’s request for approval promptly (and immediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such request.

Appears in 1 contract

Samples: Sublease Agreement (Meru Networks Inc)

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in P. 6.2, P. 11.1, and P. 12.3, Tenant shall, at all times and at Tenant’s sole cost and expense, clean, keep, shall be responsible for the following during the Lease Term: A. Tenant shall clean and maintain in good order, condition, and repair and replace when necessary the Leased Premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, ; (ii) all fixtures, interior walls, floors, carpets and ceilings, ; (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylights, skylights (iiiincluding cleaning both interior and exterior surfaces); (iv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, ); and (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) automatic fire extinguisher equipment in the exterior, floors and roof of all buildings contained within Premises. B. With respect to utility facilities serving the Leased Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), Tenant shall be responsible for the maintenance and repair of any necessary painting such facilities which serve only the Premises, including all such facilities that are within the walls or resurfacing floor, or on the roof of walls the Premises, and any patchingpart of such facility that is not within the Premises, resurfacing but only up to the point where such facilities join a main or replacement of roofs other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to preserve the same or to repair leaks) and (viii) all structural other parts of the improvementsProject as well as to the Premises. All glass, both Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible for repair any damage to the maintenancePremises (including exterior doors and windows) caused by vandalism or any unauthorized entry. C. Tenant shall (i) maintain, repair and replacement replace when necessary of all HVAC equipment which serves services only the Leased Premises Premises, and shall keep the same in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the Lease Term a service contract for the maintenance of all such HVAC equipment with a licensed HVAC repair and maintenance contractor approved by Landlord, which contract provides for the periodic inspection and servicing of the HVAC equipment at least once every three 60 days during the Lease Term. Notwithstanding the foregoing, Landlord may elect at any time to assume responsibility for the maintenance, repair and replacement of such HVAC equipment which serves only the Premises. Tenant shall maintain continuously throughout the Lease Term a service contract for the washing of all windows (3both interior and exterior surfaces) monthsin the Premises with a contractor approved by Landlord, which contract provides for the periodic washing of all such windows at least once every 60 days during the Lease Term. Tenant shall furnish Landlord with copies of all such service contracts, which shall provide that they may not be changed without at least 30 days' prior written notice to Landlord. If the cost to replace in the future the HVAC system for the Leased Premises, other than in connection with or as part of the Tenant Improvements to be constructed pursuant to the Constructions Plans in accordance with Exhibit B attached hereto, will be more than $5,000.00, then Landlord shall arrange to perform and pay for such work, and the cost thereof shall be amortized over the useful life, together with interest as provided in sections 5.4A. During the Lease Term, Tenant shall pay for such amortized cost, with interest, as provided in section 5.4A. If the cost of such work is $5,000.00 or less, Tenant shall perform the work at its expense, or if Landlord elects in its sole discretion to perform such work, then Tenant shall reimburse Landlord for the total amount of such expense. (b) D. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises Building or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars ($100,000)the Permitted Tenant's Alterations Limit, then Tenant shall first obtain Landlord’s 's written approval as to of the scope of the work, plans therefor, materials to be used, and the contractor. E. Tenant currently occupies the Devcon Drive Space and is familiar with its condition. Landlord shall respond In connection with the Tenant Improvements to Tenant’s request for approval promptly (and immediately be constructed in the event Premises, Landlord agrees to partially assign to Tenant upon request any warranties for such work that Landlord receives from its contractor and any supplier in order for Tenant to pursue at its expense any claim for work done in the Premises that may be covered under any such warranty. At no additional expense to Landlord, Landlord agrees to cooperate with Tenant in enforcing such warranty. The failure of emergency) Tenant to collect or enforce any such warranty shall not change Tenant's repair and in any event within fifteen (15) business days after receipt of such requestmaintenance obligations under this Lease.

Appears in 1 contract

Samples: Lease (All American Semiconductor Inc)

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in P.6.2, P.11.1, and P.12.3, Tenant shall, at all times and at Tenant’s sole cost and expense, clean, keep, shall be responsible for the following during the Lease Term: A. Tenant shall clean and maintain in good order, condition, and repair and replace when necessary the Leased Premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, ; (ii) all fixtures, interior walls, floors, carpets and ceilings, ; (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylights, skylights (iiiincluding cleaning both interior and exterior surfaces); (iv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, ); and (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) automatic fire extinguisher equipment in the exterior, floors and roof of all buildings contained within Premises. B. With respect to utility facilities serving the Leased Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), Tenant shall be responsible for the maintenance and repair of any necessary painting such facilities which serve only the Premises, including all such facilities that are within the walls or resurfacing floor, or on the roof of walls the Premises, and any patchingpart of such facility that is not within the Premises, resurfacing but only up to the point where such facilities join a main or replacement of roofs other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to preserve the same or to repair leaks) and (viii) all structural other parts of the improvementsProject as well as to the Premises. All glass, both Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible for repair any damage to the maintenancePremises (including exterior doors and windows) caused by vandalism or any unauthorized entry. C. Tenant shall (i) maintain, repair and replacement replace when necessary of all HVAC equipment which serves services only the Leased Premises Premises, and shall keep the same in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the Lease Term a service contract for the maintenance of all such HVAC equipment with a licensed HVAC repair and maintenance contractor approved by Landlord, which contract provides for the periodic inspection and servicing of the HVAC equipment at least once every three 60 days during the Lease Term. Notwithstanding the foregoing, Landlord may elect at any time to assume responsibility for the maintenance, repair and replacement of such HVAC equipment which serves only the Premises. Tenant shall maintain continuously throughout the Lease Term a service contract for the washing of all windows (3both interior and exterior surfaces) monthsin time Premises with a contractor approved by Landlord, which contract provides for the periodic washing of all such windows at least once every 60 days during the Lease Term. Tenant shall furnish Landlord with copies of all such service contracts, which shall provide that they may not be cancelled or changed without at least 30 days' prior written notice to landlord. (b) D. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises Building or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars ($100,000)the Permitted Tenant's Alterations Limit, then Tenant shall first obtain Landlord’s 's written approval as to of the scope of the work, plans therefor, materials to be used, and the contractor. . E. Notwithstanding anything to the contrary in this Lease, Tenant shall not be required to repair any items which are covered by or under the provisions of any warranty given by Landlord shall respond to Tenant’s request for approval promptly (and immediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such requesthereunder.

Appears in 1 contract

Samples: Lease (Cylink Corp /Ca/)

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in Paragraph 2.3, Paragraph 5.3, Paragraph 6.2, Paragraph 11.1, and Paragraph 12.3, Tenant shall, at all times and at Tenant’s sole cost and expense, clean, keep, shall be responsible for the following during the Lease Term: A. Tenant shall keep clean and maintain in good order, condition, and repair and replace when necessary the Leased Premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, ; (ii) all fixtures, interior walls, floors, carpets and ceilings, ; (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylights, skylights (iiiincluding cleaning both interior and exterior surfaces); (iv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, ); and (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) automatic fire extinguisher equipment in the exterior, floors and roof of all buildings contained within Premises. B. With respect to utility facilities serving the Leased Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), Tenant shall be responsible for the maintenance and repair of any necessary painting such facilities which serve only the Premises, including all such facilities that are within the walls or resurfacing floor, or on the roof of walls the Premises, and any patchingpart of such facility that is not within the Premises, resurfacing but only up to the point where such facilities join a main or replacement of roofs other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to preserve the same or to repair leaks) and (viii) all structural other parts of the improvementsProject as well as to the Premises. All glass, both Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible for repair any damage to the maintenance, repair Premises (including exterior doors and replacement when necessary of all HVAC equipment which serves the Leased Premises and shall keep the same in good condition through regular inspection and servicing at least once every three (3windows) monthscaused by vandalism or any unauthorized entry. (b) C. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises Building or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars ($100,000)the Permitted Tenant's Alterations Limit, then Tenant shall first obtain Landlord’s 's written approval as to of the scope of the work, plans therefor, materials to be used, and the contractor. Landlord shall respond to Tenant’s request for approval promptly (and immediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such request.

Appears in 1 contract

Samples: Lease (Caliper Technologies Corp)

Tenant’s Obligation to Maintain. Except as otherwise provided in ------------------------------- (aP)6.2, (P)11.1, and (P) 12.3, Tenant shall, at all times and at Tenant’s sole cost and expense, clean, keep, shall be responsible for the following during the Lease Term: A. Tenant shall clean and maintain in good order, condition, and repair and replace when necessary the Leased Premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, ; (ii) all fixtures, interior walls, floors, carpets and ceilings, ; (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylights, skylights (iiiincluding cleaning both interior and exterior surfaces); (iv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, ); and (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) automatic fire extinguisher equipment in the exterior, floors and roof of all buildings contained within Premises. B. With respect to utility facilities serving the Leased Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), Tenant shall be responsible for the maintenance and repair of any necessary painting such facilities which serve only the Premises, including all such facilities that are within the walls or resurfacing floor, or on the roof of walls the Premises, and any patchingpart of such facility that is not within the Premises, resurfacing but only up to the point where such facilities join a main or replacement of roofs other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to preserve the same or to repair leaks) and (viii) all structural other parts of the improvementsProject as well as to the Premises. All glass, both Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible for repair any damage to the maintenancePremises (including exterior doors and windows) caused by vandalism or any unauthorized entry. C. Tenant shall (i) maintain, repair and replacement replace when necessary of all HVAC equipment which serves services only the Leased Premises Premises, and shall keep the same in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the Lease Term a service contract for the maintenance of all such HVAC equipment with a licensed HVAC repair and maintenance contractor approved by Landlord, which contract provides for the periodic inspection and servicing of the HVAC equipment at least once every three months during the Lease Term. Notwithstanding the foregoing, Landlord may elect at any time to assume responsibility for the maintenance, repair and replacement of such HVAC equipment which serves only the Premises. Tenant shall maintain continuously throughout the Lease Term a service contract for the washing of all windows (3both interior and exterior surfaces) monthsin the Premises with a contractor approved by Landlord, which contract provides for the periodic washing of all such windows at least once every three months (or more frequently to the extent necessary) during the Lease Term. Tenant shall furnish Landlord with copies of all such service contracts, which shall provide that they may not be canceled or changed without at least 30 days' prior written notice to Landlord. (b) D. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises Building or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars ($100,000)the Permitted Tenant's Alterations Limit, then Tenant shall first obtain Landlord’s 's written approval as to of the scope of the work, plans therefor, materials to be used, and the contractor. Landlord shall respond to Tenant’s request for approval promptly (and immediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such request.

Appears in 1 contract

Samples: Lease (Sirf Technology Inc)

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in PARA 6.2, PARA 11.1., and PARA 12.3, Tenant shall, at all times and at Tenant’s sole cost and expense, clean, keep, shall be responsible for the following during the Lease Term: A. Tenant shall clean and maintain in good order, condition, and repair and replace when necessary the Leased Premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, ; (ii) all fixtures, interior walls, floors, carpets and ceilings, ; (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylights, skylights (iiiincluding cleaning both interior and exterior surfaces); (iv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, ); and (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) automatic fire extinguisher equipment in the exterior, floors and roof of all buildings contained within Premises. B. With respect to utility facilities serving the Leased Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), Tenant shall be responsible for the maintenance and repair of any necessary painting such facilities which serve only the Premises, including all such facilities that are within the walls or resurfacing floor, or on the roof of walls the Premises, and any patchingpart of such facility that is not within the Premises, resurfacing but only up to the point where such facilities join a main or replacement of roofs other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to preserve the same or to repair leaks) and (viii) all structural other parts of the improvementsProject as well as to the Premises. All glass, both Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible for repair any damage to the maintenancePremises (including exterior doors and windows) caused by vandalism or any unauthorized entry. C. Tenant shall (i) maintain, repair and replacement replace when necessary of all HVAC equipment which serves services only the Leased Premises Premises, and shall keep the same in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the Lease Term a service contract for the maintenance of all such HVAC equipment with a licensed HVAC repair and maintenance contractor approved by Landlord, which contract provides for the periodic inspection and servicing of the HVAC equipment at least once every three 60 days during the Lease Term. Notwithstanding the foregoing, Landlord may elect at any time to assume responsibility for the maintenance, repair and replacement of such HVAC equipment which serves only the Premises Tenant shall maintain continuously throughout the Lease Term a service contract for the washing of all windows (3both interior and exterior surfaces) monthsin the Premises with a contractor approved by Landlord, which contract provides for the periodic washing of all such windows at least once every 90 days during the Lease Term. Tenant shall furnish Landlord with copies of all such service contracts, which shall provide that they may not be canceled or changed without at least 30 days' prior written notice to Landlord. (b) D. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises Building or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars ($100,000)the Permitted Tenant's Alterations Limit, then Tenant shall first obtain Landlord’s 's written approval as to of the scope of the work, plans therefor, materials to be used, and the contractor. Landlord shall respond to Tenant’s request for approval promptly (and immediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such request.

Appears in 1 contract

Samples: Lease Agreement (Bookham, Inc.)

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in §6.2, §11.1, and §12.3, Tenant shall, at all times and at Tenant’s sole cost and expense, clean, keep, shall be responsible for the following during the Lease Term: A. Tenant shall clean and maintain in good order, condition, and repair and replace when necessary the Leased Premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, ; (ii) all fixtures, interior walls, floors, carpets and ceilings, ; (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylights, skylights (iiiincluding cleaning both interior and exterior surfaces); (iv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, ); and (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) automatic fire extinguisher equipment in the exterior, floors and roof of all buildings contained within Premises. B. With respect to utility facilities serving the Leased Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), Tenant shall be responsible for the maintenance and repair of any necessary painting such facilities which serve only the Premises, including all such facilities that are within the walls or resurfacing floor, or on the roof of walls the Premises, and any patchingpart of such facility that is not within the Premises, resurfacing but only up to the point where facilities join a main or replacement of roofs other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to preserve the same or to repair leaks) and (viii) all structural other parts of the improvementsProject as well as to the Premises. All glass, both Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible for repair any damage to the maintenancePremises (including exterior doors and windows) caused by vandalism or any unauthorized entry during the Lease Term or any period of Early Occupancy, repair or any period past the Lease Term when Tenant continues to occupy or possess the Premises. C. Tenant shall (i) maintain, repair, and replacement replace when necessary of all HVAC equipment which serves services only the Leased Premises Premises, and shall keep the same in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the Lease Term a service contract for the maintenance of all such HVAC equipment with a licensed HVAC repair and maintenance contractor approved by Landlord such approval not to be unreasonably withheld, which contract provides for the periodic inspection and servicing of the HVAC equipment at least once every three 60 days during the Lease Term. Notwithstanding the foregoing, Landlord may elect at any time to assume responsibility for the maintenance, repair and replacement of such HVAC equipment which serves only the Premises, if Landlord shall reasonably determine that there is no HVAC contractor under contract with Tenant, or that such contractor is not adequately and competently maintaining and inspecting the HVAC system and equipment. Tenant shall maintain continuously throughout the Lease Term a service contract for the washing of all windows (3both interior and exterior surfaces) monthsin the Premises with a contractor approved by Landlord which approval shall not be unreasonably withheld, which contract provides for the periodic washing of all such windows at least once every 60 days during the Lease Term. Tenant shall maintain continuously throughout the Lease Term a service contract for the monitoring of the fire alarm and the quarterly inspection of the fire sprinklers, and any other inspection and/or maintenance of the fire and life safety systems as required by law. Tenant shall maintain continuously throughout the Lease a service contract for the inspection, monitoring, and repair of the elevator. Tenant shall furnish Landlord with copies of all such service contracts, which shall provide that they may not be cancelled or changed without at least 30 days’ prior written notice to Landlord. (b) D. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises Building or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars ($100,000)the Permitted Tenant’s Alterations Limit, then Tenant shall first obtain Landlord’s written approval as to of the scope of the work, plans therefore, materials to be used, and the contractor. Landlord shall respond to Tenant’s request for approval promptly (and immediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such request.

Appears in 1 contract

Samples: Lease Agreement (Genesis Microchip Inc /De)

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in ------------------------------- paragraph 6.2, paragraph 11.1 and paragraph 12.3, Tenant shall, at all times and at Tenant’s sole cost and expense, clean, keep, shall be responsible for the following during the Lease Term: A. Tenant shall clean and maintain in good order, condition, and repair the Leased interiors of and replace when necessary the Premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, ; (ii) all fixtures, interior walls, floors, carpets and ceilings, (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylights, skylights (iiiincluding cleaning both interior and exterior surfaces; (iv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, ); and (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) automatic fire extinguisher equipment in the exterior, floors and roof of all buildings contained within Premises. B. With respect to utility facilities serving the Leased Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), Tenant shall be responsible for the maintenance and repair of any necessary painting such facilities which serve only the Premises, including all such facilities that are within the walls or resurfacing floor, or on the roof of walls the Premises, and any patchingpart of such facility that is not within the Premises, resurfacing but only up to the point where such facilities join a main or replacement of roofs other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to preserve the same or to repair leaks) and (viii) all structural other parts of the improvementsProject as well as to the Premises. All glass, both Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible for repair any damage to the maintenancePremises (including exterior doors and windows) caused by vandalism or any unauthorized entry. C. Tenant shall (i) maintain, repair and replacement replace when necessary of all HVAC equipment which serves services only the Leased Premises Premises, and shall keep the same in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the Lease Term a service contract for the maintenance of all such HVAC equipment with a licensed HVAC repair and maintenance contractor approved by Landlord, which contract provides for the periodic inspection and servicing of the HVAC equipment at least once every three 60 days during the Lease Term. Notwithstanding the foregoing, Landlord may elect at any time to assume responsibility for (3he maintenance, repair and replacement of such HVAC equipment which serves only the Premises. Tenant shall maintain continuously throughout the Lease Term a service contract for the washing of all windows (both interior and exterior services) monthsin the Premises with a contractor approved by Landlord, which contract provides for the periodic washing of all such windows at least once every 60 days during the Lease Term. Tenant shall furnish Landlord with copies of all such service contracts, which shall provide that they may not be cancelled or changed without at least 30 days' prior written notice to Landlord. (b) D. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises Building or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars ($100,000)the Permitted Tenant's Alterations Limit, then Tenant shall first obtain Landlord’s 's written approval as to of the scope of the work, plans therefor, materials to be used, and the contractor. Landlord shall respond See first addendum to Tenant’s request for approval promptly (and immediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such requestlease paragraph 7.

Appears in 1 contract

Samples: Lease (Quicklogic Corporation)

Tenant’s Obligation to Maintain. (a) Tenant shall, at all times and at Tenant’s 's sole cost and expense, clean, keep, and maintain in good order, condition, and repair the Leased Premises and every part thereof and all fixtures and improvements Improvements therein and thereon, through regular inspections and servicing (servicing, and replacement where appropriate)make replacements of such equipment, systems and building components as reasonably necessary throughout the Lease Term, including without limitation (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around ducts, pipes, vents, or other parts of the heating, ventilation and air conditioning systems ("HVAC") or plumbing system, (ii) all fixtures, interior walls, floors, ceilings, windows, doors, entrances, plate glass, showcases, and skylights, (iii) all electrical facilities and all equipment including all lighting fixtures, lamps, bulbs and tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) the exterior, floors and roof of all buildings contained within the Leased Premises (including any necessary painting or resurfacing of walls and any patching, resurfacing or replacement of roofs to preserve the same or to repair leaks) and (viii) all structural parts of the improvementsImprovements. All glass, both interior and exterior, is the sole responsibility of Tenant, and any broken glass shall promptly be replaced by Tenant at Tenant’s 's expense with glass of the same kind (to the extent permitted by applicable building codes), size and quality. Tenant shall be responsible for the maintenance, repair and replacement when necessary of all HVAC equipment which serves the Leased Premises and shall keep the same in good condition through regular inspection and servicing at least once every three (3) monthsservicing. Tenant shall promptly remove all snow, ice, and debris from all sidewalks, curbs, parking areas and roadways located upon or adjacent to the Leased Premises. At the expiration or other termination of this Lease, Tenant will deliver the Leased Premises in good condition and repair, normal wear and tear excepted. (b) All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and good quality. If the work results in a change in the character of the improvements on the Leased Premises Improvements or affects the structural parts of the Leased Premises or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars Two Hundred Thousand Dollars ($100,000200,000.00), then Tenant shall first obtain Landlord’s 's written approval as approval, which shall not be unreasonably withheld, conditioned or delayed, provided such repairs and replacements shall otherwise comply with the requirements of Article V. (c) Tenant shall not be required to replace the scope roof on any of work, materials to be used, and the contractor. Landlord shall respond to Tenant’s request for approval promptly (and immediately in Improvements or resurface any of the event of emergency) and in any event parking lots on the Leased Premises within fifteen (15) business days after receipt of such request.the twelve LOT C

Appears in 1 contract

Samples: Lease Agreement (Corporate Office Properties Trust Inc)

Tenant’s Obligation to Maintain. (a) Tenant shall, at all times and at Tenant’s 's sole cost and expense, clean, keep, and maintain in good order, condition, and repair the Leased Premises and every part thereof and all fixtures and improvements Improvements therein and thereon, through regular inspections LOT B and servicing (servicing, and replacement where appropriate)make replacements of such equipment, systems and building components as reasonably necessary throughout the Lease Term, including without limitation (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around ducts, pipes, vents, or other parts of the heating, ventilation and air conditioning systems ("HVAC") or plumbing system, (ii) all fixtures, interior walls, floors, ceilings, windows, doors, entrances, plate glass, showcases, and skylights, (iii) all electrical facilities and all equipment including all lighting fixtures, lamps, bulbs and tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) the exterior, floors and roof of all buildings contained within the Leased Premises (including any necessary painting or resurfacing of walls and any patching, resurfacing or replacement of roofs to preserve the same or to repair leaks) and (viii) all structural parts of the improvementsImprovements. All glass, both interior and exterior, is the sole responsibility of Tenant, and any broken glass shall promptly be replaced by Tenant at Tenant’s 's expense with glass of the same kind (to the extent permitted by applicable building codes), size and quality. Tenant shall be responsible for the maintenance, repair and replacement when necessary of all HVAC equipment which serves the Leased Premises and shall keep the same in good condition through regular inspection and servicing at least once every three (3) monthsservicing. Tenant shall promptly remove all snow, ice, and debris from all sidewalks, curbs, parking areas and roadways located upon or adjacent to the Leased Premises. At the expiration or other termination of this Lease, Tenant will deliver the Leased Premises in good condition and repair, normal wear and tear excepted. (b) All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and good quality. If the work results in a change in the character of the improvements on the Leased Premises Improvements or affects the structural parts of the Leased Premises or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars Two Hundred Thousand Dollars ($100,000200,000.00), then Tenant shall first obtain Landlord’s 's written approval as approval, which shall not be unreasonably withheld, conditioned or delayed, provided such repairs and replacements shall otherwise comply with the requirements of Article V. (c) Tenant shall not be required to replace the roof on any of the Improvements or resurface any of the parking lots on the Leased Premises within the twelve (12) months prior to the scope expiration of workthe Lease Term, materials to be used, and the contractor. Landlord provided that Tenant shall respond to Tenant’s request for approval promptly (and immediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such requesthave otherwise performed its obligations under this Paragraph 6.1.

Appears in 1 contract

Samples: Lease Agreement (Corporate Office Properties Trust Inc)

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in PARA 6.2, PARA 11.1, and PARA 12.3, Tenant shall, at all times and at Tenant’s sole cost and expense, clean, keep, shall be responsible for the following during the Lease Term: A. Tenant shall clean and maintain in good order, condition, and repair and replace when necessary the Leased Premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, ; (ii) all fixtures, interior walls, floors, carpets and ceilings, ; (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylights, skylights (iiiincluding cleaning both interior and exterior surfaces); (iv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, ); and (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) automatic fire extinguisher equipment in the exterior, floors and roof of all buildings contained within Premises. B. With respect to utility facilities serving the Leased Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), Tenant shall be responsible for the maintenance and repair of any necessary painting such facilities which serve only the Premises, including all such facilities that are within the walls or resurfacing floor, or on the roof of walls the Premises, and any patchingpart of such facility that is not within the Premises, resurfacing but only up to the point where such facilities join a main or replacement of roofs other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to preserve the same or to repair leaks) and (viii) all structural other parts of the improvementsProject as well as to the Premises. All glass, both Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible for repair any damage to the maintenancePremises (including exterior doors and windows) caused by vandalism or any unauthorized entry. C. Tenant shall (i) maintain, repair and replacement replace when necessary of all HVAC equipment which serves services only the Leased Premises Premises, and shall keep the same in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the Lease Term a service contract for the maintenance of all such HVAC equipment with a licensed HVAC repair and maintenance contractor approved by Landlord, which contract provides for the periodic inspection and servicing of the HVAC equipment at least once every three 60 days during the Lease Term. Notwithstanding the foregoing, Landlord may elect at any time to assume responsibility for the maintenance, repair and replacement of such HVAC equipment which serves only the Premises. Tenant shall maintain continuously throughout the Lease Term a service contract for the washing of all windows (3both interior and exterior surfaces) monthsin the Premises with a contractor approved by Landlord, which contract provides for the periodic washing of all such windows at least once every 60 days during the Lease Term. Tenant shall furnish Landlord with copies of all such service contracts, which shall provide that they may not be canceled or changed without at least 30 days' prior written notice to Landlord. (b) D. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises Building or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars ($100,000)the Permitted Tenant's Alterations Limit, then Tenant shall first obtain Landlord’s 's written approval as to of the scope of the work, plans therefor, materials to be used, and the contractor. . E. Notwithstanding anything to the contrary in section 6.1 and its subsections, Landlord shall respond agrees to Tenant’s request for approval promptly (and immediately perform any repair or maintenance required of Tenant under sections 6.1 A, B, C or D above that constitutes a capital improvement under generally accepted accounting principles as determined by Landlord in its reasonable discretion, if the event of emergency) and in any event within fifteen (15) business days after receipt cost of such requestwork is estimated to be more than $10,000.00 during any Lease Year and such work is not due to any negligence or willful misconduct of Tenant or any of Tenant's Agents for which the waiver of subrogation provisions of section 9.4 are not applicable or due to any alterations by Tenant; provided, however that Tenant shall pay to Landlord the amortized portion of the cost for any such repair or replacement in accordance with Sections 5.4A and B of this Lease. Tenant shall not be responsible for any repairs or maintenance due to the active negligence or willful misconduct of Landlord or its Agents.

Appears in 1 contract

Samples: Lease Addendum (Adac Laboratories)

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in ¶6.2, ¶11.1, and ¶ 12.3, Tenant shall, at all times and at Tenant’s sole cost and expense, clean, keep, shall be responsible for the following during the Lease Term: A. Tenant shall clean and maintain in good order, condition, and repair and replace when necessary the Leased Premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, ; (ii) all fixtures, interior walls, floors, carpets and ceilings, ; (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylights, skylights (iiiincluding cleaning both interior and exterior surfaces); (iv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, ); and (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) automatic fire extinguisher equipment in the exterior, floors and roof of all buildings contained within Premises. B. With respect to utility facilities serving the Leased Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), Tenant shall be responsible for the maintenance and repair of any necessary painting such facilities which serve only the Premises, including all such facilities that are within the walls or resurfacing floor, or on the roof of walls the Premises, and any patchingpart of such facility that is not within the Premises, resurfacing but only up to the point where such facilities join a main or replacement of roofs other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to preserve the same or to repair leaks) and (viii) all structural other parts of the improvementsProject as well as to the Premises. All glass, both Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible for repair any damage to the maintenancePremises (including exterior doors and windows) caused by vandalism or any unauthorized entry. C. Tenant shall (i) maintain, repair and replacement replace when necessary of all HVAC equipment which serves services only the Leased Premises Premises, and shall keep the same in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the Lease Term a service contract for the maintenance of all such HVAC equipment with a licensed HVAC repair and maintenance contractor approved by Landlord, which contract provides for the periodic inspection and servicing of the HVAC equipment at least once every three months during the Lease Term. Notwithstanding the foregoing, Landlord may elect at any time to assume responsibility for the maintenance, repair and replacement of such HVAC equipment which serves only the Premises. Tenant shall maintain continuously throughout the Lease Term a service contract for the washing of all windows (3both interior and exterior surfaces) monthsin the Premises with a contractor approved by Landlord, which contract provides for the periodic washing of all such windows at least once every three months (or more frequently to the extent necessary) during the Lease Term. Tenant shall furnish Landlord with copies of all such service contracts, which shall provide that they may not be canceled or changed without at least 30 days’ prior written notice to Landlord. (b) D. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises Building or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars ($100,000)the Permitted Tenant’s Alterations Limit, then Tenant shall first obtain Landlord’s written approval as to of the scope of the work, plans therefor, materials to be used, and the contractor. Landlord shall respond to Tenant’s request for approval promptly (and immediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such request.

Appears in 1 contract

Samples: Lease Agreement (Sirf Technology Holdings Inc)

Tenant’s Obligation to Maintain. (a) Except as otherwise provided in PARA 6.2, PARA 11.1, and PARA 12.3, Tenant shall, at all times and at Tenant’s sole cost and expense, clean, keep, shall be responsible for the following during the Lease Term: A. Tenant shall clean and maintain in good order, condition, and repair and replace when necessary the Leased Premises and every part thereof and all fixtures and improvements therein and thereonthereof, through regular inspections and servicing (and replacement where appropriate)servicing, including without limitation including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), including repair of leaks around and all ducts, pipes, vents, vents or other parts of the heating, ventilation and air conditioning systems (“HVAC”) HVAC or plumbing system, ; (ii) all fixtures, interior walls, floors, carpets and ceilings, ; (iii) all windows, doors, entrances, plate glass, showcases, showcases and skylights, skylights (iiiincluding cleaning both interior and exterior surfaces); (iv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs and bulbs, tubes, fans, vents, exhaust equipment and systems, (iv) all fire extinguisher equipment, ); and (v) any landscaping (including any necessary replanting) and irrigation systems, (vi) all parking areas (including any necessary painting, striping, patching or resurfacing), (vii) automatic fire extinguisher equipment in the exterior, floors and roof of all buildings contained within Premises. B. With respect to utility facilities serving the Leased Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), Tenant shall be responsible for the maintenance and repair of any necessary painting such facilities which serve only the Premises, including all such facilities that are within the walls or resurfacing floor, or on the roof of walls the Premises, and any patchingpart of such facility that is not within the Premises, resurfacing but only up to the point where such facilities join a main or replacement of roofs other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to preserve the same or to repair leaks) and (viii) all structural other parts of the improvementsProject as well as to the Premises. All glass, both Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior, is the sole responsibility of Tenant, exterior doors and any broken glass shall promptly be replaced by Tenant at Tenant’s expense windows) with glass of the same kind (to the extent permitted by applicable building codes)kind, size and quality. Tenant shall be responsible for repair any damage to the maintenancePremises (including exterior doors and windows) caused by vandalism or any unauthorized entry. C. Tenant shall (i) maintain, repair and replacement replace when necessary of all HVAC equipment which serves services only the Leased Premises Premises, and shall keep the same in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the Lease Term a service contract for the maintenance of all such HVAC equipment with a licensed HVAC repair and maintenance contractor approved by Landlord, which contract provides for the periodic inspection and servicing of the HVAC equipment at least once every three 60 days during the Lease Term. Notwithstanding the foregoing, Landlord may elect at any time to assume responsibility for the maintenance, repair and replacement of such HVAC equipment which serves only the Premises. Tenant shall maintain continuously throughout the Lease Term a service contract for the washing of all windows (3both interior and exterior surfaces) monthsin the Premises with a contractor approved by Landlord, which contract provides for the periodic washing of all such windows at least once every 60 days during the Lease Term. Tenant shall furnish Landlord with copies of all such service contracts, which shall provide that they may not be canceled or changed without at least 30 days' prior written notice to Landlord. (b) D. All repairs and replacements required of Tenant hereunder shall be promptly made with new materials (or, with Landlord’s consent, other materials) of like kind and quality. If the work results in a change in the character of the improvements on the Leased Premises or affects the structural parts of the Leased Premises Building or if the estimated cost of any item of repair or replacement is in excess of one hundred thousand dollars ($100,000)the Permitted Tenant's Alterations Limit, then Tenant shall first obtain Landlord’s 's written approval as to of the scope of the work, plans therefor, materials to be used, and the contractor. Landlord shall respond to Tenant’s request for approval promptly (and immediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such request.

Appears in 1 contract

Samples: Lease (Oplink Communications Inc)