TENANT'S OBLIGATIONS FOR MAINTENANCE. Subject to all other terms and provisions of this Lease, Tenant shall, at its sole cost and 52 expense, keep and maintain the Premises, including without limitation, the roof, foundation, HVAC 53 systems, utility lines and systems exclusively serving the Premises wherever located, and building 54 equipment, together with any and all alterations, additions and improvements therein or thereto 55 permissible under this Lease, in order, condition and repair consistent with the prevailing practices in 56 retail operations in the same proximate geographical area as the Park/Plaza Development, except for 57 ordinary wear and tear, and shall, at Tenant’s expense, make all repairs and replacements as may be 58 necessary in order to keep and maintain said improvements in such order, condition and repair, including 59 structural and non-structural and interior and exterior repairs and replacements, foreseen and unforeseen, 60 ordinary and extraordinary, and regardless of the time remaining to the expiration of the term hereby 61 granted. All such repairs and replacements shall be of good quality sufficient for the proper maintenance 62 and operation of the Premises and shall be constructed and installed in compliance with all applicable 63 laws and all directions, rules and regulations of the health officer, fire marshal, building inspector or other 64 proper officials of the governmental agencies having jurisdiction, and Tenant shall comply with all 65 requirements of law, ordinances and otherwise and insurance requirements. Xxxxxx also agrees to comply 66 with requirements of any insurance underwriters, inspection bureaus or a similar agency designated by 1 Landlord with respect to the Premises. At the end of the Term, Xxxxxx shall surrender the Premises in 2 good order, condition, and repair, reasonable wear and tear excepted. Tenant, at its own expense, shall 3 install and maintain such fire extinguishers and other fire protection devices as may be required from time 4 to time by any agency having jurisdiction thereof or by the insurance underwriter insuring the building in 5 which the Premises are located. 7 (b) Tenant shall keep the Premises and all other parts of the Park/Plaza Development free 8 from any and all liens arising out of any work performed, materials furnished, or obligations incurred by 9 or on behalf of Tenant. Within twenty (20) days after written request therefor by Landlord, Tenant shall
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
TENANT'S OBLIGATIONS FOR MAINTENANCE. Subject to all other terms and provisions (a) During the continuance of this Lease, Tenant shall, at its sole cost and 52 expense, keep and maintain the Premises, including without limitation, the roof, foundation, HVAC 53 systems, utility lines and systems exclusively serving the Premises wherever located, and building 54 equipment, together with any and all alterations, additions and improvements therein or thereto 55 permissible under this Lease, in order, condition and repair consistent with the prevailing practices in 56 retail operations in the same proximate geographical area as the Park/Plaza Development, except for 57 ordinary wear and tear, and shallTenant, at Tenant’s expense, make all repairs and replacements as may be 58 necessary in order to shall keep and maintain said improvements the Leased Premises and the Improvements and all furnishings, fixtures and equipment which Tenant brings, constructs or places in such orderor on the Leased Premises in a first class manner, condition and repair and Tenant shall maintain, keep and repair (including replacement of parts, equipment and cracked or broken glass) the Leased Premises and the Improvements including, without limitation, the exterior and interior portion of all doors, door frames, windows, window frames, plate glass, storefront, all plumbing within the Leased Premises, fixtures, heating and air conditioning and electrical systems, sprinkler system, walls, floors and ceilings, landscaping, signage, curbing, pavement and parking lot. Tenant shall not cause any nuisance, allow objectionable odors to emanate, or be dispelled from the Leased Premises, or cause or permit any waste or allow any trash to accumulate on the Leased Premises. Tenant shall keep the parking areas and sidewalks located upon the Leased Premises cleared of debris and shall maintain, mow and trim all landscaped areas in the Leased Premises. The Tenant shall repair, including 59 structural replace and non-structural renovate the Leased Premises and interior Improvements as often as necessary to keep them in first class repair and exterior repairs condition.
(b) Tenant shall keep and replacementsmaintain in a clean, foreseen sanitary and unforeseen, 60 ordinary safe condition and extraordinary, shall repair the Leased Premises and regardless the Improvements in accordance with all federal laws and the laws of the time remaining to the expiration State of the term hereby 61 granted. All such repairs Texas and replacements shall be of good quality sufficient for the proper maintenance 62 and operation of the Premises and shall be constructed and installed in compliance accordance with all applicable 63 laws and all directions, rules and regulations of the health officer, fire marshalxxxxxxxx, building inspector inspector, or other 64 proper officials of the governmental agencies having jurisdiction, at the sole cost and expense of Tenant, and Tenant shall comply with all 65 requirements of law, ordinances and otherwise otherwise, affecting the Leased Premises and insurance requirementsthe Improvements. Xxxxxx also agrees to comply 66 with requirements of Tenant shall clean and maintain any insurance underwriters, inspection bureaus or a similar agency designated by 1 Landlord with respect to grease trap serving the PremisesLeased Premises and the Improvements. At the end of the Term, Xxxxxx Tenant shall surrender the Leased Premises and the Improvements in 2 good order, condition, and repair, reasonable wear and tear (and, to the extent permitted by this Lease, casualty or condemnation) excepted. Tenant, at its own expense, shall 3 install and maintain such fire extinguishers and other fire protection devices as may be required from time 4 to time by any agency having jurisdiction thereof or by the insurance underwriter insuring the building in 5 which the Premises are located. 7 .
(bc) Tenant shall keep the Leased Premises and all other parts of the Park/Plaza Development Improvements free 8 from any and all liens arising out of any work performed, materials furnished, furnished or obligations incurred by 9 or on behalf for Tenant, and agrees to bond against or discharge any mechanic’s or materialmen’s liens filed against the Leased Premises, the Improvements, or Tenant for acts or omissions of Tenant. Within twenty , or its contractors, within sixty (2060) days after written request therefor by Landlord. Tenant shall reimburse Landlord for any and all reasonable costs and expenses which may be incurred by Landlord by reason of the filing of any such liens and/or the removal of same, such reimbursement to be made within sixty (60) days after receipt by Tenant shallfrom Landlord of a statement setting forth the amount of such costs and expenses.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Landrys Restaurants Inc)
TENANT'S OBLIGATIONS FOR MAINTENANCE. Subject to all other terms and provisions (a) Except as provided in Section 10.01 of this Lease, Tenant shall, at its sole cost and 52 expense, keep and maintain the Premises, including without limitation, the roof, foundation, HVAC 53 systems, utility lines and systems exclusively serving the Premises wherever located, and building 54 equipment, together with any and all alterations, additions and improvements therein or thereto 55 permissible under this Lease, in order, condition and repair consistent with the prevailing practices in 56 retail operations in the same proximate geographical area as the Park/Plaza Development, except for 57 ordinary wear and tear, and shallTenant, at Tenant’s expense, make all repairs and replacements as may be 58 necessary in order to shall keep and maintain said improvements in such first-class appearance, in a condition at least equal to that which existed when Tenant initially opened the Leased Premises for business, and in good order, condition and repairrepair as determined by Landlord (including replacement of parts and equipment, if necessary) the Leased Premises and every part thereof and any and all appurtenances thereto wherever located, including, but without limitation, the interior surfaces of the exterior walls, the exterior and interior portion of all doors, door frames, door checks, other entrances, windows, window frames, plate glass, storefronts, all plumbing and sewage facilities within the Leased Premises, including 59 structural free flow up to the maintenant’s point of connection to sewer branch line, fixtures, ventilation, heating and non-structural air conditioning and electrical systems (whether or not located in the Leased Premises), sprinkler systems, walls, floors and ceilings, and all other repairs, replacements, renewals and restorations, interior and exterior repairs exterior, ordinary and replacementsextraordinary, foreseen and unforeseen, 60 ordinary and extraordinaryall other work performed by or on behalf of Tenant pursuant to the exhibits attached hereto or Articles V or VI hereof or otherwise in accordance with the provisions of this Lease. Further, Tenant shall be responsible for repairs necessitated by the negligence or wrongful acts of Tenant, its agents, employees or contractors. When Tenant shall remodelremodels the Leased Premises as required, it shall do so following the criteria in Exhibit B. S13 Impossible Kicks/Dolphin Mall/03/21/23 COMMON AREA CHARGE
(b) Tenant shall keep and regardless maintain the Leased Premises in a clean, sanitary and safe condition in accordance with the laws of the time remaining to the expiration of the term hereby 61 granted. All such repairs State and replacements shall be of good quality sufficient for the proper maintenance 62 and operation of the Premises and shall be constructed and installed in compliance accordance with all applicable 63 laws and all directions, rules and regulations of the health officer, fire marshal, building inspector inspector, or other 64 proper officials of the governmental agencies having jurisdiction, and Tenant shall comply with all 65 requirements of law, ordinances and otherwise otherwise, affecting the Leased Premises, all at the sole cost and insurance requirements. Xxxxxx also agrees to comply 66 with requirements expense of any insurance underwriters, inspection bureaus or a similar agency designated by 1 Landlord with respect to the PremisesTenant. At the end time of the Termexpiration or sooner termination of the tenancy created herein, Xxxxxx shall surrender the Leased Premises in 2 good order, condition, condition and repair, reasonable wear and tear excepted. Tenant, at its own expense, shall 3 install and maintain such fire extinguishers and other fire protection devices as may be required from time 4 to time by any agency having jurisdiction thereof or by the insurance underwriter insuring the building in 5 which the Premises are located. 7 .
(bc) Tenant shall keep the Leased Premises and all other parts of the Park/Plaza Development regional retail development free 8 from any and all liens arising out of any work performed, materials furnished, furnished or obligations incurred by 9 or on behalf of for Tenant. Within twenty , and agrees to bond against or discharge any such lien (20including, without limitation, any construction, mechanic’s or materialman’s lien) within ten (10)thirty (30) days after written request therefor by Landlord. Tenant shall give Landlord at least fifteen (15) days’ notice prior to commencing or causing to be commenced any work on the Leased Premises (whether prior or subsequent to the commencement of the lease term), so that Landlord shall have reasonable opportunity to file and post notices of non-responsibility for Tenant’s work. In addition, prior to commencing or causing to be commenced any work on the Leased Premises, Tenant shallshall file a notice of commencement (or other similar instrument limiting lien rights related to Tenant’s Work) as provided by applicable statutory provisions and shall deliver a copy of such notice of commencement (or similar instrument) to Landlord. Tenant shall reimburse Landlord for any and all costs and expenses which may be incurred by Landlord by reason of the filing of any such liens and/or the removal of same, such reimbursement to be made within ten (10)thirty (30) days after written notice from Landlord to Tenant setting forth the amount of such costs and expenses.
(d) Tenant, at its own expense, shall install and maintain fire extinguishers, other fire protection devices as may be required from time to time by any agency having jurisdiction thereof. Should Landlord’s insurance carrier require that Tenant’s fire protection system be modified, Tenant shall make such modification at its sole expense within thirty (30) days after notice in writing by Landlord. Failure of Tenant to do so shall entitle Landlord to enter the Leased Premises and make such modification at the expense of Tenant. Tenant shall pay all charges billed by Landlord within ten (10) days after invoice. Tenant shall also be liable for any additional insurance premiums assessed to Landlord relating to the Leased Premises.
(1) Tenant agrees to operate its heating and its ventilating and air conditioning system(s) serving the Leased Premises during regular Shopping Center business hours so as to maintain comfortable conditions. Temperatures in the Leased Premises shall be compatible with temperatures in the enclosed mall (if any). Tenant’s installation of its heating and ventilating and air conditioning system shall be as set forth in Exhibit B, attached hereto and made a part hereof. Tenant shall be fully obligated for its maintenance and repair. If the Shopping Center contains an enclosed mall, Tenant shall not drain heat or ventilation or air conditioning from the enclosed mall into the Leased Premises and Tenant shall at all times maintain adequate temperatures within the Leased Premises to prevent any such drainage; likewise, Tenant shall not discharge air from the Leased Premises into the enclosed mall or other interior areas. Landlord shall not be obligated to Tenant for any damages or cost or expense resulting, directly or indirectly, from any failure or malfunction of any air conditioning supply system or condenser water system serving the Shopping Center or any component parts of any such system.
(2) To the extent the Leased Premises shall be serviced by a central air conditioning or condenser water system, Tenant’s obligation for connecting to, and all charges for, the central system, as well as Tenant’s installation, operation and maintenance of its heating and ventilating and air conditioning portion of the system shall be as set forth in Exhibit B (and any separate exhibit relating to such central system) attached hereto and made a part hereof. Landlord shall not be obligated to Tenant for any damages or cost or expense resulting, directly or indirectly, from any failure or malfunction of the central air conditioning supply system (or central condenser water system, as applicable) or any component parts thereof. Tenants approved by Landlord for the installation of a separate heating, ventilating and air conditioning system, serving the Leased Premises, shall construct the same in accordance with Landlord’s criteria. If Tenant shall install such a system, Tenant shall be fully obligated for its maintenance and repair.
(f) Tenant expressly waives all rights to make repairs at the expense of Landlord as provided for in any statute or law in effect during the term of this Lease.
(g) In the event that Tenant fails, refuses or neglects to commence and complete repairs promptly and adequately, to remove any lien, to pay any cost or expense, to reimburse Landlord, or otherwise to perform any act or fulfill any obligation required of Tenant pursuant to this Section 10.02, Landlord may, but shall not be required to, make or complete any such repairs, remove such lien (without inquiring into the validity thereof), pay such cost or perform such act or the like without prior notice to, but at the sole cost and expense of, Tenant, and Tenant shall reimburse Landlord for all costs and expenses of Landlord thereby incurred within ten (10)thirty (30) days after receipt by Xxxxxx from Landlord of a statement setting forth the amount of such costs and expenses. The failure by Tenant so to make repairs, to remove any lien, to pay any such cost or expense, or to so reimburse Landlord (in the case of reimbursement, within such ten-day period) shall constitute a default by Tenant under this Lease and shall carry with it the same consequences as failure to pay any installment of rent. Xxxxxxxx’s rights and remedies pursuant to this subsection (g) shall be in addition to any and all other rights and remedies provided under this Lease or at law. S14 Impossible Kicks/Dolphin Mall/03/21/23 COMMON AREA CHARGE
Appears in 1 contract
Samples: Lease Agreement (Impossible Kicks Holding Company, Inc.)
TENANT'S OBLIGATIONS FOR MAINTENANCE. Subject to all other terms and provisions (a) Except as provided in Section 10.01 of this Lease, Tenant shall, at its sole cost and 52 expense, keep and maintain the Premises, including without limitation, the roof, foundation, HVAC 53 systems, utility lines and systems exclusively serving the Premises wherever located, and building 54 equipment, together with any and all alterations, additions and improvements therein or thereto 55 permissible under this Lease, in order, condition and repair consistent with the prevailing practices in 56 retail operations in the same proximate geographical area as the Park/Plaza Development, except for 57 ordinary wear and tear, and shallTenant, at Tenant’s expense, make all repairs and replacements as may be 58 necessary in order to shall keep and maintain said improvements in such first-class appearance, in a condition at least equal to that which existed when Tenant initially opened the Leased Premises for business, and in good order, condition and repairrepair as determined by Landlord (including replacement of parts and equipment, if necessary) the Leased Premises and every part thereof and any and all appurtenances thereto wherever located, including, but without limitation, the interior surfaces of the exterior walls, the exterior and interior portion of all doors, door frames, door checks, other entrances, windows, window frames, plate glass, storefronts, all plumbing and sewage facilities within the Leased Premises, including 59 structural free flow up to the maintenant’s point of connection to sewer branch line, fixtures, ventilation, heating and non-structural air conditioning and electrical systems (whether or not located in the Leased Premises), sprinkler systems, walls, floors and ceilings, and all other repairs, replacements, renewals and restorations, interior and exterior repairs exterior, ordinary and replacementsextraordinary, foreseen and unforeseen, 60 ordinary and extraordinaryall other work performed by or on behalf of Tenant pursuant to the exhibits attached hereto or Articles V or VI hereof or otherwise in accordance with the provisions of this Lease. Further, Tenant shall be responsible for repairs necessitated by the negligence or wrongful acts of Tenant, its agents, employees or contractors. When Tenant shall remodelremodels the Leased Premises as required, it shall do so following the criteria in Exhibit B. S13 COMMON AREA CHARGE
(b) Tenant shall keep and regardless maintain the Leased Premises in a clean, sanitary and safe condition in accordance with the laws of the time remaining to the expiration of the term hereby 61 granted. All such repairs State and replacements shall be of good quality sufficient for the proper maintenance 62 and operation of the Premises and shall be constructed and installed in compliance accordance with all applicable 63 laws and all directions, rules and regulations of the health officer, fire marshal, building inspector inspector, or other 64 proper officials of the governmental agencies having jurisdiction, and Tenant shall comply with all 65 requirements of law, ordinances and otherwise otherwise, affecting the Leased Premises, all at the sole cost and insurance requirements. Xxxxxx also agrees to comply 66 with requirements expense of any insurance underwriters, inspection bureaus or a similar agency designated by 1 Landlord with respect to the PremisesTenant. At the end time of the Termexpiration or sooner termination of the tenancy created herein, Xxxxxx shall surrender the Leased Premises in 2 good order, condition, condition and repair, reasonable wear and tear excepted. Tenant, at its own expense, shall 3 install and maintain such fire extinguishers and other fire protection devices as may be required from time 4 to time by any agency having jurisdiction thereof or by the insurance underwriter insuring the building in 5 which the Premises are located. 7 .
(bc) Tenant shall keep the Leased Premises and all other parts of the Park/Plaza Development regional retail development free 8 from any and all liens arising out of any work performed, materials furnished, furnished or obligations incurred by 9 or on behalf of for Tenant. Within twenty , and agrees to bond against or discharge any such lien (20including, without limitation, any construction, mechanic’s or materialman’s lien) within ten (10)thirty (30) days after written request therefor by Landlord. Tenant shall give Landlord at least fifteen (15) days’ notice prior to commencing or causing to be commenced any work on the Leased Premises (whether prior or subsequent to the commencement of the lease term), so that Landlord shall have reasonable opportunity to file and post notices of non-responsibility for Tenant’s work. In addition, prior to commencing or causing to be commenced any work on the Leased Premises, Tenant shallshall file a notice of commencement (or other similar instrument limiting lien rights related to Tenant’s Work) as provided by applicable statutory provisions and shall deliver a copy of such notice of commencement (or similar instrument) to Landlord. Tenant shall reimburse Landlord for any and all costs and expenses which may be incurred by Landlord by reason of the filing of any such liens and/or the removal of same, such reimbursement to be made within ten (10)thirty (30) days after written notice from Landlord to Tenant setting forth the amount of such costs and expenses.
(d) Tenant, at its own expense, shall install and maintain fire extinguishers, other fire protection devices as may be required from time to time by any agency having jurisdiction thereof. Should Landlord’s insurance carrier require that Tenant’s fire protection system be modified, Tenant shall make such modification at its sole expense within thirty (30) days after notice in writing by Landlord. Failure of Tenant to do so shall entitle Landlord to enter the Leased Premises and make such modification at the expense of Tenant. Tenant shall pay all charges billed by Landlord within ten (10) days after invoice. Tenant shall also be liable for any additional insurance premiums assessed to Landlord relating to the Leased Premises.
(1) Tenant agrees to operate its heating and its ventilating and air conditioning system(s) serving the Leased Premises during regular Shopping Center business hours so as to maintain comfortable conditions. Temperatures in the Leased Premises shall be compatible with temperatures in the enclosed mall (if any). Tenant’s installation of its heating and ventilating and air conditioning system shall be as set forth in Exhibit B, attached hereto and made a part hereof. Tenant shall be fully obligated for its maintenance and repair. If the Shopping Center contains an enclosed mall, Tenant shall not drain heat or ventilation or air conditioning from the enclosed mall into the Leased Premises and Tenant shall at all times maintain adequate temperatures within the Leased Premises to prevent any such drainage; likewise, Tenant shall not discharge air from the Leased Premises into the enclosed mall or other interior areas. Landlord shall not be obligated to Tenant for any damages or cost or expense resulting, directly or indirectly, from any failure or malfunction of any air conditioning supply system or condenser water system serving the Shopping Center or any component parts of any such system.
(2) To the extent the Leased Premises shall be serviced by a central air conditioning or condenser water system, Tenant’s obligation for connecting to, and all charges for, the central system, as well as Tenant’s installation, operation and maintenance of its heating and ventilating and air conditioning portion of the system shall be as set forth in Exhibit B (and any separate exhibit relating to such central system) attached hereto and made a part hereof. Landlord shall not be obligated to Tenant for any damages or cost or expense resulting, directly or indirectly, from any failure or malfunction of the central air conditioning supply system (or central condenser water system, as applicable) or any component parts thereof. Tenants approved by Landlord for the installation of a separate heating, ventilating and air conditioning system, serving the Leased Premises, shall construct the same in accordance with Landlord’s criteria. If Tenant shall install such a system, Tenant shall be fully obligated for its maintenance and repair.
(f) Tenant expressly waives all rights to make repairs at the expense of Landlord as provided for in any statute or law in effect during the term of this Lease.
(g) In the event that Tenant fails, refuses or neglects to commence and complete repairs promptly and adequately, to remove any lien, to pay any cost or expense, to reimburse Landlord, or otherwise to perform any act or fulfill any obligation required of Tenant pursuant to this Section 10.02, Landlord may, but shall not be required to, make or complete any such repairs, remove such lien (without inquiring into the validity thereof), pay such cost or perform such act or the like without prior notice to, but at the sole cost and expense of, Tenant, and Tenant shall reimburse Landlord for all costs and expenses of Landlord thereby incurred within ten (10)thirty (30) days after receipt by Xxxxxx from Landlord of a statement setting forth the amount of such costs and expenses. The failure by Tenant so to make repairs, to remove any lien, to pay any such cost or expense, or to so reimburse Landlord (in the case of reimbursement, within such ten-day period) shall constitute a default by Tenant under this Lease and shall carry with it the same consequences as failure to pay any installment of rent. Xxxxxxxx’s rights and remedies pursuant to this subsection (g) shall be in addition to any and all other rights and remedies provided under this Lease or at law. S14 COMMON AREA CHARGE
Appears in 1 contract
Samples: Lease Agreement (Impossible Kicks Holding Company, Inc.)
TENANT'S OBLIGATIONS FOR MAINTENANCE. Subject to all other terms and provisions (a) Except as provided in Section 10.01 of this Lease, Tenant shallTenant, at its sole cost and 52 Tenant's expense, shall keep and maintain in first-class appearance, in a condition equal to or better than that which existed when Tenant initially opened the PremisesPremises for business, reasonable wear and tear excepted, and in good condition and repair (including replacement of parts and equipment, if necessary), the Premises and every part thereof and any and all appurtenances thereto wherever located, including, without limitation, the roofinterior surfaces of the exterior walls, foundationthe exterior and interior portion of all doors, HVAC 53 systemsdoor frames, utility lines door checks, other entrances, windows, window frames, plate glass, storefronts, all plumbing and sewage facilities within the Premises (including free flow to the main sewer line), fixtures, ventilation, heating and air conditioning and electrical systems exclusively serving the Premises wherever located(whether or not located in the Premises), sprinkler systems, walls, floors and ceilings (including floor and ceiling coverings), and building 54 equipmentall other repairs, together with any replacements, renewals and all alterationsrestorations, additions and improvements therein or thereto 55 permissible under this Lease, in order, condition and repair consistent with the prevailing practices in 56 retail operations in the same proximate geographical area as the Park/Plaza Development, except for 57 ordinary wear and tear, and shall, at Tenant’s expense, make all repairs and replacements as may be 58 necessary in order to keep and maintain said improvements in such order, condition and repair, including 59 structural and non-structural and interior and exterior repairs exterior, ordinary and replacementsextraordinary, foreseen and unforeseen, 60 ordinary and extraordinary, all other work performed by or on behalf of Tenant pursuant to Exhibit B and regardless of the time remaining to the expiration of the term hereby 61 granted. All such repairs Article VI hereof.
(b) Tenant shall keep and replacements shall be of good quality sufficient for the proper maintenance 62 and operation of maintain the Premises in a clean, sanitary and shall be constructed and installed safe condition in compliance accordance with all applicable 63 laws law and all directions, rules and regulations of the health officer, fire marshal, building inspector or other 64 proper officials of the governmental agencies having jurisdiction, jurisdiction and Tenant shall comply with all 65 requirements of law, ordinances and otherwise otherwise, affecting the Premises, all at Tenant's sole cost and insurance requirementsexpense. Xxxxxx Tenant also agrees to comply 66 with requirements of any insurance underwriters, inspection bureaus or a similar agency designated by 1 Landlord with respect to the Premises. At the end of the Term, Xxxxxx Tenant shall surrender the Premises in 2 good order, condition, condition and repair, reasonable wear and tear excepted. Tenant, at its own expense, shall 3 install and maintain such fire extinguishers and other fire protection devices as may be he required from time 4 to time by any agency having jurisdiction thereof or by the insurance underwriter insuring the building in 5 which the Premises are located. 7 .
(bc) Tenant shall keep the Premises and all other parts of the Park/Plaza Development free 8 from any and all liens arising out of any work performed, materials furnished, furnished or obligations incurred by 9 or on behalf of Tenant. Within twenty ten (2010) days after written request therefor by Landlord, Tenant shallshall (a) bond against or discharge any mechanics' or materialmens lien or (b) furnish Landlord with a copy of the recorded waiver of lien, recorded release of lien, or of the recorded bond discharging such lien. Tenant shall reimburse Landlord as Additional Rent for any and all costs and expenses including, without limitation, attorneys' fees, which may be incurred by Landlord by reason of the filing of any such liens and/or removal of same, such reimbursement to be made within ten (10) days after receipt by Tenant from Landlord of a statement setting forth the amount of such costs and expenses such reimbursement to be paid to Landlord in the manner and at the place provided in this Lease. Tenant shall give Landlord at least fifteen (15) days' written notice prior to commencing or causing to be commenced any work on the Premises (whether prior or subsequent to the Commencement Date), so that Landlord shall have reasonable opportunity to file and post a notice of non-responsibility for Tenant's work.
Appears in 1 contract
Samples: Lease (Melt Inc)
TENANT'S OBLIGATIONS FOR MAINTENANCE. Subject to all other terms and provisions (a) Except as provided in Section 10.01 of this Lease, Tenant shall, at its sole cost and 52 expense, keep and maintain the Premises, including without limitation, the roof, foundation, HVAC 53 systems, utility lines and systems exclusively serving the Premises wherever located, and building 54 equipment, together with any and all alterations, additions and improvements therein or thereto 55 permissible under this Lease, in order, condition and repair consistent with the prevailing practices in 56 retail operations in the same proximate geographical area as the Park/Plaza Development, except for 57 ordinary wear and tear, and shallTenant, at Tenant’s expense, make all repairs and replacements as may be 58 necessary in order to shall keep and maintain said improvements in such first-class appearance, in a condition at least equal to that which existed when Tenant initially opened the Leased Premises for business, and in good order, condition and repairrepair as determined by Landlord (including replacement of parts and equipment, if necessary) the Leased Premises and every part thereof and any and all appurtenances thereto wherever located, including, but without limitation, the interior surfaces of the exterior walls, the exterior and interior portion of all doors, door frames, door checks, other entrances, windows, window frames, plate glass, storefronts, all plumbing and sewage facilities within the Leased Premises, including 59 structural free flow up to the maintenant’s point of connection to sewer branch line, fixtures, ventilation, heating and non-structural air conditioning and electrical systems (whether or not located in the Leased Premises), sprinkler systems, walls, floors and ceilings, and all other repairs, replacements, renewals and restorations, interior and exterior repairs exterior, ordinary and replacementsextraordinary, foreseen and unforeseen, 60 ordinary and extraordinaryall other work performed by or on behalf of Tenant pursuant to the exhibits attached hereto or Articles V or VI hereof or otherwise in accordance with the provisions of this Lease. Further, Tenant shall be responsible for repairs necessitated by the negligence or wrongful acts of Tenant, its agents, employees or contractors. When Tenant shall remodelremodels the Leased Premises as required, it shall do so following the criteria in Exhibit B. S14 COMMON AREA CHARGE
(b) Tenant shall keep and regardless maintain the Leased Premises in a clean, sanitary and safe condition in accordance with the laws of the time remaining to the expiration of the term hereby 61 granted. All such repairs State and replacements shall be of good quality sufficient for the proper maintenance 62 and operation of the Premises and shall be constructed and installed in compliance accordance with all applicable 63 laws and all directions, rules and regulations of the health officer, fire marshal, building inspector inspector, or other 64 proper officials of the governmental agencies having jurisdiction, and Tenant shall comply with all 65 requirements of law, ordinances and otherwise otherwise, affecting the Leased Premises, all at the sole cost and insurance requirements. Xxxxxx also agrees to comply 66 with requirements expense of any insurance underwriters, inspection bureaus or a similar agency designated by 1 Landlord with respect to the PremisesTenant. At the end time of the Termexpiration or sooner termination of the tenancy created herein, Xxxxxx shall surrender the Leased Premises in 2 good order, condition, condition and repair, reasonable wear and tear excepted. Tenant, at its own expense, shall 3 install and maintain such fire extinguishers and other fire protection devices as may be required from time 4 to time by any agency having jurisdiction thereof or by the insurance underwriter insuring the building in 5 which the Premises are located. 7 .
(bc) Tenant shall keep the Leased Premises and all other parts of the Park/Plaza Development regional retail development free 8 from any and all liens arising out of any work performed, materials furnished, furnished or obligations incurred by 9 or on behalf of for Tenant. Within twenty , and agrees to bond against or discharge any such lien (20including, without limitation, any construction, mechanic’s or materialman’s lien) within ten (10)thirty (30) days after written request therefor by Landlord. Tenant shall give Landlord at least fifteen (15) days’ notice prior to commencing or causing to be commenced any work on the Leased Premises (whether prior or subsequent to the commencement of the lease term), so that Landlord shall have reasonable opportunity to file and post notices of non-responsibility for Tenant’s work. In addition, prior to commencing or causing to be commenced any work on the Leased Premises, Tenant shallshall file a notice of commencement (or other similar instrument limiting lien rights related to Tenant’s Work) as provided by applicable statutory provisions and shall deliver a copy of such notice of commencement (or similar instrument) to Landlord. Tenant shall reimburse Landlord for any and all costs and expenses which may be incurred by Landlord by reason of the filing of any such liens and/or the removal of same, such reimbursement to be made within ten (10)thirty (30) days after written notice from Landlord to Tenant setting forth the amount of such costs and expenses.
(d) Tenant, at its own expense, shall install and maintain fire extinguishers, other fire protection devices as may be required from time to time by any agency having jurisdiction thereof. Should Landlord’s insurance carrier require that Tenant’s fire protection system be modified, Tenant shall make such modification at its sole expense within thirty (30) days after notice in writing by Landlord. Failure of Tenant to do so shall entitle Landlord to enter the Leased Premises and make such modification at the expense of Tenant. Tenant shall pay all charges billed by Landlord within ten (10) days after invoice. Tenant shall also be liable for any additional insurance premiums assessed to Landlord relating to the Leased Premises.
(1) Tenant agrees to operate its heating and its ventilating and air conditioning system(s) serving the Leased Premises during regular Shopping Center business hours so as to maintain comfortable conditions. Temperatures in the Leased Premises shall be compatible with temperatures in the enclosed mall (if any). Tenant’s installation of its heating and ventilating and air conditioning system shall be as set forth in Exhibit B, attached hereto and made a part hereof. Tenant shall be fully obligated for its maintenance and repair. If the Shopping Center contains an enclosed mall, Tenant shall not drain heat or ventilation or air conditioning from the enclosed mall into the Leased Premises and Tenant shall at all times maintain adequate temperatures within the Leased Premises to prevent any such drainage; likewise, Tenant shall not discharge air from the Leased Premises into the enclosed mall or other interior areas. Landlord shall not be obligated to Tenant for any damages or cost or expense resulting, directly or indirectly, from any failure or malfunction of any air conditioning supply system or condenser water system serving the Shopping Center or any component parts of any such system.
(2) To the extent the Leased Premises shall be serviced by a central air conditioning or condenser water system, Tenant’s obligation for connecting to, and all charges for, the central system, as well as Tenant’s installation, operation and maintenance of its heating and ventilating and air conditioning portion of the system shall be as set forth in Exhibit B (and any separate exhibit relating to such central system) attached hereto and made a part hereof. Landlord shall not be obligated to Tenant for any damages or cost or expense resulting, directly or indirectly, from any failure or malfunction of the central air conditioning supply system (or central condenser water system, as applicable) or any component parts thereof. Tenants approved by Landlord for the installation of a separate heating, ventilating and air conditioning system, serving the Leased Premises, shall construct the same in accordance with Landlord’s criteria. If Tenant shall install such a system, Tenant shall be fully obligated for its maintenance and repair. S15 COMMON AREA CHARGE
(f) Tenant expressly waives all rights to make repairs at the expense of Landlord as provided for in any statute or law in effect during the term of this Lease.
(g) In the event that Tenant fails, refuses or neglects to commence and complete repairs promptly and adequately, to remove any lien, to pay any cost or expense, to reimburse Landlord, or otherwise to perform any act or fulfill any obligation required of Tenant pursuant to this Section 10.02, Landlord may, but shall not be required to, make or complete any such repairs, remove such lien (without inquiring into the validity thereof), pay such cost or perform such act or the like without prior notice to, but at the sole cost and expense of, Tenant, and Tenant shall reimburse Landlord for all costs and expenses of Landlord thereby incurred within ten (10)thirty (30) days after receipt by Xxxxxx from Landlord of a statement setting forth the amount of such costs and expenses. The failure by Tenant so to make repairs, to remove any lien, to pay any such cost or expense, or to so reimburse Landlord (in the case of reimbursement, within such ten-day period) shall constitute a default by Tenant under this Lease and shall carry with it the same consequences as failure to pay any installment of rent. Xxxxxxxx’s rights and remedies pursuant to this subsection (g) shall be in addition to any and all other rights and remedies provided under this Lease or at law.
Appears in 1 contract
Samples: Lease Agreement (Impossible Kicks Holding Company, Inc.)
TENANT'S OBLIGATIONS FOR MAINTENANCE. Subject to all other terms and provisions of this Lease(a) Except as provided in Section 10.1 above, Tenant shall, at its sole cost and 52 expense, shall keep and maintain the Premises, including without limitation, the roof, foundation, HVAC 53 systems, utility lines and systems exclusively serving the Premises wherever located, and building 54 equipment, together with any and all alterations, additions and improvements therein or thereto 55 permissible under this Lease, in good order, condition and repair consistent with (including replacement parts and equipment if necessary) the prevailing practices in 56 retail operations Premises and every part thereof and any and all appurtenances thereto wherever located, including, but without limitation, the exterior and interior portion of all doors, door checks, windows, plate glass store front, all electrical plumbing and sewage facilities within the Premises, including free flow up to the main sewer line, fixtures, heating and air conditioning and electrical systems (whether or not located in the same proximate geographical area as the Park/Plaza DevelopmentPremises), except sprinkler system, walls, floors and ceilings. The plumbing and sewage facilities shall not be used for 57 ordinary wear and tearany other purpose than for which they are constructed, and shallno foreign substance of any kind shall be introduced therein. Tenant hereby agrees to be responsible for any expenses incurred in connection with any breakage, at stoppage or damage resulting from a violation of this provision by Tenant’s expense, make all repairs and replacements as may be 58 necessary in order to its agents, employees, invitees, licensees or contractors.
(b) Tenant shall keep and maintain said improvements the Premises in such ordera clean, sanitary and safe condition and repair, including 59 structural and non-structural and interior and exterior repairs and replacements, foreseen and unforeseen, 60 ordinary and extraordinary, and regardless in accordance with the laws of the time remaining to the expiration State of the term hereby 61 granted. All such repairs Florida and replacements shall be of good quality sufficient for the proper maintenance 62 and operation of the Premises and shall be constructed and installed in compliance accordance with all applicable 63 laws and all directions, rules and regulations of the health officer, fire marshalxxxxxxxx, building inspector inspector, or other 64 proper officials of the governmental agencies having jurisdiction, at the sole cost and expense of Tenant, and Tenant shall comply with all 65 requirements of law, ordinances ordinance and otherwise and insurance requirements. Xxxxxx also agrees to comply 66 with requirements of any insurance underwritersotherwise, inspection bureaus or a similar agency designated by 1 Landlord with respect to affecting the Premises. At If Tenant refuses or neglects to commence or complete repairs required by subparagraphs (a) and (b) hereof promptly and adequately, Landlord may, without notice and without having any obligation to do so, make all or any part of said repairs and Tenant shall pay the end cost thereof to Landlord upon demand, as Additional Rent. Tenant covenants to give Landlord prompt written notice of any accident, fire or damage occurring on or to the Premises or to any defects therein or in any fixtures or equipment. Neither Landlord nor Landlord's agents or servants shall be liable for any damages caused by or growing out of any breakage, leakage, or defective condition of the Termelectric wiring, Xxxxxx air conditioning or heating pipes and equipment, closets, plumbing, appliances, sprinklers, other equipment, or other facilities, serving the Premises. Neither Landlord nor Landlord's agents or servants shall surrender be liable for any damages caused by, or growing out of any defect in the Premises in 2 good orderor any part thereof for fire, conditionrain, and repair, reasonable wear and tear excepted. wind or other cause.
(c) Tenant, at its own expense, shall 3 install and maintain such fire extinguishers and other fire protection devices as may be required from time 4 to time by any agency having jurisdiction thereof or by and the insurance underwriter underwriters insuring the building in 5 which the Premises are located. 7 .
(bd) Tenant shall keep the Premises and Landlord, at its option, may obtain, an air conditioning maintenance agreement servicing all other parts or part of the Park/Plaza Development free 8 from any Shopping Center, and all liens arising out in such event, the cost of any work performedsaid agreement shall be borne proportionately among the tenants of the Shopping Center, materials furnished, or obligations incurred by 9 or on behalf as part of Tenant. Within twenty (20) days after written request therefor by Landlord, Tenant shallthe Shared Expenses.
Appears in 1 contract
TENANT'S OBLIGATIONS FOR MAINTENANCE. Subject to all other terms and provisions (a) Except as provided in Section 10.01 of this Lease, Tenant shall, at its sole cost and 52 expense, keep and maintain the Premises, including without limitation, the roof, foundation, HVAC 53 systems, utility lines and systems exclusively serving the Premises wherever located, and building 54 equipment, together with any and all alterations, additions and improvements therein or thereto 55 permissible under this Lease, in order, condition and repair consistent with the prevailing practices in 56 retail operations in the same proximate geographical area as the Park/Plaza Development, except for 57 ordinary wear and tear, and shallTenant, at Tenant’s expense, make all repairs and replacements as may be 58 necessary in order to shall keep and maintain said improvements in such first-class appearance, in a condition at least equal to that which existed when Tenant initially opened the Leased Premises for business, and in good order, condition and repairrepair as determined by Landlord (including replacement of parts and equipment, if necessary) the Leased Premises and every part thereof and any and all appurtenances thereto wherever located, including, but without limitation, the interior surfaces of the exterior walls, the exterior and interior portion of all doors, door frames, door checks, other entrances, windows, window frames, plate glass, storefronts, all plumbing and sewage facilities within the Leased Premises, including 59 structural free flow up to the maintenant’s point of connection to sewer branch line, fixtures, ventilation, heating and non-structural air conditioning and electrical systems (whether or not located in the Leased Premises), sprinkler systems, walls, floors and ceilings, and all other repairs, replacements, renewals and restorations, interior and exterior repairs exterior, ordinary and replacementsextraordinary, foreseen and unforeseen, 60 ordinary and extraordinaryall other work performed by or on behalf of Tenant pursuant to the exhibits attached hereto or Articles V or VI hereof or otherwise in accordance with the provisions of this Lease. Further, Tenant shall be responsible for repairs necessitated by the negligence or wrongful acts of Tenant, its agents, employees or contractors. When Tenant shall remodelremodels the Leased Premises as required, it shall do so following the criteria in Exhibit B.
(b) Tenant shall keep and regardless maintain the Leased Premises in a clean, sanitary and safe condition in accordance with the laws of the time remaining to the expiration of the term hereby 61 granted. All such repairs State and replacements shall be of good quality sufficient for the proper maintenance 62 and operation of the Premises and shall be constructed and installed in compliance accordance with all applicable 63 laws and all directions, rules and regulations of the health officer, fire marshal, building inspector inspector, or other 64 proper officials of the governmental agencies having jurisdiction, and Tenant shall comply with all 65 requirements of law, ordinances and otherwise otherwise, affecting the Leased Premises, all at the sole cost and insurance requirements. Xxxxxx also agrees to comply 66 with requirements expense of any insurance underwriters, inspection bureaus or a similar agency designated by 1 Landlord with respect to the PremisesTenant. At the end time of the Termexpiration or sooner termination of the tenancy created herein, Xxxxxx shall surrender the Leased Premises in 2 good order, condition, condition and repair, reasonable wear and tear excepted. Tenant, at its own expense, shall 3 install and maintain such fire extinguishers and other fire protection devices as may be required from time 4 to time by any agency having jurisdiction thereof or by the insurance underwriter insuring the building in 5 which the Premises are located. 7 .
(bc) Tenant shall keep the Leased Premises and all other parts of the Park/Plaza Development regional retail development free 8 from any and all liens arising out of any work performed, materials furnished, furnished or obligations incurred by 9 or on behalf of for Tenant. Within twenty , and agrees to bond against or discharge any such lien (20including, without limitation, any construction, mechanic’s or materialman’s lien) within ten (10)thirty (30) days after written request therefor by Landlord. Tenant shall give Landlord at least fifteen (15) days’ notice prior to commencing or causing to be commenced any work on the Leased Premises (whether prior or subsequent to the commencement of the lease term), so that Landlord shall have reasonable opportunity to file and post notices of non-responsibility for Tenant’s work. In addition, prior to commencing or causing to be commenced any work on the Leased Premises, Tenant shallshall file a notice of commencement (or other similar instrument limiting lien rights related to Tenant’s Work) as provided by applicable statutory provisions and shall deliver a copy of such notice of commencement (or similar instrument) to Landlord. Tenant shall reimburse Landlord for any and all costs and expenses which may be incurred by Landlord by reason of the filing of any such liens and/or the removal of same, such reimbursement to be made within ten (10)thirty (30) days after written notice from Landlord to Tenant setting forth the amount of such costs and expenses. S14 COMMON AREA CHARGE
(d) Tenant, at its own expense, shall install and maintain fire extinguishers, other fire protection devices as may be required from time to time by any agency having jurisdiction thereof. Should Landlord’s insurance carrier require that Tenant’s fire protection system be modified, Tenant shall make such modification at its sole expense within thirty (30) days after notice in writing by Landlord. Failure of Tenant to do so shall entitle Landlord to enter the Leased Premises and make such modification at the expense of Tenant. Tenant shall pay all charges billed by Landlord within ten (10) days after invoice. Tenant shall also be liable for any additional insurance premiums assessed to Landlord relating to the Leased Premises.
(1) Tenant agrees to operate its heating and its ventilating and air conditioning system(s) serving the Leased Premises during regular Shopping Center business hours so as to maintain comfortable conditions. Temperatures in the Leased Premises shall be compatible with temperatures in the enclosed mall (if any). Tenant’s installation of its heating and ventilating and air conditioning system shall be as set forth in Exhibit B, attached hereto and made a part hereof. Tenant shall be fully obligated for its maintenance and repair. If the Shopping Center contains an enclosed mall, Tenant shall not drain heat or ventilation or air conditioning from the enclosed mall into the Leased Premises and Tenant shall at all times maintain adequate temperatures within the Leased Premises to prevent any such drainage; likewise, Tenant shall not discharge air from the Leased Premises into the enclosed mall or other interior areas. Landlord shall not be obligated to Tenant for any damages or cost or expense resulting, directly or indirectly, from any failure or malfunction of any air conditioning supply system or condenser water system serving the Shopping Center or any component parts of any such system.
(2) To the extent the Leased Premises shall be serviced by a central air conditioning or condenser water system, Tenant’s obligation for connecting to, and all charges for, the central system, as well as Tenant’s installation, operation and maintenance of its heating and ventilating and air conditioning portion of the system shall be as set forth in Exhibit B (and any separate exhibit relating to such central system) attached hereto and made a part hereof. Landlord shall not be obligated to Tenant for any damages or cost or expense resulting, directly or indirectly, from any failure or malfunction of the central air conditioning supply system (or central condenser water system, as applicable) or any component parts thereof. Tenants approved by Landlord for the installation of a separate heating, ventilating and air conditioning system, serving the Leased Premises, shall construct the same in accordance with Landlord’s criteria. If Tenant shall install such a system, Tenant shall be fully obligated for its maintenance and repair.
(f) Tenant expressly waives all rights to make repairs at the expense of Landlord as provided for in any statute or law in effect during the term of this Lease.
(g) In the event that Tenant fails, refuses or neglects to commence and complete repairs promptly and adequately, to remove any lien, to pay any cost or expense, to reimburse Landlord, or otherwise to perform any act or fulfill any obligation required of Tenant pursuant to this Section 10.02, Landlord may, but shall not be required to, make or complete any such repairs, remove such lien (without inquiring into the validity thereof), pay such cost or perform such act or the like without prior notice to, but at the sole cost and expense of, Tenant, and Tenant shall reimburse Landlord for all costs and expenses of Landlord thereby incurred within ten (10)thirty (30) days after receipt by Xxxxxx from Landlord of a statement setting forth the amount of such costs and expenses. The failure by Tenant so to make repairs, to remove any lien, to pay any such cost or expense, or to so reimburse Landlord (in the case of reimbursement, within such ten-day period) shall constitute a default by Tenant under this Lease and shall carry with it the same consequences as failure to pay any installment of rent. Xxxxxxxx’s rights and remedies pursuant to this subsection (g) shall be in addition to any and all other rights and remedies provided under this Lease or at law. S15 COMMON AREA CHARGE
Appears in 1 contract
TENANT'S OBLIGATIONS FOR MAINTENANCE. Subject to all other terms and provisions (a) Except as provided in Section 10.01 of this Lease, Tenant shallTenant, at its sole cost and 52 Tenant's expense, shall keep and maintain in first-class appearance, in a condition at least equal to that which existed when Tenant initially opened the Premises, including without limitation, the roof, foundation, HVAC 53 systems, utility lines and systems exclusively serving the Premises wherever locatedleased premises for business, and building 54 equipment, together with any and all alterations, additions and improvements therein or thereto 55 permissible under this Lease, in good order, condition and repair consistent with as determined by Landlord (including replacement of parts and equipment, if necessary) the prevailing practices in 56 retail operations leased premises and every part thereof and any and all appurtenances thereto wherever located, including, but without limitation, the interior surfaces of the exterior walls, the exterior and interior portion of all doors, door frames, door checks, other entrances, windows, window frames, plate glass, storefronts, all plumbing and sewage facilities within the leased premises, including free flow up to the main sewer line, fixtures, ventilation, heating and air conditioning and electrical systems (whether or not located in the same proximate geographical area as the Park/Plaza Developmentleased~ses, except for 57 ordinary wear sprinkler systems, walls, floors and tearceilings, and shallall other repairs, at Tenant’s expensereplacements, make all repairs renewals and replacements as may be 58 necessary in order to keep and maintain said improvements in such orderrestorations, condition and repair, including 59 structural and non-structural and interior and exterior repairs exterior, ordinary and replacementsextraordinary, foreseen and unforeseen, 60 ordinary and extraordinaryall other work performed by or on behalf of Tenant pursuant to the exhibits attached hereto or Articles V or VI hereof or otherwise in accordance with the provisions of this Lease. Tenant shall remodel the leased premises as required in Exhibit B. Tenant shall keep and maintain the leased premises in a clean, (1)) sanitary and regardless safe condition in accordance with the laws of the time remaining to the expiration of the term hereby 61 granted. All such repairs State and replacements shall be of good quality sufficient for the proper maintenance 62 and operation of the Premises and shall be constructed and installed in compliance accordance with all applicable 63 laws and all directions, rules and regulations of the health officer, fire marshalmarshall, building inspector inspector, or other 64 proper oxxxx xxxper officials of the governmental agencies having jurisdiction, and Tenant shall comply with all 65 requirements of law, ordinances and otherwise otherwise, affecting the leased premises, all at the sole cost and insurance requirements. Xxxxxx also agrees to comply 66 with requirements expense of any insurance underwriters, inspection bureaus or a similar agency designated by 1 Landlord with respect to the PremisesTenant. At the end time of the Termexpiration or sooner termination of the tenancy created herein, Xxxxxx Tenant shall surrender the Premises ~premises in 2 good order, condition, condition and repair, reasonable wear and tear excepted. Tenant, at its own expense, shall 3 install and maintain such fire extinguishers and other fire protection devices as may be required from time 4 to time by any agency having jurisdiction thereof or by the insurance underwriter insuring the building in 5 which the Premises are located. 7 (b) Tenant shall keep the Premises and all other parts of the Park/Plaza Development free 8 from any and all liens arising out of any work performed, materials furnished, or obligations incurred by 9 or on behalf of Tenant. Within twenty (20) days after written request therefor by Landlord, Tenant shallexpenses.
Appears in 1 contract
Samples: Lease Agreement (Play Co Toys & Entertainment Corp)
TENANT'S OBLIGATIONS FOR MAINTENANCE. Subject to all other terms and provisions (a) Except as provided in Section 10.01 of this Lease, Tenant shall, at its sole cost and 52 expense, keep and maintain the Premises, including without limitation, the roof, foundation, HVAC 53 systems, utility lines and systems exclusively serving the Premises wherever located, and building 54 equipment, together with any and all alterations, additions and improvements therein or thereto 55 permissible under this Lease, in order, condition and repair consistent with the prevailing practices in 56 retail operations in the same proximate geographical area as the Park/Plaza Development, except for 57 ordinary wear and tear, and shallTenant, at Tenant’s expense, make all repairs and replacements as may be 58 necessary in order to shall keep and maintain said improvements in such first-class appearance, in a condition at least equal to that which existed when Tenant initially opened the Leased Premises for business, and in good order, condition and repairrepair as determined by Landlord (including replacement of parts and equipment, if necessary) the Leased Premises and every part thereof and any and all appurtenances thereto wherever located, including, but without limitation, the interior surfaces of the exterior walls, the exterior and interior portion of all doors, door frames, door checks, other entrances, windows, window frames, plate glass, storefronts, all plumbing and sewage facilities within the Leased Premises, including 59 structural free flow up to the maintenant’s point of connection to sewer branch line, fixtures, ventilation, heating and non-structural air conditioning and electrical systems (whether or not located in the Leased Premises), sprinkler systems, walls, floors and ceilings, and all other repairs, replacements, renewals and restorations, interior and exterior repairs exterior, ordinary and replacementsextraordinary, foreseen and unforeseen, 60 ordinary and extraordinaryall other work performed by or on behalf of Tenant pursuant to the exhibits attached hereto or Articles V or VI hereof or otherwise in accordance with the provisions of this Lease. Further, Tenant shall be responsible for repairs necessitated by the negligence or wrongful acts of Tenant, its agents, employees or contractors. When Tenant shall remodelremodels the Leased Premises as required, it shall do so following the criteria in Exhibit B.
(b) Tenant shall keep and regardless maintain the Leased Premises in a clean, sanitary and safe condition in accordance with the laws of the time remaining to the expiration of the term hereby 61 granted. All such repairs State and replacements shall be of good quality sufficient for the proper maintenance 62 and operation of the Premises and shall be constructed and installed in compliance accordance with all applicable 63 laws and all directions, rules and regulations of the health officer, fire marshal, building inspector inspector, or other 64 proper officials of the governmental agencies having jurisdiction, and Tenant shall comply with all 65 requirements of law, ordinances and otherwise otherwise, affecting the Leased Premises, all at the sole cost and insurance requirements. Xxxxxx also agrees to comply 66 with requirements expense of any insurance underwriters, inspection bureaus or a similar agency designated by 1 Landlord with respect to the PremisesTenant. At the end time of the Termexpiration or sooner termination of the tenancy created herein, Xxxxxx shall surrender the Leased Premises in 2 good order, condition, condition and repair, reasonable wear and tear excepted. Tenant, at its own expense, shall 3 install and maintain such fire extinguishers and other fire protection devices as may be required from time 4 to time by any agency having jurisdiction thereof or by the insurance underwriter insuring the building in 5 which the Premises are located. 7 S13 COMMON AREA CHARGE
(bc) Tenant shall keep the Leased Premises and all other parts of the Park/Plaza Development regional retail development free 8 from any and all liens arising out of any work performed, materials furnished, furnished or obligations incurred by 9 or on behalf of for Tenant. Within twenty , and agrees to bond against or discharge any such lien (20including, without limitation, any construction, mechanic’s or materialman’s lien) within ten (10)thirty (30) days after written request therefor by Landlord. Tenant shall give Landlord at least fifteen (15) days’ notice prior to commencing or causing to be commenced any work on the Leased Premises (whether prior or subsequent to the commencement of the lease term), so that Landlord shall have reasonable opportunity to file and post notices of non-responsibility for Tenant’s work. In addition, prior to commencing or causing to be commenced any work on the Leased Premises, Tenant shallshall file a notice of commencement (or other similar instrument limiting lien rights related to Tenant’s Work) as provided by applicable statutory provisions and shall deliver a copy of such notice of commencement (or similar instrument) to Landlord. Tenant shall reimburse Landlord for any and all costs and expenses which may be incurred by Landlord by reason of the filing of any such liens and/or the removal of same, such reimbursement to be made within ten (10)thirty (30) days after written notice from Landlord to Tenant setting forth the amount of such costs and expenses.
(d) Tenant, at its own expense, shall install and maintain fire extinguishers, other fire protection devices as may be required from time to time by any agency having jurisdiction thereof. Should Landlord’s insurance carrier require that Tenant’s fire protection system be modified, Tenant shall make such modification at its sole expense within thirty (30) days after notice in writing by Landlord. Failure of Tenant to do so shall entitle Landlord to enter the Leased Premises and make such modification at the expense of Tenant. Tenant shall pay all charges billed by Landlord within ten (10) days after invoice. Tenant shall also be liable for any additional insurance premiums assessed to Landlord relating to the Leased Premises.
(1) Tenant agrees to operate its heating and its ventilating and air conditioning system(s) serving the Leased Premises during regular Shopping Center business hours so as to maintain comfortable conditions. Temperatures in the Leased Premises shall be compatible with temperatures in the enclosed mall (if any). Tenant’s installation of its heating and ventilating and air conditioning system shall be as set forth in Exhibit B, attached hereto and made a part hereof. Tenant shall be fully obligated for its maintenance and repair. If the Shopping Center contains an enclosed mall, Tenant shall not drain heat or ventilation or air conditioning from the enclosed mall into the Leased Premises and Tenant shall at all times maintain adequate temperatures within the Leased Premises to prevent any such drainage; likewise, Tenant shall not discharge air from the Leased Premises into the enclosed mall or other interior areas. Landlord shall not be obligated to Tenant for any damages or cost or expense resulting, directly or indirectly, from any failure or malfunction of any air conditioning supply system or condenser water system serving the Shopping Center or any component parts of any such system.
(2) To the extent the Leased Premises shall be serviced by a central air conditioning or condenser water system, Tenant’s obligation for connecting to, and all charges for, the central system, as well as Tenant’s installation, operation and maintenance of its heating and ventilating and air conditioning portion of the system shall be as set forth in Exhibit B (and any separate exhibit relating to such central system) attached hereto and made a part hereof. Landlord shall not be obligated to Tenant for any damages or cost or expense resulting, directly or indirectly, from any failure or malfunction of the central air conditioning supply system (or central condenser water system, as applicable) or any component parts thereof. Tenants approved by Landlord for the installation of a separate heating, ventilating and air conditioning system, serving the Leased Premises, shall construct the same in accordance with Landlord’s criteria. If Tenant shall install such a system, Tenant shall be fully obligated for its maintenance and repair.
(f) Tenant expressly waives all rights to make repairs at the expense of Landlord as provided for in any statute or law in effect during the term of this Lease.
(g) In the event that Tenant fails, refuses or neglects to commence and complete repairs promptly and adequately, to remove any lien, to pay any cost or expense, to reimburse Landlord, or otherwise to perform any act or fulfill any obligation required of Tenant pursuant to this Section 10.02, Landlord may, but shall not be required to, make or complete any such repairs, remove such lien (without inquiring into the validity thereof), pay such cost or perform such act or the like without prior notice to, but at the sole cost and expense of, Tenant, and Tenant shall reimburse Landlord for all costs and expenses of Landlord thereby incurred within ten (10)thirty (30) days after receipt by Xxxxxx from Landlord of a statement setting forth the amount of such costs and expenses. The failure by Tenant so to make repairs, to remove any lien, to pay any such cost or expense, or to so reimburse Landlord (in the case of reimbursement, within such ten-day period) shall constitute a default by Tenant under this Lease and shall carry with it the same consequences as failure to pay any installment of rent. Xxxxxxxx’s rights and remedies pursuant to this subsection (g) shall be in addition to any and all other rights and remedies provided under this Lease or at law. S14 COMMON AREA CHARGE
Appears in 1 contract
Samples: Lease Agreement (Impossible Kicks Holding Company, Inc.)
TENANT'S OBLIGATIONS FOR MAINTENANCE. Subject to all other terms and provisions (a) Except as provided in Section 10.1 of this Lease, Tenant shallTenant, at its sole cost and 52 Tenant's expense, shall keep and maintain in high-quality appearance, in a condition at least equal to that which existed when Tenant initially opened the Premises, including without limitation, the roof, foundation, HVAC 53 systems, utility lines and systems exclusively serving the Premises wherever locatedleased premises for business, and building 54 equipment, together with any and all alterations, additions and improvements therein or thereto 55 permissible under this Lease, in good order, condition and repair consistent with as determined by Landlord (including replacement of parts and equipment, if necessary) the prevailing practices in 56 retail operations leased premises and every part thereof and any and all appurtenances thereto wherever located, including, but without limitation, the interior surfaces of the exterior walls, the roof membrane, the exterior and interior portion of all doors, door frames, door checks, other entrances, windows, window frames, plate glass, storefronts, all plumbing and sewage facilities within the leased premises, including free flow up to the main sewer line, fixtures, ventilation, heating and air conditioning and electrical systems (whether or not located in the same proximate geographical area as the Park/Plaza Developmentleased premises), except for 57 ordinary wear sprinkler systems, walls, floors and tearceilings, and shallall other repairs, at Tenant’s expensereplacements, make all repairs renewals and replacements as may be 58 necessary in order to keep and maintain said improvements in such orderrestorations, condition and repair, including 59 structural and non-structural and interior and exterior repairs exterior, ordinary and replacementsextraordinary, foreseen and unforeseen, 60 ordinary and extraordinaryall other work performed by or on behalf of Tenant pursuant to the exhibits attached hereto or Articles V and VI hereof or otherwise in accordance with the provisions of this Lease.
(b) Tenant shall keep and maintain the leased premises in a clean, sanitary and regardless safe condition in accordance with the laws of the time remaining to the expiration of the term hereby 61 granted. All such repairs State and replacements shall be of good quality sufficient for the proper maintenance 62 and operation of the Premises and shall be constructed and installed in compliance accordance with all applicable 63 laws and all directions, rules and regulations of the health officer, fire marshalmarshall, building inspector inspector, or other 64 proper officials of the governmental goverxxxxxxx agencies having jurisdiction, and Tenant shall comply with all 65 requirements of law, ordinances and otherwise otherwise, affecting the leased premises, all at the sole cost and insurance requirements. Xxxxxx also agrees to comply 66 with requirements expense of any insurance underwriters, inspection bureaus or a similar agency designated by 1 Landlord with respect to the PremisesTenant. At the end time of the Termexpiration or sooner termination of the tenancy created herein, Xxxxxx Tenant shall surrender the Premises leased premises in 2 good order, condition, condition and repair, reasonable wear and tear excepted. Tenant, at its own expense, shall 3 install and maintain such fire extinguishers and other fire protection devices as may be required from time 4 to time by any agency having jurisdiction thereof or by the insurance underwriter insuring the building in 5 which the Premises are located. 7 .
(bc) Tenant shall keep the Premises leased premises and all other parts of the Park/Plaza Development entertainment and retail center free 8 from any and all liens arising out of any work performed, materials furnished, furnished or obligations incurred by 9 or on behalf of for Tenant. Within twenty , and agrees to bond against or discharge any such lien (20including, without limitation, any construction, mechanic's or materialman's lien) within ten (10) days after written request therefor by Landlord. Tenant shall give Landlord at least fifteen (15) days' notice prior to commencing or causing to be commenced any work on the leased premises (whether prior or subsequent to the commencement of the lease term), so that Landlord shall have reasonable opportunity to file and post notices of non-responsibility for Tenant's work. In addition, prior to commencing or causing to be commenced any work on the leased premises, Tenant shallshall file a Notice of Commencement (or other similar instrument limiting lien rights related to Tenant's Work) as provided by applicable statutory provisions and shall deliver a copy of such Notice of Commencement (or similar instrument) to Landlord. Tenant shall reimburse Landlord for any and all costs and expenses which may be incurred by Landlord by reason of the filing of any such liens and/or the removal of same, such reimbursement to be made within ten (10) days after written notice from Landlord to Tenant setting forth the amount of such costs and expenses.
(d) Tenant, at its own expense, shall install and maintain fire extinguishers, other fire protection devices as may be required from time to time by any agency having jurisdiction thereof. Should Landlord's insurance carrier require that Tenant's fire protection system be modified, Tenant shall make such modification at its sole expense within thirty (30) days after notice in writing by Landlord. Failure of Tenant to do so shall entitle Landlord to enter the leased premises and make such modification at the expense of Tenant. Tenant shall pay all charges billed by Landlord within ten (10) days after invoice. Tenant shall also be liable for any additional insurance premiums assessed to Landlord relating to the leased premises.
(1) Tenant agrees to operate its heating and its ventilating and air conditioning system(s) serving the leased premises during regular Development business hours so as to maintain comfort conditions. Temperatures in the leased premises shall be compatible with temperatures in the mall. Tenant's installation of its heating and ventilating and air conditioning system shall be as set forth in Exhibit B, attached hereto and made a part hereof Tenant shall be fully obligated for its maintenance and repair. Tenant shall not drain heat or ventilation or air conditioning from the mall into the leased premises and Tenant shall at all times maintain adequate temperatures within the leased premises to prevent any such drainage; likewise, Tenant shall not discharge air from the leased premises into the mall or other interior areas. Landlord shall not be obligated to Tenant for any damages or cost or expense resulting, directly or indirectly, from any failure or malfunction of any air conditioning supply system or condenser water system serving the Development or any component parts of any such system.
(2) To the extent the leased premises shall be serviced by a central air conditioning or condenser water system, Tenant's obligation for connecting to, and all charges for, the central system, as well as Tenant's installation, operation and maintenance of its heating and ventilating and air conditioning portion of the system shall be as set forth in Exhibit B (and any separate exhibit relating to such central system) attached hereto and made a part hereof. Landlord shall not be obligated to Tenant for any damages or cost or expense resulting, directly or indirectly, from any failure or malfunction of the central air conditioning supply system (or central condenser water system, as applicable) or any component parts thereof. Tenants approved by Landlord for the installation of a separate heating, ventilating and air conditioning system, serving the leased premises, shall construct the same in accordance with Landlord's criteria. If Tenant shall install such a system, Tenant shall be fully obligated for its maintenance and repair.
(f) Tenant expressly waives all rights to make repairs at the expense of Landlord as provided for in any statute or law in effect during the term of this Lease.
(g) In the event that Tenant fails, refuses or neglects to commence and complete repairs promptly and adequately, to remove any lien, to pay any cost or expense, to reimburse Landlord, or otherwise to perform any act or fulfill any obligation required of Tenant pursuant to this Section 10.2, Landlord may, but shall not be required to, make or complete any such repairs, remove such lien (without inquiring into the validity thereof), pay such cost or perform such act or the like without prior notice to, but at the sole cost and expense of, Tenant, and Tenant shall reimburse Landlord for all costs and expenses of Landlord thereby incurred within ten (10) days after receipt by Tenant from Landlord of a statement setting forth the amount of such costs and expenses. The failure by Tenant so to make repairs, to remove any lien, to pay any such cost or expense, or to so reimburse Landlord (in the case of reimbursement, within such ten-day period) shall constitute a default by Tenant under this Lease and shall carry with it the same consequences as failure to pay any installment of rent. Landlord's rights and remedies pursuant to this subsection (g) shall be in addition to any and all other rights and remedies provided under this Lease or at law.
Appears in 1 contract
Samples: Lease (Hart Industries Inc)
TENANT'S OBLIGATIONS FOR MAINTENANCE. Subject to all other terms and provisions (a) Except as provided in Section 10.01 of this Lease, Tenant shall, at its sole cost and 52 expense, shall keep and maintain the Premises, including without limitation, the roof, foundation, HVAC 53 systems, utility lines and systems exclusively serving the Premises wherever located, and building 54 equipment, together with any and all alterations, additions and improvements therein or thereto 55 permissible under this Lease, in good order, condition and repair consistent with (including replacement of parts and equipment if necessary) the prevailing practices in 56 retail operations leased premises and every part thereof and any and all fixtures, and equipment therein or thereon, and any appurtenances thereto, wherever located, including, but without limitation, the exterior and interior portion of all doors, door frames, door checks, windows, window frames, plate glass, storefronts, all plumbing and sewage facilities exclusively serving the leased premises including free flow up to the main sewer line, fixtures. heating and air conditioning systems and electrical systems and sprinkler systems exclusively serving the leased premises (located in the same proximate geographical area as the Park/Plaza Developmentleased premises), except for 57 ordinary wear walls, -------- floors and tearceilings, signs, and shallall other repairs, at Tenant’s expensereplacements, make all repairs renewals and replacements as may be 58 necessary in order to keep and maintain said improvements in such orderrestorations, condition and repair, including 59 structural and non-structural and interior and exterior repairs exterior, ordinary and replacementsextraordinary, foreseen and unforeseen, 60 ordinary structural and extraordinarynonstructural, and regardless all other work performed by or on behalf of Tenant pursuant to Exhibit "C" and Articles 6 or 9 hereof SEE ATTACHED RIDER FOR INSERTS
(b) Tenant shall keep and maintain the leased premises in a clean, sanitary and safe condition in accordance with the laws of the time remaining to the expiration of the term hereby 61 granted. All such repairs State and replacements shall be of good quality sufficient for the proper maintenance 62 and operation of the Premises and shall be constructed and installed in compliance accordance with all applicable 63 laws and all directions, rules and regulations of the health officer, fire marshalxxxxxxxx, building inspector inspector, or other 64 proper officials of the governmental agencies having jurisdiction, at the sole cost and expense of Tenant, and Tenant shall comply with all 65 requirements of law, ordinances ordinance and otherwise otherwise, affecting the leased premises. If Tenant refuses or neglects to commence and insurance requirements. Xxxxxx also agrees to comply 66 with requirements of any insurance underwriterscomplete repairs promptly and adequately, inspection bureaus or a similar agency designated by 1 Landlord with respect may, but shall not be required to do so, make and complete said repairs, and Tenant shall pay the Premisescost thereof to Landlord upon demand. At the end time of the Termexpiration of the tenancy herein, Xxxxxx Tenant shall surrender the Premises leased premises in 2 good order, condition, and repair, reasonable wear and tear excepted.
(c) Tenant shall keep the leased premises and all other parts of the regional development free from any and all liens arising out of any work performed, materials furnished or obligations incurred by, or from, Tenant. Prior to commencing or causing to be commenced any work on the leased premises, Tenant shall file a Notice of Commencement (or other similar instrument limiting lien rights related to Tenant's Work) as provided by applicable law and shall deliver a copy thereof to Landlord. In the event that any construction, mechanic's, materialman's or other lien or any notice of claim (herein "lien") is filed against the leased premises or the regional development as a result of any work, labor, services or materials performed or furnished, or alleged to have been performed or furnished to Tenant or to anyone holding the leased premises through or under Tenant, Tenant, at its expense, shall cause the lien to be discharged or fully bonded to the satisfaction of Landlord within ten (10) days after written request therefor. If Tenant fails to discharge or bond against said mechanic's, materialman's or other lien. Landlord may, in addition to any other remedies Landlord may have, but without obligation to do so, bond against or pay the lien without inquiring in to the validity or merits of such lien and all sums so advanced, including reasonable attorneys' fees incurred by Landlord in defending against such lien, procuring the bond or in the discharge of such lien, shall be paid by Tenant on demand as additional rent. Tenant shall reimburse Landlord for any costs and expenses which may be incurred by Landlord by reason of the Filing of any such liens and/or the removal of same and/or any court action in connection therewith, such reimbursement to be made within ten (10) days after receipt by Tenant from Landlord of a statement setting forth the amount of such costs and expenses. The failure of Tenant to pay any such amount to Landlord within said ten (10) day period shall carry with it the same consequences as failure to pay rent. In addition, Tenant shall replace any bonds posted by Landlord pursuant hereto with a suitable bond of equivalent amount within seven (7) days after Landlord's demand therefor. Tenant shall give Landlord at least _______ notice prior to commencing or causing to be commenced any work in the leased premises (whether prior to or subsequent to the commencement of the lease term), so that Landlord shall have reasonable opportunity to file and post notices of non-responsibility for Tenant's Work. SEE ATTACHED RIDER FOR INSERTS
(d) Tenant, at its own expense, shall 3 install and maintain such fire extinguishers and other fire protection devices as may be required from time 4 to time by any agency having jurisdiction thereof or by and the insurance underwriter underwriters insuring the building in 5 which the Premises leased premises are located. 7 .
(be) Tenant shall keep agrees to operate its heating and air conditioning units serving the Premises leased premises so as to adequately heat and all other parts cool the same, as the case may be, during the regular business hours of the Park/Plaza Development free 8 Shopping Center and to maintain temperatures in the leased premises consistent with the temperatures in the enclosed mall so as not to cause any decrease or increase in the temperature in the enclosed mall when the same is being heated or cooled, as the case may be. Tenant agrees to purchase and maintain throughout the term of this Lease a maintenance and service contract from any a Landlord approved qualified service contractor to inspect, adjust, clean and repair all liens arising out of any work performed, materials furnished, or obligations incurred by 9 or on behalf of Tenant's heating, ventilating and air conditioning equipment, including changing filters. Within twenty Heating, ventilating and air conditioning units shall be set for continuous fan operation during the regular business hours of the Shopping Center and such unit dampers shall be adjusted to a minimum ten percent (2010%) days after written request therefor by Landlordoutside air setting. If Tenant's use of the leased premises results in special exhaust requirements, Tenant shallshall have the exhaust fans interlocked with the make-up air units.
(f) If Tenant fails, refuses or neglects to properly maintain the leased premises or to commence or complete any of the repairs or replacements required to be made by Tenant hereunder promptly and adequately, Landlord may. in addition to any other remedy Landlord may have, but shall not be required to, make or complete said maintenance, repairs or replacements and Tenant shall pay the cost and expense thereof, plus a charge of fifteen percent (15%) thereof, to Landlord upon demand as additional rent.
(g) Tenant expressly waives all rights to make repairs at the expense of Landlord as provided for in any statute or law in effect during the term of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Cinema Ride Inc)
TENANT'S OBLIGATIONS FOR MAINTENANCE. Subject to all other terms and provisions (a) Except as provided in Section 10.01 of this Lease, Tenant shallTenant, at its sole cost and 52 Tenant's expense, shall keep and maintain in first-class appearance, in a condition at least equal to that which existed when Tenant initially opened the Premisesleased premises for business, including without limitation, the roof, foundation, HVAC 53 systems, utility lines and systems exclusively serving the Premises wherever locatedsome reasonable wear excepted, and building 54 equipment, together with any and all alterations, additions and improvements therein or thereto 55 permissible under this Lease, in good order, condition and repair consistent with as determined by Landlord (including replacement of parts and equipment, if necessary) the prevailing practices in 56 retail operations leased premises and every part thereof and any and all appurtenances thereto wherever located, including, but without limitation, the interior surfaces of the exterior walls, the exterior and interior portion of all doors, door frames, door checks, other entrances, windows, window frames, plate glass, storefronts, all plumbing and sewage facilities within the leased premises, including free flow up to the main sewer line, fixtures, ventilation, heating and air conditioning and electrical systems exclusively serving the leased premises (whether or not located in the same proximate geographical area as the Park/Plaza Developmentleased premises), except for 57 ordinary wear sprinkler systems, walls, floors and tearceilings, and shallall other repairs, at Tenant’s expensereplacements, make all repairs renewals and replacements as may be 58 necessary in order to keep and maintain said improvements in such orderrestorations, condition and repair, including 59 structural and non-structural and interior and exterior repairs exterior, ordinary and replacementsextraordinary, foreseen and unforeseen, 60 ordinary and extraordinaryall other work performed by or on behalf of Tenant pursuant to the exhibits attached hereto or Articles V or VI hereof or otherwise in accordance with the provisions of this Lease. Tenant shall remodel the leased premises as required in Exhibit B.
(b) Tenant shall keep and maintain the leased premises in a clean, sanitary and regardless safe condition in accordance with the laws of the time remaining to the expiration of the term hereby 61 granted. All such repairs State and replacements shall be of good quality sufficient for the proper maintenance 62 and operation of the Premises and shall be constructed and installed in compliance accordance with all applicable 63 laws and all directions, rules and regulations of the health officer, fire marshalxxxxxxxx, building inspector inspector, or other 64 proper officials of the governmental agencies having jurisdiction, and Tenant shall comply with all 65 requirements of law, ordinances and otherwise otherwise, affecting the leased premises, all at the sole cost and insurance requirements. Xxxxxx also agrees to comply 66 with requirements expense of any insurance underwriters, inspection bureaus or a similar agency designated by 1 Landlord with respect to the PremisesTenant. At the end time of t le expiration or sooner termination of the Termtenancy created herein, Xxxxxx Tenant shall surrender the Premises leased premises in 2 good order, condition, condition and repair, reasonable ordinary wear and tear excepted. Tenant, at its own expense, shall 3 install and maintain such fire extinguishers and other fire protection devices as may be required from time 4 to time by any agency having jurisdiction thereof or by the insurance underwriter insuring the building in 5 which the Premises are located. 7 .
(bc) Tenant shall keep the Premises leased premises and all other parts of the Park/Plaza Development regional retail development free 8 from any and all liens arising out of any work performed, materials furnished, furnished or obligations incurred by 9 or on behalf of for Tenant. Within , and agrees to bond against or discharge any such lien (including, without limitation, any construction, mechanic's or materialman's lien) within twenty (20) days after written request therefor by Landlord. Tenant shall give Landlord at least fifteen (15) days' notice (except in an emergency, or when repairs are required to be made promptly, in which event Tenant shall provide Landlord with such prior written notice as is practicable) prior to commencing or causing to be commenced any work on the leased premises the cost of which shall exceed Five Thousand and 00/100ths Dollars ($5,000.00) (whether prior or subsequent to the commencement of the lease term), so that Landlord shall have reasonable opportunity to file and post notices of non-responsibility for Tenant's work. In addition, prior to commencing or causing to be commenced any work on the leased premises, Tenant shallshall file a Notice of Commencement (or other similar instrument limiting lien rights related to Tenant's Work) as provided by applicable statutory provisions and shall deliver a copy of such Notice of Commencement (or similar instrument) to Landlord. Tenant shall reimburse Landlord for any and all costs and expenses which may be incurred by Landlord by reason of the filing of any such liens and/or the removal of same, such reimbursement to be made within fifteen (15) days after written notice from Landlord to Tenant setting forth the amount of such costs and expenses.
(d) Tenant, at its own expense, shall install and maintain fire extinguishers, other fire protection devices as may be required from time to time by any agency having jurisdiction thereof. Should Landlord's insurance carrier require that Tenant's fire protection system be modified, Tenant shall commence making such modification at its sole expense within thirty (30) days after notice in writing by Landlord and complete the same within sixty (60) days after such notice from Landlord. Failure of Tenant to do so shall entitle Landlord to enter the leased premises and make such modification at the expense of Tenant. Tenant shall pay all charges billed by Landlord within fifteen (15) days after invoice. Tenant shall also be liable for any additional insurance premiums assessed to Landlord relating to the leased premises.
(1) Tenant agrees to operate its heating and its ventilating and air conditioning system(s) serving the leased premises during regular Shopping Center business hours so as to maintain comfort conditions. Temperatures in the leased premises shall be compatible with temperatures in the enclosed Mall. Tenant's installation of its heating and ventilating and air conditioning system shall be as set forth in Exhibit B, attached hereto and made a part hereof. Tenant shall be fully obligated for its maintenance and repair. Tenant shall not drain heat or ventilation or air conditioning from the enclosed Mall into the leased premises and Tenant shall at all times maintain adequate temperatures within the leased premises to prevent any such drainage; likewise, Tenant shall not discharge air from the leased premises into the enclosed Mall or other interior areas. Landlord shall not be obligated to Tenant for any damages or cost or expense resulting, directly or indirectly, from any failure or malfunction of any air conditioning supply system or condenser water system serving the Shopping Center or any component parts of any such system.
(2) To the extent the leased premises shall be serviced by a central air conditioning or condenser water system, Tenant's obligation for connecting to, and all charges for, the central system, as well as Tenant's installation, operation and maintenance of its heating and ventilating and air conditioning portion of the system shall be as set forth in Exhibit B (and any separate exhibit relating to such central system) attached hereto and made a part hereof. Landlord shall not be obligated to Tenant for any damages or cost or expense resulting, directly or indirectly, from any failure or malfunction of the central air conditioning supply system (or central condenser water system, as applicable) or any component parts thereof. Tenants approved by Landlord for the installation of a separate heating, ventilating and air conditioning system, serving the leased premises, shall construct the same in accordance with Landlord's criteria. If Tenant shall install such a system, Tenant shall be fully obligated for its maintenance and repair.
Appears in 1 contract
TENANT'S OBLIGATIONS FOR MAINTENANCE. Subject to all other terms and provisions of this Lease(a) Except as provided in Section 10.1 above, Tenant shall, at its sole cost and 52 expense, shall keep and maintain the Premises, including without limitation, the roof, foundation, HVAC 53 systems, utility lines and systems exclusively serving the Premises wherever located, and building 54 equipment, together with any and all alterations, additions and improvements therein or thereto 55 permissible under this Lease, in good order, condition and repair consistent with (including replacement parts and equipment if necessary) the prevailing practices in 56 retail operations Premises and every part thereof and any and all appurtenances thereto wherever located, including, but without limitation, the exterior and interior portion of all doors, door checks, windows, plate glass store front, all electrical plumbing and sewage facilities within the Premises, including free flow up to the main sewer line, fixtures, heating and air conditioning and electrical systems (whether or not located in the same proximate geographical area as the Park/Plaza DevelopmentPremises), except sprinkler system, walls, floors and ceilings. The plumbing and sewage facilities shall not be used for 57 ordinary wear and tearany other purpose than for which they are constructed, and shallno foreign substance of any kind shall be introduced therein. Tenant hereby agrees to be responsible for any expenses incurred in connection with any breakage, at stoppage or damage, resulting from a violation of this provision by Tenant’s expense, make all repairs and replacements as may be 58 necessary in order to its agents, employees, invitees, licensees or contractors.
(b) Tenant shall keep and maintain said improvements the Premises in such ordera clean, sanitary and safe condition and repair, including 59 structural and non-structural and interior and exterior repairs and replacements, foreseen and unforeseen, 60 ordinary and extraordinary, and regardless in accordance with the laws of the time remaining to the expiration State of the term hereby 61 granted. All such repairs Florida and replacements shall be of good quality sufficient for the proper maintenance 62 and operation of the Premises and shall be constructed and installed in compliance accordance with all applicable 63 laws and all directions, rules and regulations of the health officer, fire marshalmarshall, building inspector inspector, or other 64 proper officials of the governmental goverxxxxxxx agencies having jurisdiction, at the sole cost and expense of Tenant, and Tenant shall comply with all 65 requirements of law, ordinances ordinance and otherwise and insurance requirements. Xxxxxx also agrees to comply 66 with requirements of any insurance underwritersotherwise, inspection bureaus or a similar agency designated by 1 Landlord with respect to affecting the Premises. At If Tenant refuses or neglects to commence or complete repairs required by subparagraphs (a) and (b) hereof promptly and adequately, Landlord may, without notice and without having any obligation to do so, make all or any part of said repairs and Tenant shall pay the end cost thereof to Landlord upon demand, as Additional Rent. Tenant covenants to give Landlord prompt written notice of any accident, fire or damage occurring on or to the Premises or to any defects therein or in any fixtures or equipment. Neither Landlord nor Landlord's agents or servants shall be liable for any damages caused by or growing out of any breakage, leakage, or defective condition of the Termelectric wiring, Xxxxxx air conditioning or heating pipes and equipment, closets, plumbing, appliances, sprinklers, other equipment, or other facilities, serving the Premises. Neither Landlord nor Landlord's agents or servants shall surrender be liable for any damages caused by, or growing out of any defect in the Premises in 2 good orderor any part thereof for fire, conditionrain, and repair, reasonable wear and tear excepted. wind or other cause.
(c) Tenant, at its own expense, shall 3 install and maintain such fire extinguishers and other fire protection devices as may be required from time 4 to time by any agency having jurisdiction thereof or by and the insurance underwriter underwriters insuring the building in 5 which the Premises are located. 7 .
(bd) Tenant shall keep the Premises and Landlord, at its option, may obtain an air conditioning maintenance agreement servicing all other parts or part of the Park/Plaza Development free 8 from any Shopping Center, and all liens arising out in such event, the cost of any work performedsaid agreement shall be borne proportionately among the tenants of the Shopping Center, materials furnished, or obligations incurred by 9 or on behalf as part of Tenant. Within twenty (20) days after written request therefor by Landlord, Tenant shallthe Shared Expenses.
Appears in 1 contract
