Tenant’s Obligations. Except for those portions of the Premises which shall be maintained, repaired and replaced by the Landlord as provided in Section 10.2 and elsewhere in this Lease, Tenant shall, at all times during the Term of this Lease, at its sole cost and expense, keep, clean, maintain, repair and replace all interior, non-structural portions of the Premises, including, without limitation, all exterior and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coverings, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving the Premises (on which Tenant shall maintain a service and maintenance contract for regular service inspection, and emergency and extraordinary repair of the air conditioning unit(s) on the Premises), and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any governmental authority having jurisdiction over the Premises.
Appears in 1 contract
Tenant’s Obligations. Except for those portions Subject to Landlord's obligations as set forth in Section 8.5 below, Tenant agrees, at Tenant's sole cost and expense, to take good care of the Premises which shall be maintainedPremises, repaired including the Improvements, and replaced by keep same and all parts thereof, including without limitation, the Landlord as provided entire exterior and interior, the roof, foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment, overhead cranes, and appurtenances thereto together with any and all alterations and additions thereto, in Section 10.2 good order, condition and elsewhere in this Leaserepair, suffering no waste or injury. Tenant shall, at all times during the Term of this Lease, at its sole cost and expense, keeppromptly make all necessary repairs and replacements, cleanstructural or otherwise, maintainordinary as well as extraordinary, repair foreseen as well as unforeseen, in and replace all interior, non-structural portions of to any Improvements or equipment now or hereafter located upon the PremisesLand, including, without limitation, all the entire interior and exterior of the Improvements, the roof, the foundations, sidewalks, parking areas, railroad tracks, water, sewer, gas and interior windows (includingelectricity connections, without limitationpipes, plate glass windows), doors and entrances, floor coverings, mains and all exterior and interior signs and all interior walls, partitions, other fixtures, equipmentmachinery, systems apparatus, equipment and other appurtenancesappurtenances now or hereafter belonging to, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems connected with or used in or serving the Premises (on which Tenant shall maintain a service and maintenance contract for regular service inspection, and emergency and extraordinary repair of the air conditioning unit(s) on conjunction with the Premises), and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for All such repairs and replacements shall occur, be of first-class quality and sufficient for the proper maintenance and operation of the Premises. Tenant shall use all reasonable precautions to prevent waste, damage or injury to keep and maintain the Premises, except for including the Improvements and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. Tenant shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part, or prevent the procurement of any repairs insurance policies which may, at any time, be required under the provisions of this Lease. Tenant shall not obstruct or replacements that are necessitated by permit the negligence obstruction of any parking area, adjoining street or misconduct of Landlord or anyone claiming by, through or under Landlordsidewalk. In connection with No less than one (1) time in any maintenance, repairs or replacements conducted by, through or under Tenantcalendar year, Tenant shall cause a roof inspection to be performed by a contractor reasonably acceptable to Landlord. Tenant shall deliver a copy of the report with respect to such inspection to Landlord and shall comply with all applicable federalthe recommendations contained therein. No more often than one (1) time in any calendar year, stateLandlord shall pay to Tenant an amount equal to the lesser of (i) actual expenses incurred by Tenant in connection with Tenant's maintenance, county and local laws and ordinances repair or replacement of the roof (including, without limitation, including the ADA), and all rules and regulations costs of any governmental authority having jurisdiction over roof inspection) except to the Premisesextent required by any alteration Tenant has made to the roof, or (ii) $369.00 ("Landlord's Roof Contribution"). Landlord shall pay Landlord's Roof Contribution to Tenant within fifteen (15) days after receipt of a request from Tenant, which request shall be accompanied by invoices for work performed and other evidence of the amount expended by Tenant as reasonably requested by Landlord.
Appears in 1 contract
Samples: Industrial Building Lease (Nanophase Technologies Corporation)
Tenant’s Obligations. Except for those portions of the Premises which shall be maintained, repaired and replaced by the Landlord as expressly provided in Section 10.2 and elsewhere in this LeaseParagraph 5.1(b), Tenant shall, at all times during the Lease Term and at its sole cost and expense, regularly clean and continuously keep and maintain in good order, condition and repair the Leased Premises and every part thereof including, without limiting the generality of this Leasethe foregoing, (i) all interior walls, floors and ceilings, (ii) all windows, doors and skylights, (iii) all electrical wiring, conduits, connectors and fixtures, (iv) all plumbing, pipes, sinks, toilets, faucets and drains, (v) all lighting fixtures, bulbs and lamps and all heating, ventilating and air conditioning equipment, (vi) all entranceways to the Leased Premises, and (vii) all paved areas. Tenant shall, at Tenant’s sole cost and expense, institute an industry standard preventative maintenance program using a qualified and licensed heating, ventilating and air conditioning company which regularly inspects and performs required maintenance on the heating, ventilating and air conditioning equipment and systems serving the Leased Premises. Notwithstanding the foregoing, Tenant shall have no obligation or liability for any roof maintenance or repair based on damage or wear and tear that existed prior to January 1, 2004, except to the extent that any act or omission of Tenant or any Tenant Related Party resulted or results in a violation of the roof warranty in effect as of the Lease Commencement Date. Tenant shall, at all times during the Lease Term, keep in a clean and safe condition the Outside Areas. As needed, Tenant shall sweep and clean the driveways and parking areas. Tenant shall, at its sole cost and expense, keeprepair all damage to the Leased Premises caused by the activities of Tenant, cleanits employees, maintain, invitees or contractors promptly following written notice from Landlord to so repair and replace all interior, non-structural portions of the Premises, including, without limitation, all exterior and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coverings, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving the Premises (on which such damages. If Tenant shall maintain fail to perform the required maintenance or fail to make repairs required of it pursuant to this paragraph within a service reasonable period of time following notice from Landlord to do so, then Landlord may, at its election and maintenance contract for regular service inspectionwithout waiving any other remedy it may otherwise have under this
(a) require that Tenant make a repair, replacement or expenditure whose benefit extends beyond the Lease Term and emergency and extraordinary repair which is deemed a capital improvement in accordance with generally accepted accounting principles, then Landlord shall pay the cost thereof; however, such cost shall be amortized by Landlord, on a straight-line basis, over the useful life of the air conditioning unit(s) on the Premisessuch item, utilizing an interest rate of zero percent (0%), and the interior fire sprinkler system monthly amortized cost of such any item so amortized shall be included in the Premises, in good, clean, sanitary Property Maintenance Costs and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, charged to Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any governmental authority having jurisdiction over the Premisesas Additional Rent.
Appears in 1 contract
Samples: Lease Agreement (Lsi Logic Corp)
Tenant’s Obligations. Except for those portions Landlord's obligations set forth in Paragraph 7.3, Tenant shall be solely responsible for all repair and maintenance of the Premises which shall be maintained, repaired and replaced by Premises. Without limiting the Landlord as provided in Section 10.2 and elsewhere in this Lease, Tenant shallgenerality of the foregoing, at all times during the Term of this Lease, at its Tenant's sole cost and expense, keepTenant shall (i) maintain the Premises and the sidewalks in front of the Premises in good condition, (ii) regularly clean the Premises and clean, maintainsweep and keep clear of ice and snow the sidewalks in front of the Premises and deposit all waste and trash from the Premises and the sidewalks in front of the Premises into trash containers or a trash area designated by Landlord, and (iii) maintain and repair the Premises and replace all interior, non-structural portions the sidewalks in front of the Premises, including, without limitationbut not limited to, all exterior and the interior windows (includingwalls of the Premises, without limitation, plate glass windows), doors and entrances, floor coverings, and all exterior and interior signs and all interior walls, partitionsTenant's personal property, fixtures, equipmentsigns, windows, mirrors, doors, the interior ceiling, the floor coverings and all lighting, electrical, plumbing and heating, ventilation and air-conditioning systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or exclusively serving the Premises (on which Tenant shall maintain a service Premises. Pursuant and subject to Paragraph 7.2, Landlord may, at Landlorx'x xxxxxx, xxxxxxx xxx work of maintenance and repair constituting Tenant's obligations hereunder, at Tenant's sole cost and expense. Any work of repair and maintenance contract performed for regular service inspection, and emergency and extraordinary repair of the air conditioning unit(s) on the Premises), and the interior fire sprinkler system Tenant by persons other than Landlord shall be performed by contractors approved in the Premiseswriting by Landlord, in good, clean, sanitary accordance with a repair and safe order, condition maintenance plan approved by Landlord and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply in compliance with all applicable federal, state, county state and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any governmental authority having jurisdiction over thereof and shall comply with the Premisesstandards of quality at least equal to those immediately prior thereto.
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Tenant’s Obligations. Except for those portions as set forth in Section 8.1B below, Tenant agrees, at Tenant's sole cost and expense, to take good care of the Premises which shall be maintainedPremises, repaired including the Improvements, and replaced by keep same and all parts thereof, including without limitation, the Landlord entire exterior and interior, the roof, foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment, overhead cranes, and appurtenances thereto together with any and all alterations and additions thereto, in good order, condition and repair, suffering no waste or injury. Except as provided set forth in Section 10.2 and elsewhere in this Lease8.1B below, Tenant shall, at all times during the Term of this Lease, at its sole cost and expense, keeppromptly make all necessary repairs and replacements, cleanstructural or otherwise, maintainordinary as well as extraordinary, repair foreseen as well as unforeseen, in and replace all interior, non-structural portions of to any Improvements or equipment now or hereafter located upon the PremisesLand, including, without limitation, all the entire interior and exterior of the Improvements, the roof, the foundations, sidewalks, parking areas, railroad tracks, water, sewer, gas and interior windows (includingelectricity connections, without limitationpipes, plate glass windows), doors and entrances, floor coverings, mains and all exterior and interior signs and all interior walls, partitions, other fixtures, equipmentmachinery, systems apparatus, equipment and other appurtenancesappurtenances now or hereafter belonging to, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems connected with or used in or serving the Premises (on which Tenant shall maintain a service and maintenance contract for regular service inspection, and emergency and extraordinary repair of the air conditioning unit(s) on conjunction with the Premises), and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for All such repairs and replacements shall occur, be of first-class quality and sufficient for the proper maintenance and operation of the Premises. Tenant shall use all reasonable precautions to prevent waste, damage or injury to keep and maintain the Premises, except for any repairs or replacements that are necessitated including the Improvements and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by the negligence or misconduct way of Landlord or anyone claiming bylimitation, through or under Landlordsnow and ice clearance, landscaping and removal of waste and refuse matter. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with not permit anything to be done upon the Premises (and shall perform all applicable federalmaintenance and repairs thereto so as not) to invalidate, statein whole or in part, county and local laws and ordinances (including, without limitation, or prevent the ADA), and all rules and regulations procurement of any governmental authority having jurisdiction over insurance policies which may, at any time, be required under the Premisesprovisions of this Lease. Tenant shall not obstruct or permit the obstruction of any parking area, adjoining street or sidewalk.
Appears in 1 contract
Samples: Industrial Building Lease (Specialty Equipment Companies Inc)
Tenant’s Obligations. Except Tenant agrees to-
4.1 Lease the Premises for those portions the entire Term beginning on the Commencement Date and ending on the Termination Date, subject to an extended term as provided herein.
4.2 Accept the Premises in their present condition "AS IS," the Premises being currently suitable for the Permitted Use.
4.3 Obey (i) all applicable laws relating to the use, condition, and occupancy of the Premises which and Building; (ii) any requirements imposed by utility companies serving or insurance companies covering the Premises or Building; and (iii) any rules and regulations for the Building (s) and its premises that may be reasonably adopted by Landlord.
4.4 Pay monthly, in advance, on the first day of the month, the Base Rent to Landlord at Landlord's Address.
4.5 Pay a late charge of $200.00 of any Rent not received by Landlord by the fifth (5th) day after it is due.
4.6 Reimburse Landlord within thirty (30) days of receipt, for all real property taxes and insurance paid on the Premises.
(a) Notwithstanding any term or provision herein contained to the contrary, Tenant shall be maintainedliable for and shall pay, repaired before delinquent, all taxes levied or assessed against or for leasehold improvements to the Premises, fixtures, lighting fixtures, merchandise, equipment, interior partitions, heating, cooling or ventilating equipment located within or for only the Premises, any interior improvement or other property situated or installed in or upon the Premises, whether or not affixed to the Premises, and replaced any such tax attributable to the Premises or improvements by or for the Landlord as provided in Section 10.2 and elsewhere in this Lease, benefit of Tenant shall, at all times during the Term of this Lease, at its sole cost and expense, keep, clean, maintain, repair and replace all interior, non-structural portions of upon the Premises, including, without limitationbut not limited to, the building itself. In the event that the taxing authority shall at any time during the term of this Lease assess any of the above-described property against the Premises, the taxes thus assessed shall be paid by Tenant to Landlord or the taxing authority with a copy to Landlord no later than twenty (20) calendar days prior to their due date to the taxing authority.
4.7 Obtain and pay for all exterior and interior windows (includingutility services of whatever kind, without limitationincluding but not limited to, plate glass windows)water, doors and entrancesgas, floor coveringselectricity, and all exterior refuse services used by Tenant.
4.8 Submit to Landlord, a request for any modifications or improvements to the Premises.
4.9 Allow Landlord to enter the Premises to perform Landlord's obligations, inspect the Premises, and interior signs show the Premises to prospective purchasers or tenants.
4.10 Repair, replace, and maintain any and all interior wallsparts of the building(s) and its Premises that Landlord is not obligated to repair, partitionsreplace, fixturesor maintain, equipmentreasonable wear excepted.
4.11 Keep the sidewalks, systems service ways, and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving loading areas adjacent to the Premises (on which Tenant shall maintain a service clean and unobstructed.
4.12 Submit in writing to Landlord any request for repairs, replacement, and maintenance contract for regular service inspectionthat are the obligations of Landlord.
4.13 [Reserved]
4.14 Vacate the Premises and return all keys to the Premises on the last day of the Term.
4.15 Pay all costs caused by Tenant's introduction of materials into the sanitary sewer system, and emergency indemnify Landlord from any liability as to Tenant’s violation of any local, state or federal law as to disposal of materials.
4.16 If applicable for Tenant’s purposes, install and extraordinary repair maintain any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps, or other devices required by law or any change in law, for the Permitted Use of the air conditioning unit(ssanitary sewer system.
4.17 Following ten (10) business days prior written request, execute an estoppel certificate that states the Commencement Date and Termination Date of the lease, identifies any amendments to the lease, describes any rights to extend the Term or purchase rights, lists defaults by Landlord, and provides, to Tenant’s actual knowledge, any other information reasonably requested.
4.18 INDEMNIFY, DEFEND, AND HOLD LANDLORD HARMLESS FROM ANY INJURY (AND ANY RESULTING OR RELATED CLAIM, ACTION, LOSS, LIABILITY, OR REASONABLE EXPENSE, INCLUDING ATTORNEY'S FEES AND OTHER FEES AND COURT AND OTHER COSTS) OCCURRING IN ANY PORTION OF THE PREMISES. THE INDEMNITY CONTAINED IN THIS PARAGRAPH (i) IS SUBJECT TO THE WAIVER OF SUBROGATION CONTAINED IN SECTION 6.4 HEREIN, (ii) WILL NOT BE LIMITED BY COMPARATIVE NEGLIGENCE STATUTES OR DAMAGES PAID UNDER THE WORKERS' COMPENSATION ACT OR SIMILAR EMPLOYEE BENEFIT ACTS, (iii) WILL SURVIVE THE END OF THE TERM, AND (iv) WILL APPLY EVEN IF AN INJURY IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OR STRICT LIABILITY OF LANDLORD BUT WILL NOT APPLY TO THE EXTENT AN INJURY IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR THOSE ACTING ON ITS BEHALF.
4.19 Use the Premises for any purpose other than the Permitted Use.
4.20 Create a nuisance.
4.21 Interfere with Landlord's management of the Premises.
4.22 Permit any waste.
4.23 Use the Premises in any way that would increase insurance premiums or void insurance on the Premises).
4.24 Change Landlord's lock or security system without written permission of Landlord.
4.25 Alter the Premises, and without express written permission from Landlord; provided, however, that Tenant may make non-structural alterations to the interior fire sprinkler system Premises in an amount of up to $100,000.00 in any calendar year without Landlord’s written consent.
4.26 Allow a lien to be placed on the Premises.
4.27 Assign this lease or sublease any portion of the Premises without Landlord's written consent. Notwithstanding anything in the Lease to the contrary, Lessee may, without Lessor’s approval, assign this Lease or sublease the Premises, in goodwhole or in part, cleanto any parent, sanitary affiliate, or subsidiary of Lessee, or in connection with a merger or consolidation of Lessee, or to an entity that has purchased all or substantially all of Lessee’s assets. The term “affiliate” means any person or entity directly or indirectly controlling, controlled by, or under common control with Lessee. For purposes hereof, “control” shall be deemed to be ownership of not less than 50% of all of the voting stock of a corporation or not less than 50% of the legal and safe orderequitable interest in any other business entity if Lessee is not a corporation.
4.28 Use the roof on the Premises.
4.29 Place any signs on the Premises without Landlord's written consent, condition and repair, ordinary wear and tear excepted. In furtherance thereof, which will not be unreasonably withheld.
4.30 Tenant shall make not erect or maintain upon the Premises any signs, advertisements or notices unless: (i) such signs, advertisements and notices are installed according to all necessary laws and desirable repairs ordinances of the City of Tyler and replacements of the State of Texas and any applicable restrictive covenants or rules and regulations or design criteria imposed by Landlord upon the Premises; and (ii) Tenant shall have first obtained the written approval of Landlord as to the Premisessize, ordinary design, color and extraordinarylocation of such sign, however the necessity advertisement and notice, such approval not to be unreasonably withheld, conditioned, or desirability delayed. Tenant shall be responsible for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the PremisesPremises resulting from the installation, maintenance and removal of such signs, advertisements and notices.
4.31 Remove any fixtures, except for any repairs or replacements that are necessitated by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any governmental authority having jurisdiction over the Premises’s trade fixtures.
Appears in 1 contract
Tenant’s Obligations. Except for those portions of the Premises which shall be maintained, repaired and replaced by the Landlord as provided in Section 10.2 Paragraphs ---------------------- 6.2(a), 8.2, 15, and elsewhere in this Lease16, Tenant shall, at Tenant's expense, keep in good and safe condition, order and repair the premises and every part thereof, including without limitation, all plumbing, heating, air conditioning, ventilating, fire sprinklers, electrical and lighting facilities, systems, appliances, and equipment within the premises; fixtures, interior walls, interior surfaces of exterior walls, floors, ceilings, windows, doors, entrances, all glass (including plate glass), and skylights located within the premises. Tenant shall, at Tenant's expense, maintain in full force at all times during the Term term of this LeaseLease a heating, ventilating and air conditioning ("HVAC") systems preventive maintenance contract with a qualified service company satisfactory to Landlord covering all HVAC systems servicing the premises, which shall provide for and include without limitation replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes, weather proofing of all exposed HVAC equipment and ducts, and other preventive maintenance; provided, however, that Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in said systems. Said contract shall call for periodic servicing no less than every sixty (60) days. Tenant shall provide for the periodic washing of all such windows at its sole cost least once every ninety (90) days during the Lease term. Tenant shall furnish Landlord with copies of all such service contracts, which shall provide that they may not be cancelled or changed without at least thirty (30) days prior written notice to Landlord. All repairs required to be made by Tenant shall be made promptly with new materials of like kind and expense, keep, clean, maintain, quality. If the repair and replace all interior, non-work affects the structural portions parts of the PremisesBuilding, includingor if the estimate cost of any item of repair exceeds $1,000, without limitation, all exterior and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coverings, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving the Premises (on which then Tenant shall maintain a service and maintenance contract for regular service inspection, and emergency and extraordinary repair first obtain Landlord's written approval of the air conditioning unit(s) on the Premises)scope of work, plans therefor, materials to be used, and the interior fire sprinkler system contractor. Tenant hereby waives the benefit of any statute now or hereinafter in effect which would otherwise afford Tenant the Premisesright to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the premises in good condition, in good, clean, sanitary and safe order, condition order and repair. Tenant specifically waives all rights it may have under Sections 1932(1), ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur1941, and shall use all reasonable precautions to prevent waste, damage or injury to 1942 of the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA)California Civil Code, and all rules and regulations of any governmental authority having jurisdiction over the Premisessimilar or successor statute or law.
Appears in 1 contract
Tenant’s Obligations. Except for those portions of the Premises which shall be maintained, repaired and replaced by the Landlord as provided in Section 10.2 and elsewhere in this Lease, Tenant shall, at all times during the Term of this Lease, at its sole cost and expense, keepmaintain the Premises in good and sanitary condition, clean, maintain, repair and replace shall make all interior, non-structural portions of the Premises, including, without limitation, all exterior and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coverings, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving the Premises (on which Tenant shall maintain a service and maintenance contract for regular service inspection, and emergency and extraordinary repair of the air conditioning unit(s) on the Premises), and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to preserve in good working order and condition all of the fixtures, finishes, additions and other Tenant's Work items, from the point of connection to the Building or to the Building's systems, but excluding those items which are "Building Standard" and provided to Tenant as part of the original Building improvements, which Landlord shall continue to maintain as part of Landlord's obligations under Paragraph A above. Without limiting the foregoing, Tenant's obligations shall extend to and include the following items, and every part thereof: plumbing and plumbing fixtures installed by Tenant within the Premises; special or supplementary heating, ventilating and air conditioning systems installed for the exclusive use of the Premises; non-standard electrical, lighting and other utility systems, facilities and equipment located within the Premises and; all trade fixtures, interior walls, interior surfaces of exterior walls, ceilings, windows, doors, cabinets, draperies, window coverings, carpeting and other floor coverings, plate glass and skylights located within the Premises. Tenant shall not commit or permit any waste in or about the Premises, ordinary the Building or the Project. Tenant shall, at its sole cost and extraordinaryexpense, however the necessity or desirability for make all repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, except Building and Project, including without limitation structural repairs, which are required, in the reasonable opinion of Landlord, as a result of any misuse, neglect, negligent or intentional act or omission committed or permitted by Tenant or by any subtenant, agent, employee, supplier, shipper, customer, invitee or servant of Tenant; provided, however, that if the loss is large enough to justify the filing of an insurance claim by Landlord and Landlord elects to so file such a claim (but without having any obligation to do so), then Landlord will effect such repairs in accordance with the provisions of Section XVIII (Damage and Destruction) below, and Tenant shall reimburse Landlord for any repairs or replacements that are necessitated costs not covered by the negligence or misconduct of Landlord or anyone claiming by, through or under insurance proceeds actually received by Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any governmental authority having jurisdiction over the Premises.
Appears in 1 contract
Tenant’s Obligations. Except for those portions ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of the Premises which shall be maintained, repaired and replaced by the Landlord may constitute "HAZARDOUS MATERIALS" as provided in Section 10.2 and elsewhere defined in this Lease), Tenant shallagrees not to cause or permit any Hazardous Materials to be brought upon, at all times during stored, used, handled, generated, released or disposed of on, in, under or about the Term Premises, the Building, the Common Areas or any other portion of the Project by Tenant, its agents, employees, subtenants, assignees, licensees, contractors or invitees (collectively, "TENANT'S PARTIES"), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Upon the expiration or earlier termination of this Lease, Tenaxx xxxees to promptly remove from the Premises, the Building and the Project, at its sole cost and expense, keepany and all Hazardous Materials, cleanincluding any equipment or systems containing Hazardous Materials which are installed, maintainbrought upon, repair and replace all interiorstored, non-structural portions of used, generated or released upon, in, under or about the Premises, includingthe Building and/or the Project or any portion thereof by Tenant or any of Tenant's Parties. To the fullest extent permitted by law, without limitationTenaxx xxxees to promptly indemnify, protect, defend and hold harmless Landlord and Landlord's partners, officers, directors, employees, agents, successors and assigns (collectively, "LANDLORD INDEMNIFIED PARTIES") from and against any and all exterior claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and interior windows costs (including, without limitation, plate glass windows)clean-up, doors removal, remediation and entrancesrestoration costs, floor coveringssums paid in settlement of claims, attorneys' fees, consultant fees and all exterior expert fees and interior signs and all interior wallscourt costs) which arise or result from the presence of Hazardous Materials on, partitionsin, fixturesunder or about the Premises, equipment, systems and the Building or any other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving the Premises (on which Tenant shall maintain a service and maintenance contract for regular service inspection, and emergency and extraordinary repair portion of the air conditioning unit(s) on the Premises), Project and the interior fire sprinkler system which are caused or permitted by Tenant or any of Tenant's Parties. Tenaxx xxxees to promptly notify Landlord of any release of Hazardous Materials in the Premises, in goodthe Building or any other portion of the Project which Tenant becomes aware of during the Term of this Lease, clean, sanitary and safe order, condition and repair, ordinary wear and tear exceptedwhether caused by Tenant or any other persons or entities. In furtherance thereofthe event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant's Parties, Landlord shall have the right, but not the obligation, to cause Tenant shall make to immediately take all steps Landlord deems necessary or appropriate to remediate such release and desirable repairs and replacements prevent any similar future release to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct satisfaction of Landlord or anyone claiming by, through or under Landlordand Landxxxx'x xortgagee(s). In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with At all applicable federal, state, county and local laws and ordinances (including, without limitation, times during the ADA), and all rules and regulations Term of any governmental authority having jurisdiction over the Premises.this Lease following reasonable prior
Appears in 1 contract
Samples: Office Lease (Websidestory Inc)
Tenant’s Obligations. Except to the extent of Landlord's obligations set forth in Sections 7, 12 and 27 hereof, Tenant shall be responsible for those portions cleaning, operating, maintaining and repairing in good order and condition in its existing condition or such better condition in which it may be put reasonable wear and tear and casualty and takings excluded, the entire Premises, including (but not limited to) the following: (i) heating, ventilating and air conditioning systems and equipment; (ii) mechanical systems and equipment; (iii) life safety systems and equipment; (iv) hot water heater(s), plumbing system and equipment; (v) electrical system and equipment; (vi) sprinkler system and equipment; (vii) elevator system and equipment; (viii) exterior walls and windows; (ix) building entry security system; (x) provision of all cleaning, trash removal and exterminating services; such obligations shall include all aspects of the Premises operation and management of Building 2, except as specifically set forth in this Lease including Section 12 hereof. Tenant shall provide Landlord with copies of all service contracts, if any, maintained by Tenant during the term of this Lease. If Tenant fails to maintain and perform its obligations under this Section, Landlord may after the occurrence and during the continuance of an Event of Default, but is not required to, perform such obligations and xxxx Tenant the cost thereof, which shall be maintained, repaired due and replaced by the Landlord payable as provided in Section 10.2 and elsewhere in this Lease, Tenant shall, at all times during the Term additional Rent within ten (10) days of this Lease, at its sole cost and expense, keep, clean, maintain, repair and replace all interior, non-structural portions rendition of the Premises, including, without limitation, all exterior and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coverings, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving the Premises (on which such bills. Tenant shall maintain a service and maintenance contract for regular service inspection, and emergency and extraordinary repair of the air conditioning unit(s) on the Premises), and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur, and shall further use all reasonable precautions to prevent waste, damage or injury waste to the Premises. Notwithstanding the foregoing, except in the event any part of the above-mentioned building systems which was part of the premises at the commencement of the Lease Term and which has been properly maintained by Tenant as hereinabove called for any repairs or replacements that are necessitated no longer can be maintained by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, but based on industry standards must be replaced, then (provided Landlord's Deemed Approval has occurred) Tenant shall comply with all applicable federalpromptly and properly replace the same; and to the extent, state, county and local laws and ordinances (including, without limitationreasonably determined, the ADAuseful life of such replaced part exceeds the remaining Lease Term (including option periods, whether exercised or not) then upon completion of such replacement and the payment of the cost thereof to the supplier by Tenant, Landlord will reimburse to Tenant so much of the actual and reasonable costs thereof as is proportionately attributable to that portion of the useful life of such part as extends beyond the then remaining term (including option periods, whether exercised or not) of this Lease (and if any option period is not eventually exercised, Landlord shall make an additional payment to reimburse Tenant on the basis of the term of this Lease without such option period); provided, however, if Landlord does not so reimburse Tenant as required under this provision then Tenant may set off such amount against the payment of Rent, Basic Operating Costs and all rules and regulations Taxes next due. As used in this paragraph "Landlord's Deemed Approval" means (a) if the Landlord's reimbursable share of any governmental authority having jurisdiction over single capital expenditure proposed is greater than $100,000 that Landlord has been advised of and has approved such capital expenditure, such approval not to be unreasonably withheld; (b) the PremisesLandlord's reimbursable share of any single capital expenditure is less than $100,000; or (c) such capital expenditure is required by applicable law. If Landlord's Deemed Approval does not occur as to any capital expenditure then Tenant shall be relieved from any requirement to make such capital expenditure.
Appears in 1 contract
Samples: Lease Agreement (Mykrolis Corp)
Tenant’s Obligations. Except for those portions of the Premises which shall be maintained, repaired and replaced by the Landlord as otherwise specifically provided in Section 10.2 and elsewhere in this Lease, herein Tenant shall, at Tenant's expense, keep in good and safe condition, order and repair the Premises and every part thereof, including without limitation, (a) all plumbing, fire sprinkler and sewage systems, and all ducts, pipes, vents or other parts of the heating, ventilation and air conditioning system (the "HVAC") which service only the Premises (as opposed to servicing an area larger than the Premises), (b) all electrical and lighting facilities, systems, appliances, and equipment within the Premises including all wiring therein, (c) all fixtures, non structural interior walls, interior 5 surfaces of exterior walls, non structural floors, and ceilings, and (d) all windows, doors, entrances, all glass (including plate glass), and skylights located within the Premises, and the roof membrane. Tenant's responsibility for maintenance and repair shall include all such facilities or systems that are located on or within the walls and floor of the Premises. Tenant shall maintain, repair and replace when necessary all HVAC equipment which services only the Premises, and shall maintain in full force at all times during the Term term of this LeaseLease an HVAC systems preventive maintenance contract with a qualified service company satisfactory to Landlord covering all such HVAC systems. Said contract shall provide for periodic servicing no less than every ninety (90) days and shall include without limitation replacement of filters, oiling and lubricating of machinery, adjustment of drive belts, oil changes, weather proofing of all exposed HVAC equipment and ducts, parts replacement and other preventive maintenance provided, however, that Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in said systems. Notwithstanding the foregoing Landlord may, by written notice to Tenant, elect at its sole cost and expense, keep, clean, maintainany time to assume responsibility for performing maintenance, repair and replace replacement of all interiorHVAC equipment servicing only the Premises. All costs incurred by Landlord in performing such maintenance, non-structural portions repair and replacement shall be paid by Tenant on a periodic basis within ten (10) days after receipt of a written invoice therefor from Landlord. Any costs incurred while performing maintenance and repair work which benefits more than one tenant in the building shall be prorated among all tenants so benefited. Tenant shall furnish Landlord with a copy of the PremisesHVAC service contract required by this paragraph, includingwhich shall provide that it may not be cancelled or changed without at least thirty (30) days prior written notice to Landlord. All repairs required to be made by Tenant shall be made promptly with new materials of like kind and quality. If the repair work is a repair to the Premises which affects the structural parts of the Building, without limitationor if the estimated cost of any item of repair exceeds $5,000, then Tenant shall first obtain Landlord's written approval of the scope of work, plans therefor, materials to be used and the contractor. If repair work is required in an emergency situation in which tenant can not contact Landlord, then Tenant shall be allowed to make emergency repairs and Landlord agrees to reimburse Tenant for the cost of the repair work within ten (10) days of receipt of invoices therefor from Tenant.. Tenant hereby waives the benefit of any statute now or hereinafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good condition, order and repair. Tenant specifically waives all exterior and interior windows (including, without limitation, plate glass windowsrights it may have under Sections 1932(1), doors and entrances, floor coverings1941, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving 1942 of the Premises (on which Tenant shall maintain a service and maintenance contract for regular service inspectionCalifornia Civil Code, and emergency and extraordinary repair of the air conditioning unit(s) on the Premises), and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity any similar or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage successor statute or injury to the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any governmental authority having jurisdiction over the Premiseslaw.
Appears in 1 contract
Samples: Industrial R&d Lease (Nextcard Inc)
Tenant’s Obligations. Except for those portions of the Premises which shall be maintained, repaired and replaced by the Landlord as provided in Section 10.2 and elsewhere in this Lease, Tenant shall, at all times during the Lease Term and at its sole cost and expense, regularly clean and continuously keep and maintain in good order, condition and repair the Leased Premises and every part thereof including, without limiting the generality of this Leasethe foregoing, (i) the interior side of all exterior windows, all interior windows, walls, floors and ceilings, (ii) all windows, doors and skylights, (iii) all electrical wiring, conduits, connectors and fixtures, (iv) all plumbing, pipes, sinks, toilets, faucets and drains, (v) all lighting fixtures, bulbs and lamps and all heating, ventilating and air conditioning equipment serving the Leased Premises exclusively, and (vi) the secured access system serving the Leased Premises. Tenant shall, at its sole cost and expense, keeprepair all damage to the Leased Premises, cleanthe Building, maintainthe Outside Areas or the Property caused by the activities of Tenant, its employees, invitees or contractors promptly following written notice from Landlord to so repair such damages. If Tenant shall fail to perform the required maintenance or fail to make repairs required of it pursuant to this paragraph within a reasonable period of time following notice from Landlord to do so, then Landlord may, at its election and replace all interiorwithout waiving any other remedy it may otherwise have under this Lease or at law, non-structural portions perform such maintenance or make such repairs and charge to Tenant, as Additional Rent, the costs so incurred by Landlord for same. All glass within or a part of the Leased Premises, includingboth interior and exterior, without limitation, all exterior is at the sole risk of Tenant and interior windows (including, without limitation, plate any broken glass windows), doors and entrances, floor coverings, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving the Premises (on which shall promptly be replaced by Tenant shall maintain a service and maintenance contract for regular service inspection, and emergency and extraordinary repair at Tenant's expense with glass of the air conditioning unit(s) on the Premises)same kind, size and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any governmental authority having jurisdiction over the Premisesquality.
Appears in 1 contract
Samples: Lease Agreement (Macromedia Inc)
Tenant’s Obligations. Except for those portions of the Premises which shall be maintained, repaired and replaced by the Landlord as provided in Section 10.2 and elsewhere in this Lease, Tenant shall, at all times during its own cost and expense, keep the Term Property and the fixtures, equipment, and Tenant’s Property (defined below) therein in first-class, clean and safe condition and in good order and repair consistent with the operation of this Leasefirst-class buildings in the jurisdiction in which the Property is located. In connection therewith, Tenant shall be responsible, at its sole cost and expense, keepto perform all operation, cleanmaintenance and servicing to the Property, maintainincluding but not limited to the plumbing, repair and replace all interior, non-structural portions of the Premises, including, without limitation, all exterior and interior windows mechanical (including, without limitation, plate glass windowsany HVAC system serving the Property), doors roof and entrancesroof membrane, floor coverings, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting fire and life safety systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving the Premises (on which Property, except to the extent a Landlord Maintenance and Replacement Obligations in Section 6.02 below. Tenant shall maintain a service also be responsible for maintenance and maintenance contract for regular service inspection, and emergency and extraordinary repair of the air conditioning unit(s) on facade envelope, exterior doors, glass, windows, framing and related elements so as to assure Tenant’s compliance with its obligations under this Section 6.01. With the Premises)exception of the costs required to be borne by Landlord under any express provision of this Lease, Landlord shall have absolutely no property management, maintenance, repair or replacement obligations with respect to the Property and Tenant alone shall be responsible for the interior fire sprinkler system performance, cost and expense of same. Tenant will, at the expiration or other termination of the Term hereof, surrender and deliver up the same broom clean and in the Premises, in good, clean, sanitary good order and safe order, condition and repairwith all alterations required to be removed hereunder removed, ordinary wear and tear tear, condemnation damage and casualty excepted. In furtherance thereofTenant shall, Tenant shall make at its own expense (i) maintain, clean and wash, on an “as needed” basis, all necessary door, window and desirable repairs plate glass in and replacements to about the Premises, ordinary Property and extraordinary, however the necessity replace same promptly when damaged or desirability for repairs and replacements shall occurbroken, and (ii) maintain exterior signs and lighting permitted pursuant to, and in accordance with, the terms of this Lease. The selection of any contractor performing Tenant’s maintenance or repairs, shall use all reasonable precautions be subject to prevent wasteLandlord’s prior review and written consent, damage or injury to which shall not be unreasonably withheld. Unless the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct responsibility of Landlord or anyone claiming byas a Landlord Maintenance and Replacement Obligations below in Section 6.02, through or under Landlordall references to “repair” in this Section 6.01 shall include replacement in all instances. In connection with any maintenanceFor purposes hereof, repairs or replacements conducted by, through or under Tenant, Tenant the façade envelope shall comply with all applicable federal, state, county and local laws and ordinances (including, include without limitation, the ADAexterior masonry, exterior fenestration (such as 1st floor, 2nd floor and 3rd floor windows), entry storefront systems (new main entrance and 2nd floor side entrance), main roof, tower roof and penthouse roof, penthouse masonry exterior, all rules exterior doors, loading dock canopy roof, awnings, building signage, and regulations the second floor entrance deck to the second floor of any governmental authority having jurisdiction over the PremisesBuilding.
Appears in 1 contract
Tenant’s Obligations. Except for those portions In addition to all other terms of the Premises which shall be maintained, repaired and replaced by the Landlord as provided in Section 10.2 and elsewhere in this Lease, Tenant Tenant(s) shall meet the following obligations:
a. Tenant(s) must personally use and occupy the Dwelling Unit only as a residence, which consists of Tenant(s) and those Occupants listed in the Summary. For the purpose of this Lease, occupancy by an unauthorized person for more than fourteen (14) calendar days consecutively, or thirty (30) calendar days in any calendar year, without prior written consent from Landlord, will constitute occupancy of the Dwelling Unit on a regular basis and will constitute a default under this Lease. Tenant(s) shall:
i. Keep the Dwelling Unit in a good, clean, safe and sanitary condition;
ii. Comply with all applicable building and housing codes materially affecting health and safety, and the Rules and Regulations (as may now exist or hereafter be adopted and/or amended);
iii. Use in a reasonable manner all utilities, services, facilities, appliances and equipment provided by Landlord;
iv. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other fixtures and facilities in the Dwelling Unit, change HVAC filters no less than every thirty (30) days, and shall maintain such services at all times during the Term Lease term. Tenant(s) shall be responsible for any damage caused by their failure to comply with these requirements;
v. Keep all appliances and equipment supplied by Landlord in the Dwelling Unit in a good and clean condition, with the exception of reasonable wear and tear. Tenant(s) shall not use any other major appliances or equipment in the Dwelling Unit without Landlord’s prior written permission, and this prohibition shall include without limitation portable air conditioners and washing machines, or similar items;
vi. Not deliberately or negligently destroy, deface, damage or impair any part of the Dwelling Unit or the premises (including fixtures, facilities and appliances) or permit any person to do so whether known by Tenant(s) or not, and Tenant(s) shall be responsible for any damage caused by their failure to comply with this requirement. Tenant(s) shall give Landlord prompt notice if any such damage occurs;
vii. Conduct themselves and require other persons in the Dwelling Unit or on the premises with their consent, whether known by Tenant(s) or not, to conduct themselves in a manner that will not disturb the peaceful enjoyment of others nor that will harass others, and to behave in a courteous and respectful manner to others, including without limitation Agent, Landlord and any of their agents or employees, and any vendors who may access the Dwelling Unit in accordance with the terms of this Lease;
viii. Have the right to request in writing that Landlord install a carbon monoxide detector in the Dwelling Unit, at the cost of which may be charged to Tenant(s), in accordance with the VRLTA. Tenant(s) shall not remove or tamper with a properly functioning smoke alarm or carbon monoxide detector, including removing any working batteries, so as to render the smoke alarm or carbon monoxide detector inoperative and, shall maintain the smoke alarm and any carbon monoxide detector in accordance with the requirements of the Uniform Statewide Building Code, including replacement of batteries. Tenant(s) agree to hold Landlord and Agent harmless from any and all claims arising from its sole cost failure to comply with the requirements of this subsection, and expenseto indemnify Landlord and Agent from any and all claims or liability therefor;
ix. Use reasonable efforts to maintain the Dwelling Unit in such a condition as to prevent the accumulation of moisture and the growth of mold, keepand to notify Landlord in writing promptly of any moisture accumulation that occurs or of any visible evidence of mold discovered by Tenant(s). Tenant(s) do hereby release Landlord and Agent from any and all claims or liability to Tenant(s), cleanTenant(s)’ authorized Occupants, maintainor guests or invitees, repair and replace do hereby agree to indemnify and hold Landlord and Agent harmless, from and against any and all interiorloss, nondamage, claim, suit, costs (including reasonable attorneys’ fees and costs) or other liability whatsoever resulting from Tenant(s)’ failure to comply with the provisions of this subsection or any other provisions of law;
x. Keep the Dwelling Unit free from insects and pests, and to promptly notify the Landlord and Agent of the existence of any insects or pests which includes bed bugs. Tenant(s) shall prepare the Dwelling Unit for the application of insecticides or pesticides in accordance with any written instructions of Landlord or Agent, and if insects or pests are found to be present, follow any written instructions provided by Landlord or Agent to eliminate the insects or pests following the application of insecticides or pesticides. Tenant(s) who have concerns about specific insecticides or pesticides shall notify the Landlord and Agent in writing no less than 24 hours before any scheduled insecticide or pesticide application, after receipt of notice from Landlord or Agent pursuant to Section 22(c) of this Lease. Tenant(s) do hereby release Landlord from any and all claims or liability to Tenant(s), Tenant(s)’ authorized Occupants, or guests or invitees, and do hereby agree to indemnify and hold Landlord and agent harmless, from and against any and all loss, damage, claim, suit, costs (including reasonable attorneys’ fees and costs) or other liability whatsoever arising from the presence of insects or pests in the Dwelling Unit, and/or resulting from Tenant(s)’ failure to comply with the provisions of this subsection or any other provisions of law. Tenant(s) are responsible for any financial costs and expenses associated with these statutory obligations under the VRLTA, as referenced in this Lease;
xi. Use reasonable care to prevent any dog or other animal in possession of Tenant(s), authorized occupants, or guests or invitees from causing personal injuries to a third party in or around the Dwelling Unit, or property damage to the Dwelling Unit; and
xii. Not do and not permit to be done any act which will increase the fire hazard or rate of fire insurance for the Dwelling Unit, or any property thereon, obey all state and municipal laws and regulations relating to fire hazards, fire protection, and sanitation, and not commit any nuisance on the Dwelling Unit.
c. Tenant(s) and any other persons in or about the Dwelling Unit with consent of Tenant(s), including but not limited to members of the family, guests, invitees or authorized occupants, shall not engage in criminal activities or activities intended to facilitate criminal activities including any illegal drug-structural portions of related activity in or around the Dwelling Unit or on the Premises, includinginvolving a controlled substance (as defined in Section 54.1-3401 of the Code of Virginia). “Illegal drug-related activity” means the illegal manufacture, without limitationsale, all exterior and interior windows (includingdistribution, without limitationuse or possession with intent to manufacture, plate glass windowssell, distribute or use of a controlled substance. Tenant(s), doors and entrancesguests, floor coveringsinvitees or authorized occupants are prohibited from engaging in the manufacture, and all exterior and interior signs and all interior wallssale or distribution of illegal drugs at any location, partitionswhether on the Premises or otherwise. Neither Tenant(s), fixtures, equipment, systems and other appurtenancesguests or invitees or authorized occupants of Tenant(s) may engage in acts of violence or threats of violence, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems but not limited to the unlawful discharge of firearms in the Dwelling Unit or serving on or near the Premises (on which Tenant Premises. A single violation of any of these provisions shall maintain constitute a service and maintenance contract for regular service inspection, and emergency and extraordinary repair non-remediable violation of the air conditioning unit(s) on the Premises), Lease and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance justification for termination thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any governmental authority having jurisdiction over the Premises.
Appears in 1 contract
Samples: Lease Agreement
Tenant’s Obligations. Except for those portions of the Premises which shall be maintained, repaired and replaced by the Landlord as provided in Section 10.2 Paragraphs 6.2(a), 8.2, 15, and elsewhere in this Lease16, Tenant shall, at Tenant's expense, keep in good and safe condition, order and repair the premises and every part thereof, including without limitation, all plumbing, heating, air conditioning, ventilating, fire sprinklers, electrical and lighting facilities, systems, appliances, and equipment within the premises; and all fixtures, interior walls, interior surfaces of exterior walls, floors, ceilings, windows, doors, entrances, all glass (including plate glass), and skylights located within the premises and the roof membrane installed over the premises. Tenant shall, at Tenant's expense, maintain in full force at all times during the Term term of this LeaseLease a heating, at its sole cost ventilating and expenseair conditioning ("HVAC") systems preventive maintenance contract with a qualified service company satisfactory to Landlord covering all HVAC systems servicing the premises, keep, clean, maintain, repair which shall provide for and replace all interior, non-structural portions of the Premises, includinginclude, without limitation, replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes, weatherproofing of all exterior exposed HVAC equipment and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coveringsducts, and all exterior and interior signs and all interior wallsother preventive maintenance; provided, partitionshowever, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving the Premises (on which that Tenant shall have the benefit of all warranties available regarding the equipment in said systems. Said contract shall call for periodic servicing no less than every sixty (60) days. Tenant shall be permitted to provide the above described HVAC maintenance services through a qualified employee of Tenant in lieu of a third party contractor. Tenant shall also maintain continuously throughout the lease term a service and maintenance contract for regular service inspection, and emergency and extraordinary repair the washing of all windows of the air conditioning unit(spremises (both interior and exterior surfaces) on with a contractor approved by Landlord which provides for the Premises)periodic washing of all such windows sufficiently often that such windows remain clean. Tenant shall furnish Landlord with copies of all such service contracts, which shall provide that they may not be cancelled or changed without at least thirty (30) days prior written notice to Landlord. All repairs required to be made by Tenant shall be made promptly with new materials of like kind and quality. If the repair work affects the structural parts of the Building, or if the estimated cost of any item of repair exceeds $25,000, then Tenant shall first obtain Landlord's written approval of the scope of work, plans therefor, materials to be used, and the interior fire sprinkler system contractor. Tenant hereby waives the benefit of any statute now or hereafter in effect which would otherwise afford Tenant the Premisesright to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the premises in good condition, in good, clean, sanitary and safe order, condition order and repair. Tenant specifically waives all rights it may have under Sections 1932(1), ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur1941, and shall use all reasonable precautions to prevent waste, damage or injury to 1942 of the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA)California Civil Code, and all rules and regulations of any governmental authority having jurisdiction over the Premisessimilar or successor statute or law.
Appears in 1 contract
Samples: Sublease and Lease Agreement (Inhale Therapeutic Systems)
Tenant’s Obligations. Except for those portions of the Premises which shall be maintained, repaired and replaced by the Landlord as provided in Section 10.2 Paragraphs 8.2, 15, and elsewhere in this Lease16, Tenant shall, at Tenant's expense, keep in good and safe condition, order and repair the premises and every part thereof, including without limitation, all plumbing, heating, air conditioning, ventilating, fire sprinklers, electrical and lighting facilities, systems, appliances, and equipment within the premises; and all fixtures, interior walls, interior surfaces of exterior walls, floors, ceilings, windows, doors, entrances, glass (including plate glass), and skylights located within the premises, and the roof membrane, flashing and related improvements required to keep the premises weathertight. Tenant shall, at Tenant's expense, maintain in full force at all times during the Term term of this LeaseLease a heating, at its sole cost ventilating and expenseair conditioning ("HVAC") systems preventive maintenance contract with a qualified service company satisfactory to Landlord covering all HVAC systems servicing the premises, keep, clean, maintain, repair which shall provide for and replace all interior, non-structural portions of the Premises, includinginclude, without limitation, replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes, weatherproofing of all exterior exposed HVAC equipment and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coveringsducts, and all exterior and interior signs and all interior wallsother preventive maintenance; provided, partitionshowever, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving the Premises (on which that Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in said systems. Said contract shall call for periodic servicing no less than every sixty (60) days. Tenant shall also maintain continuously throughout the lease term a service and maintenance contract for regular service inspection, and emergency and extraordinary repair the washing of all windows of the air conditioning unit(spremises (both interior and exterior surfaces) on with a contractor approved by Landlord which provides for periodic washing of all such windows sufficiently often that such windows remain clean. Tenant shall furnish Landlord with copies of all such service contracts, which shall provide that they may not be cancelled or changed without at least thirty (30) days prior written notice to Landlord. All repairs required to be made by Tenant shall be made promptly with new materials of like kind and quality. If the Premises)repair work affects the structural parts of the Building, or if the estimated cost of any item of repair exceeds $5,000, then Tenant shall first obtain Landlord's written approval of the scope of work, plans therefor, materials to be used, and the interior fire sprinkler system contractor. Tenant hereby waives the benefit of any statute now or hereafter in effect which would otherwise afford Tenant the Premisesright to make replacement at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the premises in good condition, in good, clean, sanitary and safe order, condition order and repair. /s/ illegible /s/ MAB ------------- ------- Landlord 8 Tenant Tenant specifically waives all rights it may have under Sections 1932(1), ordinary wear 1941, and tear excepted1942 of the California Civil Code, and any similar or successor statute or law. In furtherance thereof, Tenant no event shall make all necessary Tenant's obligation to repair under this Paragraph 8.1 extend to (i) damage and desirable repairs and replacements to the Premises, ordinary and extraordinary, however extent the necessity cost thereof is actually reimbursed or desirability paid for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, under any insurance policy carried by Landlord in connection with the premises; (ii) damage caused in whole or injury to the Premises, except for any repairs or replacements that are necessitated in part by the negligence or willful misconduct of Landlord or anyone claiming byLandlord's agents, through employees, invitees or licensees, (iii) repairs covered under Direct Operating Expenses; (iv) reasonable wear and tear; (v) conditions to the extent the cost thereof is actually reimbursed or paid for under any warranties of Landlord. In connection with any maintenance's contractors; or (vi) damage by fire and other casualties, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances acts of governmental authorities (including, without limitation, the ADAnot including compliance directives), or acts of God and all rules and regulations of any governmental authority having jurisdiction over the Premiseselements.
Appears in 1 contract
Tenant’s Obligations. Except for those portions Subject to the provisions of Section 8.2 and 14, Tenant, at Tenant's expense, shall keep in good order, condition and repair the demised Premises and every part thereof including, without limiting the generality of the Premises which foregoing, all plumbing, electrical and lighting facilities and equipment within the demised Premises, maintenance of any pumps or apparatuses designed to prevent or minimize water seepage into the Premises, fixtures, interior walls and interior surfaces of exterior walls, ceilings, windows, doors, plate glass and skylights located within the demised Premises. All repairs made by the Tenant shall be maintainedat least of the same quality, repaired design and replaced class as that of the original work. Tenant agrees that it will abide by, keep and observe all reasonable rules and regulations which Landlord may make from time to time for the management, safety, care and cleanliness of the Building and grounds, the parking of vehicles and the preservation of good order therein. All damage or injury to the Building or to the demised Premises, fixtures, appurtenances and/or equipment caused by the Landlord as provided Tenant moving property in Section 10.2 and elsewhere in this Leaseor out of the Building or the Premises or by Tenant's installation or removal of furniture, fixtures, or other property, or from any other cause of any kind or nature whatsoever due to carelessness, omission, neglect, improper conduct, or other cause of the Tenant, its agents, employees, invitees, contractors or subcontractors shall be repaired, restored, or replaced promptly by the Tenant shall, at all times during the Term of this Lease, at its sole cost and expense, keep, clean, maintain, repair and replace all interior, non-structural portions expense to the satisfaction of the Premises, including, without limitation, all exterior and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coverings, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems Landlord. In the event that the Tenant fails to keep the demised Premises in or serving the Premises (on which Tenant shall maintain a service and maintenance contract for regular service inspection, and emergency and extraordinary repair of the air conditioning unit(s) on the Premises), and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe good order, condition and repairrepair while this Lease remains in effect, ordinary wear then upon the expiration of thirty (30) days after written demand (which written demand shall not be required in the case of an emergency), Landlord may restore the demised Premises to such good order and tear excepted. In furtherance condition and make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's property or business by reason thereof, and upon completion thereof Tenant shall make all necessary pay to Landlord upon demand and desirable repairs as Additional Rent the cost of restoring the demised Premises to such good order and replacements to condition, together with interest thereon from the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any governmental authority having jurisdiction over the Premisesdate paid.
Appears in 1 contract
Samples: Commercial Lease (McData Corp)
Tenant’s Obligations. Except for those portions of the Premises which shall be maintained, repaired and replaced by the Landlord as provided in Section 10.2 and elsewhere in this Lease10.1 above, Tenant shallTenant, at all times during the Term of this Lease, at its Tenant’s sole cost and expense, keep, clean, shall maintain, repair and replace all interior, non-structural portions of the Building and Premises, includingincluding the entire interior and exterior and all improvements now or hereafter located on the Premises, and keep same and all parts thereof in good condition order and repair, including without limitation, the following: (a) all exterior HVAC, plumbing, electrical, sewerage and mechanical systems exclusively serving the Premises; (b) all fixtures, interior windows walls, floors (including, without limitation, plate glass windowsexcluding subfloors and foundations), doors and entrancescarpets, floor draperies, window coverings, and ceilings; (c) all windows, doors, entrances, and plate glass; (d) interior and exterior and interior signs and all lighting; (e) any fire detection or extinguisher equipment; (f) interior walls, partitions, fixtures, equipment, systems (f) public and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or private utility connections exclusively serving the Premises (on which Tenant shall maintain a service and maintenance contract for regular service inspection, and emergency and extraordinary repair from the point of the air conditioning unit(s) on the Premises), and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements connection to the Premises, ordinary (j) pipes and extraordinarymains exclusively serving the Premises from the point of connection to the Premises; and (k) all other fixtures, however machinery, apparatus, equipment and appurtenances now or hereafter belonging to, connected with or used in conjunction with the necessity or desirability for Premises. Tenant’s obligations shall include all necessary repairs and replacements. All such repairs and replacements shall occurbe of reasonably similar quality as the item so replaced and sufficient for the proper maintenance and operation of the Premises. Tenant shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part any warranties, or prevent the procurement of any insurance policies that may, at any time, be required under the provisions of this Lease. Tenant shall not obstruct or permit the obstruction of any adjoining street or sidewalk. Notwithstanding anything to the contrary herein, Landlord shall perform and construct, and Tenant shall use all reasonable precautions have no responsibility to prevent wasteperform or construct, damage any repair, maintenance or injury to the Premises, except for any repairs or replacements that are improvements necessitated by the negligence acts or misconduct omissions of Landlord or anyone claiming byany other occupant of the Project, through or under their respective agents, employees or contractors. Without limiting the generality of the foregoing, Tenant agrees as follows:
10.2.1 Tenant shall enter into a maintenance contract or contracts, in form and substance and with a firm reasonably satisfactory to Landlord and with Landlord’s prior consent, for the maintenance and regular repair of the mechanical systems, including but not limited to the heating, ventilating and air conditioning systems (the “HVAC”), including exhaust fans. In connection with Said maintenance contract(s) shall provide, at a minimum, for quarterly inspections, service and cleaning of said units and systems and shall include (but not be limited to) those requirements appearing on Exhibit I attached hereto and made a part hereof. Tenant’s maintenance obligation shall specifically include such adjustments and servicing as each such inspection discloses to be required, and all repairs, testing and servicing as shall be necessary or reasonably required by Landlord or Landlord’s insurance underwriter. If replacement of the HVAC and any maintenanceequipment, repairs or replacements conducted byfixtures, through or under Tenantunits, systems and appurtenances thereto are necessary, Tenant shall comply replace the same with equipment, fixtures, units, systems and appurtenances of the same quality, and repair all applicable federaldamage done in or by such replacement. Tenant shall provide Landlord with a current copy of such maintenance contract and the scope of work to be performed thereunder. Landlord, stateat its election, county may enter into such contract in place of Tenant and local laws charge Tenant for the cost thereof. Further, at Landlord’s option, Landlord may perform routine filter changes and ordinances other preventative maintenance required to be performed by Tenant hereunder and in such case, Tenant shall reimburse Landlord the costs therefor. Further notwithstanding anything to the contrary herein, if any other replacements for which Tenant is responsible under this Section 10.2 would be considered capital expenditures under GAAP (including, without limitation, which for the ADAavoidance of doubt shall not include the HVAC and any other replacements made by Tenant pursuant to Exhibit E and E-1 with respect to Tenant’s initial Tenant Improvements), then Tenant shall not be obligated to make such replacement and all rules such replacement shall be the sole responsibility of Landlord, in which case the entire cost of such replacement shall be amortized over the useful life of such replacement (as Landlord shall reasonably determine in accordance with generally accepted accounting practices) and regulations Landlord and Tenant shall proportionately share the cost of such replacement, with Tenant’s share (1) based on the proportion that the number of months left in the Term bears to the number of months in the useful life of such replacement, and (2) paid within thirty (30) days of Tenant’s receipt of Landlord’s invoice therefor; however, any such calculation shall not include any available extension terms, unless Tenant validly exercises any available extension option, in which case Tenant’s share shall be recalculated upon Tenant’s exercise of any governmental authority having jurisdiction over such option (or, if Tenant does not have any available extension terms and this Lease is renewed or extended by mutual agreement of the Premisesparties, upon Landlord and Tenant agreeing in writing to an extension of this Lease beyond the then-current Term) and Tenant shall pay to Landlord the difference between Tenant’s share as recalculated and Tenant’s share as originally calculated (“Landlord’s Capital Replacement Obligation”).
10.2.2 Tenant shall be responsible for the maintenance and upkeep of the entire fire sprinkler system, including but not limited to microbiologically influenced corrosion testing and remediation. Tenant shall conduct quarterly flow checks on the sprinkler system. In addition, Tenant shall be responsible for fire pump inspection and testing on an annual basis.
10.2.3 Tenant shall keep and maintain written reports of the maintenance and repair to the mechanical systems, and the fire sprinkler system and forward copies of each inspection report to Landlord within ten (10) days of each inspection. Tenant shall also provide information and backup for major repairs to any Building systems, including any warranties on the work, that occurred at any time during the Term.
10.2.4 Tenant shall maintain the lighting in the Premises (including replacement of bulbs and batteries). Tenant shall conduct quarterly tests on emergency lighting and provide Landlord a copy of each such test. Bulbs, ballasts and light fixtures shall be replaced whenever they fail.
Appears in 1 contract
Tenant’s Obligations. Except for those portions to the extent set forth in Paragraph 5.1(b) below as an obligation of the Premises which shall be maintained, repaired and replaced by the Landlord as provided in Section 10.2 and elsewhere in this LeaseLandlord, Tenant shall, at all times during the Lease Term and at its sole cost and expense, regularly clean and continuously keep and maintain in good order, condition and repair the Leased Premises and Building 2 and every part thereof including, without limiting the generality of this Leasethe foregoing, (i) all interior walls, floors and ceilings (except to the extent the maintenance or repair in question is to the Building 2 structural support system), (ii) the interior surfaces of all windows, doors and skylights, (iii) all electrical wiring, conduits, connectors and fixtures, (iv) all plumbing, pipes, sinks, toilets, faucets and drains, (v) all lighting fixtures, bulbs and lamps, and all HVAC equipment other than that which Landlord is required to maintain pursuant to Paragraph 5.1(b) below, if applicable., (vi) all entranceways to the Leased Premises, and (vii) the non-structural portions of the Building 2 underground parking garage. Subject to Paragraph 9.3, Tenant shall, at its sole cost and expense, keeprepair all damage to the Leased Premises, cleanBuilding 2, maintain, repair and replace all interior, non-structural portions the Common Areas or the Property caused by the activities of Tenant or any of the Tenant Parties promptly following written notice from Landlord to so repair such damages. If Tenant shall fail to perform the required maintenance or fail to make repairs required of it pursuant to this paragraph within the applicable notice and cure period expressly set forth in this Lease applicable thereto (or if none is set forth, then within a reasonable period of time following notice from Landlord to do so), then Landlord may, at its election and without waiving any other remedy it may otherwise have under this Lease or at law, perform such maintenance or make such repairs and charge to Tenant, as Additional Rent, the costs so incurred by Landlord for same. All glass within or a part of the Leased Premises, includingboth interior and exterior, without limitation, all exterior is at the sole risk of Tenant and interior windows (including, without limitation, plate any broken glass windows), doors and entrances, floor coverings, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving the Premises (on which shall promptly be replaced by Tenant shall maintain a service and maintenance contract for regular service inspection, and emergency and extraordinary repair at Tenant’s expense with glass of the air conditioning unit(s) on the Premises)same kind, size and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any governmental authority having jurisdiction over the Premisesquality.
Appears in 1 contract
Samples: Sublease Agreement (Applovin Corp)
Tenant’s Obligations. Except for those as provided in Section 7.2 and the Addendum; Tenant shall keep the Premises in good order, condition and repair during the Lease Term, including without limitation: all nonstructural, interior, exterior, and landscaped areas, all heating, ventilation and air conditioning systems and equipment exclusively serving the Premises; all glass, glazing, windows, window moldings, partitions, doors and door hardware; all interior painting; all fixtures and appurtenances in the Premises or exclusively serving the Premises including electrical, lighting and plumbing fixtures; and all other portions of the Premises which seen or unseen. Tenant shall be maintained, repaired and replaced by the Landlord as provided in Section 10.2 and elsewhere in this Lease, Tenant shall, at all times during the Term of this Lease, replace at its sole cost and expense, keep, clean, maintain, repair expense any of the systems and replace all interior, non-structural other portions of the PremisesPremises for which it is responsible hereunder during the Lease Term, including, without limitation, all exterior and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coverings, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in if necessary. Tenant shall promptly replace any portion of the Premises or system or equipment exclusively serving the Premises (on in the Premises which cannot be fully repaired, regardless of whether the benefit of such replacement extends beyond the Lease Term. If any heating and air conditioning system or equipment exclusively serves the Premises, Tenant shall maintain additionally obtain and keep in force a service preventive maintenance contract providing for the regular (at least quarterly) inspection and maintenance contract for regular service inspectionof the heating and air conditioning system (including leaks around ducts, pipes, vents, and emergency other parts of the air conditioning) by a reputable licensed heating and extraordinary air conditioning contractor acceptable to Landlord. Prior to April 1 of each calendar year, Tenant shall deliver Landlord written confirmation from such contractor verifying that such a contract has been entered into and that the required service will be provided. Notwithstanding the foregoing, Landlord shall have the right, upon written notice to Tenant, to undertake the responsibility for preventive maintenance and repair of the heating and air conditioning unit(s) on the Premises)system, at Tenant's sole cost and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any governmental authority having jurisdiction over the Premisesexpense.
Appears in 1 contract
Tenant’s Obligations. Except for those portions Tenant agrees, at Tenant's sole cost and expense, to take good care of the Premises which shall be maintainedPremises, repaired and replaced by including the Landlord Improvements, but excluding the structural components (as provided defined in Section 10.2 8.3 below) of the Building and elsewhere keep same and all parts thereof, including without limitation, the entire exterior and interior, parking areas, sidewalks, railroad tracks (if any), water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment, overhead cranes (if any), and appurtenances thereto together with any and all alterations and additions thereto, in this Leasegood order, condition and repair, suffering no waste or injury. Tenant shall, at all times during the Term of this Lease, at its sole cost and expense, keeppromptly make all necessary repairs and replacements, cleanstructural or otherwise, maintainordinary as well as extraordinary, repair foreseen as well as unforeseen, in and replace all interior, non-structural portions of to any Improvements or equipment now or hereafter located upon the PremisesLand, including, without limitation, all the entire interior and exterior and interior windows of the Improvements, but excluding the Structural Components, sidewalks, parking areas, railroad tracks (including, without limitation, plate glass windowsif any), doors water, sewer, gas and entranceselectricity connections, floor coveringspipes, mains and all exterior and interior signs and all interior walls, partitions, other fixtures, equipmentmachinery, systems apparatus, equipment and other appurtenancesappurtenances now or hereafter belonging to, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems connected with or used in or serving the Premises (on which Tenant shall maintain a service and maintenance contract for regular service inspection, and emergency and extraordinary repair of the air conditioning unit(s) on conjunction with the Premises), and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for All such repairs and replacements shall occur, be of first-class quality and sufficient for the proper maintenance and operation of the Premises. Tenant shall use all reasonable precautions to prevent waste, damage or injury to keep and maintain the Premises, except for any repairs or replacements that are necessitated including the Improvements and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by the negligence or misconduct way of Landlord or anyone claiming bylimitation, through or under Landlordsnow and ice clearance, landscaping and removal of waste and refuse matter. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with not permit anything to be done upon the Premises (and shall perform all applicable federalmaintenance and repairs thereto so as not) to invalidate, statein whole or in part, county and local laws and ordinances (including, without limitation, or prevent the ADA), and all rules and regulations procurement of any governmental authority having jurisdiction over insurance policies which may, at any time, be required under the Premisesprovisions of this Lease. Tenant shall not obstruct or permit the obstruction of any parking area, adjoining street or sidewalk.
Appears in 1 contract
Samples: Industrial Building Lease (Eagle Test Systems, Inc.)
Tenant’s Obligations. Except for those portions items which are the obligation of the Premises which shall be maintainedLandlord under Section 10.01 hereof, repaired Tenant, for and replaced by the Landlord as provided in Section 10.2 and elsewhere in this Lease, Tenant shall, at all times during the Term of this Lease, at its Tenant's sole cost and expense, keep, clean, maintain, repair assumes all responsibility and replace all interior, non-structural portions obligation for the physical condition of the Demised Premises and shall:
(a) Keep and maintain in good repair, as well as paint and decorate, the exterior and interior of the Demised Premises including, but not limited to, all structural repairs, roof, floor, doors, windows, dock levelors, heating, ventilating and air conditioning systems, electrical system, sprinkler system and plumbing facilities. Damage to party walls shall be repaired by Tenant if the cause of the damage is initiated on the Demised Premises;
(b) Keep and maintain the Demised Premises in a clean and sanitary condition free from rubbish, flammable or other objectionable materials;
(c) Perform all normal routine adjustments and maintenance on all equipment, including but not limited to filter changes, cleaning and lubrication of heating, ventilating and air conditioning systems;
(d) Repair or replace as required, all mechanical and working parts used in connection with doors, windows, dock levelors, the heating, air conditioning, electrical, plumbing and sprinkler and other systems;
(e) Keep, maintain and repair all drainage facilities including drainage pipes, ditches and detention areas, as well as the lawns, shrubbery, driveways and parking areas, including the keeping of the driveways, sidewalks and steps and parking areas free and clear of ice and snow; and
(f) Comply with all present and future applicable Federal, State and local laws, ordinances and codes and all applicable rules, regulations and requirements, including without limitations, those relating to environmental protection and the requirement set forth in the applicable sections of the "National Fire Codes" as published by the National Fire Protection Association; and pay any and all costs of compliance and all fines and penalties imposed upon Landlord, or consequential damages incurred, by reason of any violations thereof. Without limiting the generality of the foregoing, Tenant acknowledges and agrees that it shall promptly repair any and all damage to the Demised Premises, whether caused by Tenant or Tenant's employees, agents, guests, invitees, licensees, subtenants, related persons, contract warehousemen (or similar), however caused, including, without limitation, all exterior and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coverings, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and any damage caused by the operation of forklifts or other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems equipment in or serving about the Premises (on which Tenant shall maintain a service and maintenance contract for regular service inspection, and emergency and extraordinary repair of the air conditioning unit(s) on the Premises), and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any governmental authority having jurisdiction over the Demised Premises.
Appears in 1 contract
Samples: Multiple Occupancy Net Lease (United Natural Foods Inc)
Tenant’s Obligations. Except for those portions Without limiting the generality of the Premises which shall be maintained, repaired and replaced by the Landlord as provided in Section 10.2 and elsewhere in any portion of this Lease, Tenant shalland its Affiliates will:
(a) Not store, at all times during handle, transport, use, process, generate, discharge or dispose of any Hazardous Substances from, in or about the Term of this Lease, at its sole cost and expense, keep, clean, maintain, repair and replace all interior, non-structural portions Premises or the rest of the PremisesLand, or create any release of any Hazardous Substances, except for customary and reasonable amounts of office supplies and other supplies reasonably used in the conduct of Tenant's permitted research and development, light manufacturing and warehousing activities which may contain or consist of reasonable amounts of Hazardous Substances, and then only strictly in accordance with applicable Environmental Laws. Tenant and its Affiliates will comply fully with all Environmental Laws and insurance requirements in connection with or related to such Hazardous Substances, whether now or hereafter existing, including, without limitation, all exterior and interior windows (includingCERCLA, without limitationXXXX, plate glass windows)RCRA, doors and entrancesTSCA, floor coveringsCWA, and any other Environmental Laws promulgated by the EPA, OSHA or the State of Texas.
(b) Immediately pay, and indemnify Landlord and its Affiliates for and hold them harmless from, all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenancesLiabilities arising from any breach by Tenant or its Affiliates of their obligations in this Article, including, without limitation, all electrical the performance of and lighting systems payment for any Environmental Cleanup Work and fixturesthe preparation of any closure or other required plans.
(c) Immediately deliver to Landlord copies of any notices, all plumbing systems and fixturesinformation, all HVAC Systems in or serving the Premises (on which Tenant shall maintain a service and maintenance contract for regular service inspectionreports, and emergency and extraordinary repair communications of the air conditioning unit(s) on the Premises), and the interior fire sprinkler system any type received or given in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenanceHazardous Substances, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, notices of violation and settlement actions from or with governmental or quasi-governmental authorities. In the ADA), and all rules and regulations event of any governmental authority having jurisdiction over unintentional breach of the terms of this Article 25, Tenant shall not be in default of this Lease if Tenant immediately begins to cure the breach and diligently begins and completes all required remediation, disposal and other responsive actions in accordance with the Lease and applicable Environmental Laws and guidelines and performs all necessary repairs to the Building or the Premises, and, upon the completion of which, Tenant will be deemed to have cured such breach (although Tenant's indemnity obligations and other Liabilities still will remain). All of Tenant's obligations and Liabilities under this Article will survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Vtel Corp)
Tenant’s Obligations. Except for those portions of the Premises which Tenant shall be maintained, repaired and replaced by the Landlord as provided in Section 10.2 and elsewhere in this Lease, Tenant shall, at all times during the Term of this Lease, at its sole cost and expense, keep, clean, maintain, repair and replace all interior, non-structural portions take good care of the Premises, includingBuilding, without limitation, all exterior and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coveringsequipment serving the Building, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and the other appurtenancesimprovements, including, without limitationlimiting the generality of the foregoing, roofs, foundations and appurtenances thereto, all electrical mechanical, electrical, plumbing, and lighting heating, air-conditioning and ventilation systems and fixtureslocated in or otherwise serving the Building, all plumbing systems sidewalks, vaults, sidewalk hoists and fixtures, all HVAC Systems curbs in front of or serving the Premises (on which Tenant shall maintain a service and maintenance contract for regular service inspection, and emergency and extraordinary repair of the air conditioning unit(s) on the Premises), and the interior fire sprinkler system in adjacent to the Premises, all other common areas of the Premises maintained or required to be maintained by Tenant as of the date hereof and all water, sewer and gas connections, pipes and mains which service the Premises and which neither any public authority nor a utility company is obligated to repair and maintain, and shall put, keep and maintain the Building and the other improvements in good, clean, sanitary good and safe orderorder and working condition, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary repairs therein and desirable repairs thereon, interior and replacements to the Premisesexterior, structural and nonstructural, ordinary and extraordinary, however foreseen and unforeseen, necessary to keep the same in good and safe order and working condition and to comply with all applicable laws, and the Restrictions, howsoever the necessity or desirability therefor may occur, and whether or not necessitated by wear and tear, obsolescence or defects, latent or otherwise, and including, complying with and correcting any deficiencies identified by the Village of University Park in any inspection of the Premises. The necessity and adequacy of repairs made shall be measured by standards which are appropriate for repairs buildings of similar age and replacements construction, as applicable, provided, however, the decision whether an item needs to be replaced or repaired shall occurbe made at Landlord’s reasonable discretion. Tenant shall not commit or suffer, and shall use all reasonable precautions precaution to prevent prevent, waste, damage or injury to the Premises. When used in this Lease, except for any the term “repairs” shall include all alterations, additions, installations, replacements, removals, renewals and restorations. All repairs or replacements that are necessitated made by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply be at least equal in quality and class to the original work and shall be made in compliance with all applicable federalRestrictions, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any governmental authority having jurisdiction over the Premisesas then in force.
Appears in 1 contract
Samples: Lease (Federal Signal Corp /De/)
Tenant’s Obligations. Except for those portions of the Premises which shall be maintained, repaired and replaced by the Landlord as provided in Section 10.2 and elsewhere in this Lease, Tenant shallTenant, at all times during the Term of this Lease, at its Tenant’s sole cost and expense, keep, clean, shall maintain, repair and replace all interior, non-structural portions of the PremisesPremises in good order, includingcondition, and repair, including without limitation, the following: (a) all exterior HVAC, plumbing, electrical, sewerage and mechanical systems serving the Buildings; (b) all fixtures, interior windows (includingwalls, without limitationfloors, plate glass windows)carpets, doors and entrancesdraperies, floor window coverings, and ceilings; (c) all exterior windows, doors, entrances, and interior signs plate glass; and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and (d) any fire detection or extinguisher equipment that Landlord does not maintain. Tenant shall also maintain the lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving the Premises (on which including replacement of bulbs and batteries). Tenant shall maintain conduct quarterly tests on emergency lighting and provide Landlord a service copy of each such test. Bulbs, ballasts and maintenance contract for regular service inspectionlight fixtures shall be replaced whenever they fail. All bulbs, batteries, ballasts and emergency and extraordinary repair fixtures of the air conditioning unit(s) on the Premises), lighting systems must be in working order upon lease termination. Tenant’s obligations shall include all necessary repairs and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repairreplacements, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and a s well as extraordinary, however the necessity or desirability for foreseen as well as unforeseen. All such repairs and replacements shall occurbe of first class quality and sufficient for the proper maintenance and operation of the Premises. Tenant shall keep and maintain the Premises safe, secure and clean, specifically including, but not by way of limitation, removal of waste and refuse matter. Tenant shall not permit anything to be done upon the Premises (and shall use perform all reasonable precautions maintenance and repairs thereto so as not) to invalidate, in whole or in part any warranties, or prevent wastethe procurement of any insurance policies that may, damage at any time, be required under the provisions of this Lease. Tenant shall not obstruct or injury to permit the Premisesobstruction of any parking area, except for any repairs adjoining street or replacements that are necessitated by sidewalk. Notwithstanding the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenantforegoing, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, not be obligated to improve the ADA), and all rules and regulations condition of any governmental authority having jurisdiction over the PremisesPremises on the Commencement Date.
Appears in 1 contract
Samples: Lease Agreement (Nautilus, Inc.)
Tenant’s Obligations. Except for those portions of During the Premises which first lease year, DISTRICT shall be maintainedresponsible for, repaired and replaced by the Landlord as provided in Section 10.2 and elsewhere in this Lease, Tenant shall, shall at all times during the Term of this Agreement, maintain and keep the whole and every part of the leased Premises, and all property and improvements therein situated, in good repair, including without limitation all plumbing, heating and electrical installations and equipment, all utilities, air conditioning and mechanical equipment, hardware, plate glass doors and windows, painting, decorating, and landscape; provided, however Tenant shall be responsible for maintaining the outside grounds of the Premises during the first lease year. From and after the second lease year, TENANT shall be responsible for, and shall at all times during the Term of this Agreement, maintain and keep the whole and every part of the leased Premises, and all property and improvements therein situated, in good repair, including without limitation all plumbing, heating and electrical installations and equipment, all utilities, air conditioning and mechanical equipment, hardware, plate glass doors and windows, painting, decorating, and landscape; provided, however, (a) TENANT’s obligation for maintenance under this Section 6.1 in each such lease year (specifically excluding its maintenance obligations with respect to the outside grounds of the Premises) shall not exceed annual sum of $55,000 for each such lease year (the “Annual Cap”) (costs of ground care shall not be included in the calculation of the Annual Cap), and/or (b) subject to the terms and provisions of Sections 12 and 17 of this Lease, the DISTRICT shall be responsible for the costs of any repairs to the Premises in excess of the Annual Cap for any such lease year, unless such damage was caused by the gross negligence or willful misconduct of Tenant, in which case, Tenant shall be responsible for the full costs of such repairs. All TENANT repairs must be performed by licensed and fully insured contractors, and prior to commencement of any such work (y) TENANT shall identify to the DISTRICT the names of the contractors and subcontractors who will perform it, and (z) provide proof of insurance, and any bids or proposals for the repairs to be undertaken as well as final invoices. TENANT shall also provide DISTRICT proof of TENANT payment of such contractors for work performed by them, up to the Annual Cap. DISTRICT shall have the right after reasonable notice to TENANT, to demand Tenant to make any repairs that Tenant is responsible for under this Lease, and if TENANT refuses, or fails to provide written confirmation to District of its willingness, promptly to begin the repairs so noticed, and to complete same with reasonable diligence, DISTRICT may, at its sole cost option, cause such repairs to be made, for which purpose DISTRICT and expenseDISTRICT’S agents shall have full access to the leased Premises. TENANT shall, keepon demand by DISTRICT, clean, maintain, repair pay DISTRICT as Rent all of DISTRICT’s costs and replace all interior, non-structural portions of expenses that Tenant is responsible for under this Lease (subject to the Premises, including, without limitation, all exterior and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coverings, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving the Premises (on which Tenant shall maintain a service and maintenance contract for regular service inspection, and emergency and extraordinary repair of the air conditioning unit(s) on the PremisesAnnual Cap), and including therein the interior fire sprinkler system costs of its time and personnel involved in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear exceptedmaking such repairs. In furtherance thereof, Tenant TENANT shall promptly make all necessary and desirable repairs and replacements any alterations required by any governmental authority. DISTRICT shall not be liable to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, except TENANT for any repairs or replacements that are necessitated damages resulting from furnishing and equipment installed by TENANT in and upon the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any governmental authority having jurisdiction over the leased Premises.
Appears in 1 contract
Samples: Lease Agreement
Tenant’s Obligations. Except for those portions of the Premises which shall be maintained, repaired and replaced by the Landlord as provided in Section 10.2 and elsewhere in this Lease, Tenant shallTenant, at all times during the Term of this Lease, at its Tenant’s sole cost and expense, keep, clean, shall maintain, repair and replace all interior, non-structural portions of the PremisesPremises that are not Landlord’s responsibility under the preceding Section in good order, includingcondition, and repair, including without limitation, the following: (a) all exterior HVAC, plumbing, electrical, sewerage and mechanical systems serving only the Premises; (b) all fixtures, interior windows (includingwalls, without limitationfloors, plate glass windows)carpets, doors and entrancesdraperies, floor window coverings, and ceilings; (c) all exterior windows, doors, entrances, and interior signs plate glass; and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and (d) any fire detection or extinguisher equipment within the Premises that Landlord does not maintain. Tenant shall also maintain the lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving the Premises (on which including replacement of bulbs and batteries). Tenant shall maintain conduct quarterly tests on emergency lighting and provide Landlord a service copy of each such test. Bulbs, ballasts and maintenance contract for regular service inspectionlight fixtures shall be replaced whenever they fail. All bulbs, batteries, ballasts and emergency and extraordinary repair fixtures of the air conditioning unit(s) on the Premises), lighting systems must be in working order upon lease termination. Tenant’s obligations shall include all necessary repairs and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repairreplacements, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and as well as extraordinary, however the necessity or desirability for foreseen as well as unforeseen. All such repairs and replacements shall occurbe of the quality received at the Commencement Date and shall be sufficient for the proper maintenance and operation of the Premises. Tenant shall keep and maintain the Premises safe, secure and clean, specifically including, but not by way of limitation, removal of waste and refuse matter. Tenant shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part any warranties, or prevent the procurement of any insurance policies that may, at any time, be required under the provisions of this Lease. Tenant shall not obstruct or permit the obstruction of any parking area, adjoining street or sidewalk and Landlord shall uniformly require all tenants in the Project to comply with this provision. In the event that Tenant shall replace one or more elements of the HVAC system costing $5,000.00 or more per element (the “Replaced Elements”), during the final two (2) years of the then current Term, and the Lease is not extended or renewed, Landlord shall use all reasonable precautions pay to prevent waste, damage or injury to Tenant at the Premises, except expiration of this Lease the unamortized cost of the Replaced Elements based on a five (5) year amortization (the “Unamortized Cost”). Landlord’s prior approval shall be required for any repairs or replacements that are necessitated by Required Element for which Landlord may be obligated to pay the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any governmental authority having jurisdiction over the PremisesUnamortized Cost.
Appears in 1 contract
Samples: Lease (Ecost Com Inc)
Tenant’s Obligations. Except Subject to the provisions of Sections 3.01, 3.08 and 4.03 hereof, commencing on the Commencement Date, Tenant will pay to Landlord as Additional Rent along with each Base Rent payment its prorata share (66%) ("Prorata Share") of Operating Expenses (as hereinafter defined). The Tenant's Prorata Share of Operating Expenses payable hereunder for the Operating Years in which the Demised Term begins and ends shall be prorated to correspond to that portion of said Operating Years occurring within the Demised Term. In the event the existing building is expanded or other improvements are constructed on the Premises, Tenant's Prorata Share shall be adjusted accordingly. In addition, subject to the provisions of Section 3.08 hereof, Tenant will pay to Landlord, as an Operating Expense, its Prorata Share of all real estate taxes, personal property taxes, excise taxes, applicable sales tax, business and occupation taxes, occupational license taxes, water charges, and sewer charges, (each such tax, water charge, sewer charge, etc. which Tenant is obligated to pay hereunder being hereinafter sometimes called collectively "Taxes" and each a "Tax"), except only those portions taxes specifically excluded by Section 3.08 hereof, which, at any time during the Demised Term hereof, shall be or become due and payable and which:
(a) shall be levied, assessed or imposed upon or against the Premises or any portion thereof, or any interest of Landlord therein or under this Lease; or
(b) shall be or become liens upon or against said Premises or any portion thereof, or any such interest of Landlord therein, or under this Lease; or
(c) shall be levied, assessed or imposed upon or against Landlord by reason of any actual or asserted engagement by Landlord, directly or indirectly, in any business, occupation or other activity in connection with the Premises or any portion thereof; or
(d) shall be levied, assessed or imposed upon or against, or which shall be measured by, any rents or rental income, as such, payable to or on behalf of Landlord, in connection with the Premises or any portion thereof, or any interest of Landlord therein; or
(e) shall be levied, assessed or imposed upon or in connection with the ownership, leasing, management, maintenance, repair, use or occupancy of the Premises which shall be maintainedor any portion thereof; under or by virtue of any present or future law, repaired and replaced by the Landlord as provided in Section 10.2 and elsewhere in this Leasestatute, Tenant shallordinance, at all times during the Term regulation or other requirement of this Leaseany governmental authority whatsoever, at its sole cost and expense, keep, clean, maintain, repair and replace all interior, non-structural portions of the Premises, including, without limitation, all exterior and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coverings, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving the Premises (on which Tenant shall maintain a service and maintenance contract for regular service inspection, and emergency and extraordinary repair of the air conditioning unit(s) on the Premises), and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable whether federal, state, county county, city, municipal or otherwise, it being the intention of the parties hereto that, insofar as the same may lawfully be done, Landlord shall be free from all such expenses and local laws all such real estate taxes, personal property taxes, excise taxes, applicable sales tax, business and ordinances occupation taxes, occupational license taxes, water charges, sewer charges, assessments and other governmental impositions and charges, except only those taxes specifically excluded by Section 3.08 hereof.
(includingf) Notwithstanding the foregoing Tenant shall be solely liable for any and all taxes, without limitationassessments, liens and encumbrances against Landlord or the ADAPremises imposed on or arising from, for or by reason of any or all of (i) Tenant's compliance or noncompliance with its obligations for or by reason of any Environmental Law, whether for or under this Lease or any other Agreement made between Tenant or any of its predecessors or affiliates and Landlord or any of its predecessors or affiliates (expressly including that certain Agreement of Sale made on or about March 13, 2018 (the "Sale Agreement") or the Access Agreement dated of even date herewith governing Tenant's obligations as Seller for remediation activities at the Premises (the "Access Agreement"), (ii) spills, discharges or conditions of Hazardous Materials at or about the Premises to the extent Tenant or any of its predecessors or affiliates has liability for or by reason of same under Environmental Law, this Lease or any other Agreement made between Tenant or any of its predecessors or affiliates and all rules Landlord or any of its predecessors or affiliates, or (iii) permits, approvals, or the like for or by reason of remediation at and regulations about the Premises conducted by or for Tenant or any of any governmental authority having jurisdiction over its predecessors or affiliates. The undertakings, covenants and obligations imposed on Tenant under this Section 3.02(f) shall survive the Premisestermination or expiration of this Lease.
Appears in 1 contract
Samples: Agreement of Sale (Blonder Tongue Laboratories Inc)
Tenant’s Obligations. Except for those portions of the Premises which shall be maintained, repaired and replaced by the Landlord as provided items described in Section 10.2 9.A above which are required to be maintained and elsewhere repaired by Landlord or as described in this LeaseSection 9.B below, Tenant shall, at all times during the Term of this Lease, at its sole cost and expense, keep, shall clean, maintain, repair and replace when necessary the Buildings and every part thereof through regular inspections and servicing, including but not limited to the following to the extent Landlord does not elect to maintain the same as Reimbursable Operating Costs (as defined in Section 9.C below): (i) all interiorplumbing and sewage facilities, non-structural portions of the Premises(ii) all heating ventilating and air conditioning facilities and equipment, including(iii) all fixtures, without limitationinterior walls, floors, carpets and ceilings, (iv) all exterior and interior windows (includingwindows, without limitationdoor entrances, plate glass windows), doors and entrances, floor coveringsglazing systems including caulking, and skylights other than washing of exterior surfaces of Building exterior window, (v) all exterior electrical facilities and interior signs and all interior walls, partitions, fixtures, equipment, systems (vi) all automatic fire extinguisher equipment, (vii) all elevator equipment and other appurtenances, including, without limitation, all electrical (viii) the roof membrane system. All wall surfaces and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems floor tile are to be maintained in or serving the Premises (on which Tenant shall maintain a service and maintenance contract for regular service inspection, and emergency and extraordinary repair of the air conditioning unit(s) on the Premises), and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, good condition and repair, ordinary normal wear and tear exceptedand casualty excepted (subject to Section 16 below). In furtherance thereofWith respect to items (ii), (vii) and (viii) above, Tenant shall make provide Landlord a copy of a service contract between Tenant and a licensed service contractor providing for periodic maintenance of all necessary such systems or equipment in conformance with the manufacturer’s recommendations. Tenant shall provide Landlord a copy of such preventive maintenance contracts and desirable repairs paid invoices for the recommended work if requested by Landlord. To the extent that any item in (i) through (viii) above is determined by Landlord to be for the benefit of more than one (1) tenant or occupant of the Buildings or Project, Landlord may assume the obligation to clean, maintain, repair and replacements replace the same as Reimbursable Operating Costs (as defined in Section 9.D below) and Tenant shall during the period of such assumption have no obligation to clean, maintain, repair or replace such item. Notwithstanding this Section 9.B above, if Tenant determines that any Building components located in or servicing the Premises, ordinary and extraordinary, however the necessity Premises which Tenant is required to repair (other than Tenant Improvements or desirability for repairs and replacements shall occurAlterations or work required of Tenant to comply with applicable Laws pursuant to Section 8.C) are in need of material repair or replacement, and shall use all reasonable precautions to prevent waste, damage or injury to (i) the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct cost of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances such repair replacement is in excess of Twenty Five Thousand Dollars (including, without limitation, the ADA$25,000), and all rules and regulations (ii) the material repair or replacement constitutes a capital cost under generally accepted accounting principles, then Tenant shall notify Landlord of any governmental authority having jurisdiction same in writing. If Tenant notifies Landlord of the foregoing pursuant to the prior sentence, then Landlord shall cause such repair or replacement (whether an item is repaired or replaced shall be determined by Landlord in its reasonable discretion) to be made, subject to reimbursement by Tenant as follows: The entire cost incurred by Landlord with respect to such work, together with interest thereon at the Agreed Interest Rate, shall be amortized over the Premisesuseful life of the capital repair or replacement, as reasonably determined by Landlord in accordance with generally accepted accounting principles, and the monthly amortized cost (and interest thereon) shall be a Reimbursable Operating Cost to be paid by Tenant under this Lease until the earlier of the Expiration Date or the date that the entire cost of such work and interest thereon has been reimbursed to Landlord.
Appears in 1 contract
Samples: Lease Agreement (ServiceNow, Inc.)
Tenant’s Obligations. Except Tenant shall pay, prior to delinquency, all -------------------- charges and fees required to be paid by Tenant under Article IV of this Lease. Landlord may, but shall have no obligation to, install (i) at Tenant's cost separate meters to measure the consumption by Tenant of utility resources including by not limited to, electricity, or (ii) meters to measure such utility resource consumption by two (2) or more tenants, the pro rata share of Tenant and each such other tenant(s) for those portions both installation and resource usage to be equitably determined by Landlord. Tenant shall not without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, and machines using excess lighting or using current in excess of 110 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as general office space; nor connect with electric current, except though existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall require water or electric current or any other resource in excess of that usually furnished or supplied for use of the Premises as general office space, Tenant shall first procure the consent of Landlord which Landlord may refuse, to the use thereof. The cost of any electrical or other distribution equipment above building standard minimum and of installation, maintenance, and repair thereof shall be maintainedpaid for by Tenant; space for electrical or other distribution equipment (including but not limited to electrical panels, repaired switches, feeders, subfeeders and replaced by the Landlord as transformers) shall be provided in Section 10.2 the Premises as required by code and elsewhere in this Leasegood space planning procedures, as determined by Landlord. Tenant shallagrees to pay Landlord promptly upon demand by Landlord for all such water, electric current or other resource consumed, as shown by said meters, at all times during additional expense incurred in keeping account of the Term of this Leasewater, electric current or other resource so consumed. Tenant shall be responsible for finding space within the Premises for Tenant's telephone system, equipment, and cable and shall obtain permits required by law and Tenant shall be responsible at its sole cost and expense, keep, clean, maintain, repair expense for the installation thereof. Any sums payable pursuant to the foregoing provisions of this Section 8.04 shall be considered additional rent and replace all interior, non-structural portions may be added to any installment of the Premises, including, without limitation, all exterior and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coveringsrent thereafter becoming due, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems Landlord shall have the same remedies for a default in or serving the Premises (on which Tenant shall maintain payment of such sum as for a service and maintenance contract for regular service inspection, and emergency and extraordinary repair of the air conditioning unit(s) on the Premises), and the interior fire sprinkler system default in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct payment of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any governmental authority having jurisdiction over the Premisesrent.
Appears in 1 contract
Tenant’s Obligations. Except for those portions Landlord’s maintenance and repair obligations under Xxxxxxx 0.X, Xxxxxxx 0.X, Section 15.E and Section 16 of the Premises which shall be maintained, repaired and replaced by the Landlord as provided in Section 10.2 and elsewhere in this Lease, Tenant shall, at all times during the Term of this Lease, at its sole cost and expense, keep, shall clean, maintain, repair and replace when necessary the Building and every part thereof through regular inspections and servicing, including but not limited to the following, to the extent Landlord does not elect to maintain the same as Reimbursable Operating Costs: (i) all interiorplumbing and sewage facilities, non-structural portions of the Premises(ii) all heating ventilating and air conditioning facilities and equipment, including(iii) all fixtures, without limitationinterior walls, floors, carpets and ceilings, (iv) all exterior and interior windows (includingwindows, without limitationdoor entrances, plate glass windowsand glazing systems including caulking, and skylights, (v) all electrical facilities and equipment, (vi) all automatic fire extinguisher equipment, (vii) the parking lot, (viii) all elevator equipment, (ix) the roof membrane system, and (x) all waterscape, landscaping and shrubbery. All wall surfaces and floor tile are to be maintained in an as good a condition as when Tenant took possession free of holes, gouges, or defacements. With respect to items (ii), doors (viii) and entrances(ix) above, floor coveringsTenant shall provide Landlord a copy of a service contract between Tenant and a licensed service contractor providing for periodic maintenance of all such systems or equipment in conformance with the manufacturer’s recommendations. Tenant shall provide Landlord a copy of such preventive maintenance contracts and paid invoices for the recommended work if requested by Landlord. To the extent that any item in (i) through (x) above is determined by Landlord to be for the benefit of more than one (1) tenant or occupant of the Building or Project, Landlord shall assume the obligation to clean, maintain, repair and all exterior replace the same as Reimbursable Operating Costs (as defined in Section 9.D below) and interior signs and all interior wallsTenant shall have no obligation to clean, partitionsmaintain, fixturesrepair or replace such item. Notwithstanding this Section 9.B above, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems if Tenant determines that any of the following located in or serving servicing the Premises (on which other than Tenant shall maintain a service and maintenance contract for regular service inspectionImprovements or Alterations) or the Project are in need of material repair or replacement, and emergency and extraordinary (i) the cost of such repair replacement is in excess of the air conditioning unit(s) on the PremisesSeventy-five Thousand Dollars ($75,000), and (ii) the interior material repair or replacement constitutes a capital cost under generally accepted accounting principles, then Tenant shall notify Landlord of same in writing: (i) fire sprinkler system and life safety systems, (ii) fire pumps, (iii) elevators, (iv) roof membrane and (v) HVAC units. Tenant notifies Landlord of the foregoing, then Landlord shall cause such repair or replacement (whether an item is repaired or replaced shall be determined by Landlord in its reasonable discretion) to be made, subject to reimbursement by Tenant as follows: (1) the first Seventy-Five Thousand Dollars ($75,000) of such cost shall be paid by Tenant not later than thirty (30) days after demand for payment is delivered to Tenant, and Landlord shall not be required to contract for or begin such work until such amount has been paid to Landlord, and (2) the balance of such cost together with interest thereon at the Agreed Interest Rate shall be amortized over the useful life of the capital repair or replacement, as reasonably determined by Landlord in accordance with generally accepted accounting principles, and the monthly amortized cost shall be paid by Tenant to Landlord as additional rent on the first day of each calendar month during the remaining Lease Term. If a capital repair (including resurfacing and restriping) to the parking lot of the Project is required in the Premiseslast five (5) years of the Lease Term, and the cost of such repair replacement is in goodexcess of Seventy-five Thousand Dollars ($75,000), cleanthen Landlord shall cause such replacement to be made, sanitary and safe ordersubject to reimbursement by Tenant in the same manner as provided in the immediately preceding paragraph. If the cost of any material repair or replacement is Seventy-five Thousand Dollars ($75,000) or less, condition and repairthen such cost shall be a Reimbursable Operating Cost, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any governmental authority having jurisdiction over the Premisesextent properly included therein.
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Tenant’s Obligations. Except Tenant shall be solely responsible for, and except as set forth in the following sentence, shall promptly pay directly to the applicable service provider, the cost of all utility services used or consumed in connection with the Premises, including, by way of example but not limitation, all electric and gas, and Tenant shall apply and arrange for those portions such services directly with such utility companies. Tenant shall be solely responsible for, and shall promptly reimburse Landlord subject to Section 4.03 hereof, for the cost of all water and utility services used or consumed in connection with the Premises. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Premises would result in an overload of the Premises which electrical circuits servicing the Premises, and Tenant covenants and agrees that at all times its use of electric current shall be maintainednever exceed the capacity of the then existing feeders to the Building, repaired or the wiring installation therein. In addition, and replaced by the Landlord except as provided in Section 10.2 and elsewhere otherwise expressly set forth in this Lease, Tenant shallshall procure and pay for all telephone, security and telecommunications systems, and all other utilities and services of every type, used at the Premises (collectively, the “Services”), together with any taxes, penalties, surcharges or the like pertaining thereto. Tenant shall contract directly with all times during the Term providers of this LeaseServices. Tenant hereby acknowledges that, at except with regard to any monitoring systems that Landlord may in its sole cost and expensediscretion elect to implement in connection with the Park or the exterior of the Building, keep, clean, maintain, repair and replace all interior, non-structural portions Landlord shall have no obligation whatsoever to provide guard service or other security measures for the benefit of the Premises, includingand Landlord shall have no liability to Tenant due to its failure to provide such services. Tenant assumes all responsibility for the protection of Tenant, without limitationits agents, all exterior employees, contractors and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coverings, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving the Premises (on which Tenant shall maintain a service and maintenance contract for regular service inspection, and emergency and extraordinary repair of the air conditioning unit(s) on the Premises), invitees and the interior fire sprinkler system in the Premisesproperty of Tenant and of Tenant’s agents, in goodemployees, clean, sanitary contractors and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct invitees from acts of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any governmental authority having jurisdiction over the Premisesthird parties.
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Tenant’s Obligations. Except for those portions of the Premises which shall be maintained, repaired and replaced by the Landlord as provided in Section 10.2 and elsewhere in this Lease, Tenant shall, at all times during the Term of this Lease, at its sole cost and expense, keep, clean, maintain, repair and replace all interior, non-structural portions of the Premises, including, without limitation, all exterior and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coverings, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all those HVAC Systems in or serving only the Premises (on which Tenant shall maintain a service and maintenance contract for regular service inspection, and emergency and extraordinary repair of the air conditioning unit(s) on the Premises), and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any governmental authority having jurisdiction over the Premises.
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Tenant’s Obligations. Except for those portions of the Premises which shall be maintained, repaired and replaced by the Landlord as provided in Section 10.2 and elsewhere in this Lease, Tenant shall, at its sole cost, keep and maintain and repair and said Premises and appurtenances and every part hereof, including but not limited to, roof membrane, glazing, sidewalks, parking areas, telephone, plumbing, electrical and HVAC systems, and all times during the Term Tenant Improvements in good and sanitary order, condition, and repair. Tenant shall enter into a service contract with a licensed air-conditioning and heating contractor which contract shall provide for maintenance of all air conditioning and heating equipment at the Premises in accordance with general industry practices. Tenant shall pay the cost of all air-conditioning heating, and elevator equipment repairs which are either excluded from such service contract or any existing equipment warranties. All wall surfaces and floor tile are to be maintained in an as good a condition as when Tenant took possession free of holes, gouges, or defacements, except for damage resulting from normal wear and tear, casualty or other acts of God, Landlord, Landlord’s agents, employees, contractors or invitees (“Landlord Parties”) In no event, however, shall Tenant’s obligation to repair under this Leasesubsection extend to (i) damage and repairs covered under any insurance policy carried by Landlord in connection with the Building; (ii) damage caused in whole or in part by the negligence or willful misconduct of Landlord or Landlord’s agents, employees, invitees or licensees, (iii) reasonable wear and tear; (iv) conditions covered under any warranties of contractors; or (v) damage by fire and other casualties, or acts of governmental authorities, or acts of God and the elements. Tenant shall also be responsible, at its sole cost and expense for the preventive maintenance of the membrane of the roof, which responsibility shall be deemed properly discharged if (i) Tenant contracts with a licensed roof contractor who is reasonably satisfactory to both Tenant and Landlord, at Tenant’s sole cost, to inspect the roof membrane at least every six (6) months, with the first inspection due the sixth (6th) month after the Commencement Date, and (ii) Tenant performs, at Tenant’s sole cost, all preventive maintenance recommendations made by such contractor within a reasonable tune after such recommendations are made. Such preventive maintenance might include acts such as clearing storm gutters and drains, removing debris from the roof membrane, trimming trees overhanging the roof membrane, applying coating materials to seal roof penetrations, repairing blisters, and other routine measures. Tenant make available for Landlord’s inspection such preventive maintenance contracts and paid invoices for the recommended work. Tenant agrees, at its expense, keepto water, cleanmaintain and replace, maintainwhen necessary, repair any shrubbery and replace all interior, non-structural portions of the Premises, including, without limitation, all exterior and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coverings, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving the Premises (on which Tenant landscaping. Nothing herein shall maintain a service and maintenance contract for regular service inspection, and emergency and extraordinary repair of the air conditioning unit(s) on the Premises), and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct of require either Landlord or anyone claiming by, through or under Landlord. In connection with Tenant to replace any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any governmental authority having jurisdiction over the PremisesImprovements.
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Tenant’s Obligations. Except for those portions of the Premises which shall be maintained, repaired and replaced by the Landlord as otherwise provided in Section 10.2 and elsewhere in this Lease, Landlord shall have no maintenance obligation concerning the Premises and no obligation to make any repairs or replacements, in, on, or to the Premises. Subject to Landlord’s obligations under Section 7.2 below, and Article 11 and Article 13 hereof, Tenant shall, at Tenant’s own expense, pursuant to and in accordance with the terms of this Lease, including without limitation Article 8 hereof, keep the non-structural components of the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term (including, electrical and mechanical systems not considered part of the “Building Systems” (as defined below) that have been installed for the exclusive use and benefit of Tenant such as additional HVAC equipment, hot water heaters, electronic, data, phone, and other telecommunications cabling and related equipment, and security or telephone systems for the Premises). Tenant shall not commit or allow to be committed any waste on any portion of the Premises. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior written approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, at its sole cost including without limitation Article 8 hereof, promptly and expense, keep, clean, maintain, adequately repair all damage to the Premises and replace or repair all interiordamaged, non-structural portions of the Premisesbroken, including, without limitation, all exterior or worn fixtures and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coverings, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving the Premises (on which Tenant shall maintain a service and maintenance contract except for regular service inspection, and emergency and extraordinary repair of the air conditioning unit(s) on the Premises), and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repair, damage caused by ordinary wear and tear excepted. In furtherance tear; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs within the time and in the manner required by this Lease, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord upon demand the cost thereof, Tenant shall make including a percentage of the cost thereof sufficient to reimburse Landlord for all necessary overhead, general conditions, fees and desirable other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises, ordinary and extraordinary, however the necessity Premises or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, except for Project or to any repairs equipment located in the Project as Landlord shall desire or replacements that are necessitated deem necessary or as Landlord may be required to do by the negligence governmental or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any quasi-governmental authority having jurisdiction over the Premisesor court order or decree.
Appears in 1 contract
Samples: Office Lease (Oxigene Inc)
Tenant’s Obligations. Except for those portions of the Premises which shall be maintained, repaired and replaced by the Landlord as provided in Section 10.2 the Landlord’s Obligations section of this article, Landlord shall have no maintenance obligation concerning the Premises and elsewhere no obligation to make any repairs or replacements, in, on, or to the Premises. Tenant assumes the full and sole responsibility for the condition, operation, repair, replacement, and maintenance of the Premises, including all improvements, throughout the Lease Term, except to the extent expressly set forth in the Landlord’s Obligations section of this Leasearticle. Tenant shall maintain the Premises in good repair and in a clean, attractive, first-class condition. Without limiting the generality of foregoing, Tenant shallshall repair, at all times during replace, and maintain in good and operational order and condition the Term of this Lease, at its sole cost and expense, keep, clean, maintain, repair and replace all interior, non-structural nonstructural interior portions of the Premises, including, without limitation, all exterior and interior windows (includingportions of all doors and lock sets, without limitationdoor frames, and door checks, interior windows, plate glass windows), doors and entranceswindow glass, floor coverings, and all exterior and interior signs and all interior wallswall coverings, partitionsdecorations, furniture, fixtures, equipment, systems and other appurtenances, including, without limitation, all appliances and the electrical and lighting mechanical systems not considered Building Project standard that have been installed for the exclusive use and fixturesbenefit of Tenant such as additional HVAC equipment, hot water heaters, electrical services for computers or similar items, and security or telephone systems for the Premises. All replacements shall be of equal quality and class to the original items replaced. Tenant shall not commit or allow to be committed any waste on any portion of the Premises. Tenant shall be solely responsible for all plumbing systems of Landlord’s reasonable out-of-pocket costs incurred in removing the tobacco odor and fixtures, all HVAC Systems in any staining or serving damage to the Premises (on which Tenant shall maintain as a service and maintenance contract for regular service inspectionresult of Tenant, and emergency and extraordinary repair or its employees, agents, contractors, invitees, or guests smoking any tobacco or tobacco related product in the Premises in violation of the air conditioning unit(s) on the Premises), Rules and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, except for any repairs or replacements that are necessitated by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any governmental authority having jurisdiction over the PremisesRegulations.
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Tenant’s Obligations. Except Tenant shall at all times and at -------------------- its own expense clean, keep and maintain in good order, condition and repair every part of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A.(i), except for those any damage thereto caused by the negligence or willful acts or omissions of Landlord or Landlord's Agents. Tenant's repair and maintenance obligations shall include, all plumbing and sewage facilities within the Premises, fixtures, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premises. Landlord will obtain HVAC systems preventive maintenance contracts with quarterly service in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance including annual maintenance of duct work, interior unit drains and caulking at sheet metal and recaulking of jacks and vents. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. The cost of any repair or replacement of Capital Equipment in or on the Premises, including but not limited to the roof and HVAC equipment, shall be amortized over the useful life of the Equipment, as established by the manufacturer or supplier of such an item, but in no event to exceed fifteen (15) years. Such amortization shall be based on the Tenant paying for a pro rata share of such cost by taking the remaining Lease Term and dividing it by the useful life, but in no case shall this ratio exceed 100%. If Tenant extends this Lease, it will reimburse Landlord for any unamortized portion of this cost during that extension, and any other portions of the Premises to be maintained by Tenant. Notwithstanding the foregoing, Tenant shall have no obligation to perform any item of repair or maintenance, or to pay any cost as part of Outside Area Expenses, as defined below, or otherwise, which shall be maintained, repaired and replaced is: (i) necessitated by the acts or omissions of Landlord or Landlord's Agents; (ii) occasioned by fire, acts of God or other casualty; (iii) required as provided in Section 10.2 and elsewhere in this Lease, Tenant shall, at all times during the Term a consequence of this Lease, at its sole cost and expense, keep, clean, maintain, repair and replace all interior, non-structural portions of the Premises, including, without limitation, all exterior and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coverings, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving the Premises (on which Tenant shall maintain a service and maintenance contract for regular service inspection, and emergency and extraordinary repair of the air conditioning unit(s) on the Premises), and the interior fire sprinkler system any construction defect in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance thereof, Tenant shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity ; (iv) reimbursable by third parties; or desirability for repairs and replacements shall occur, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises, (v) properly treated as a Capital Improvement (except for any repairs or replacements that are necessitated by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADAas provided below), and all rules and regulations of any governmental authority having jurisdiction over the Premises.
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Tenant’s Obligations. Except for those portions Tenant agrees to put and maintain the Premises in a first class condition (including, but not limited to, performance of Tenant's Work pursuant to Article 39), damage by fire and other casualty only excepted, and whenever necessary, to replace plate glass and other glass therein, acknowledging that the Tenant is taking the Premises in "as is" condition (including the heating, ventilation and air conditioning system). Tenant shall perform all maintenance not expressly covenanted to be performed by Landlord. Tenant shall not permit the Premises to be overloaded, damaged, stripped or defaced, nor suffer any waste. Tenant shall not place on the exterior of exterior demising walls (including both interior and exterior surfaces of windows and doors) or on any part of the Building outside the Premises, any signs, symbol, advertisement or the like visible to public view outside of the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, and the issuance of any required governmental permits or approvals. Tenant shall cause garbage and refuse to be properly stored within the Premises and removed by the refuse at Tenant's sole cost and expense. Until such removal is effected, Tenant shall keep all garbage or refuse suitably covered so that the same is not visible to the public, and Tenant shall prevent pest and vermin infestation of same. Tenant shall enter into an extermination contract with an extermination company of national reputation which will provide the Premises with weekly extermination. The entire cost for this service shall be maintained, repaired paid by Tenant and replaced a copy of the contract must be submitted by Tenant to Landlord at least ten (10) days prior to the Landlord as provided in Section 10.2 and elsewhere in opening of its operation or the Rent Commencement Date of this Lease, whichever is first to occur. Tenant shall, at its own cost and expense, employ first-class contractors (duly licensed and trained for the applicable equipment) to perform all times during of Tenant's repair and maintenance obligations for the Term heating/cooling and ventilating systems (HVAC), all grease traps, restaurant fire suppression system, smoke and heat detector systems and kitchen exhaust system, which systems shall be maintained in a first class condition, consistent with all manufacturer's specifications and all applicable governmental regulations. A copy of each such contract must be submitted by Tenant to Landlord upon written demand therefor at least ten (10) days prior to the opening of its operation or the Rent Commencement Date of this Lease, at its sole cost whichever is earlier. If the Tenant fails to employ a contractor for the purposes described herein above, then the Landlord may employ such a contractor and expense, keep, clean, maintain, repair and replace all interior, non-structural portions of the Premises, including, without limitation, all exterior and interior windows (including, without limitation, plate glass windows), doors and entrances, floor coverings, and all exterior and interior signs and all interior walls, partitions, fixtures, equipment, systems and other appurtenances, including, without limitation, all electrical and lighting systems and fixtures, all plumbing systems and fixtures, all HVAC Systems in or serving the Premises (on which Tenant shall maintain a service and maintenance contract be responsible for regular service inspection, and emergency and extraordinary repair of the air conditioning unit(s) on the Premises), and the interior fire sprinkler system in the Premises, in good, clean, sanitary and safe order, condition and repair, ordinary wear and tear excepted. In furtherance cost thereof, Tenant which cost shall make all necessary and desirable repairs and replacements to the Premises, ordinary and extraordinary, however the necessity or desirability for repairs and replacements shall occur, be charged as Additional Rent hereunder and shall use all reasonable precautions to prevent waste, damage be due and payable upon demand. Unless a greater frequency or injury to the Premises, except for any repairs or replacements that are necessitated scope off maintenance is otherwise specified in writing by the negligence or misconduct of Landlord or anyone claiming by, through or under Landlord. In connection with any maintenance, repairs or replacements conducted by, through or under Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations manufacturer of any governmental authority having jurisdiction over the Premisessuch equipment such maintenance shall include (i) at least semi-annual inspections and cleaning of said units and systems, together with such adjustments and servicing as each such inspection discloses to be required and (ii) all repairs, testing and servicing as shall be necessary or reasonably required by Landlord's insurance underwriter.
Appears in 1 contract
Samples: Commercial Lease (Smith & Wollensky Restaurant Group Inc)