Common use of Tenant’s Obligations Clause in Contracts

Tenant’s Obligations. 9.2.1 Tenant shall, at all times during the Term and at Tenant's sole cost and expense, keep the Premises and every part thereof including structural and non-structural in good order, condition and repair, ordinary wear and tear and casualty as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. Tenant's repair and maintenance obligations shall include all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to the Premises (whether or not such portion of the Premises requiring repairs, or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises). Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) years.

Appears in 6 contracts

Samples: Lease Agreement (Firstamerica Automotive Inc /De/), Lease Agreement (Firstamerica Automotive Inc /De/), Lease Agreement (Firstamerica Automotive Inc /De/)

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Tenant’s Obligations. 9.2.1 Subject to the provisions of Paragraph 7.2 (Landlord's Obligations), Paragraph 9 (Damage or Destruction) and Paragraph 14 (Condemnation), Tenant shall, at all times during the Term and at Tenant's sole cost and expenseexpense and at all times, keep the Premises and every part thereof including structural and non-structural in good order, condition and repairrepair including, ordinary wear and tear and casualty as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. Tenant's repair and maintenance obligations shall include without limiting the generality of the foregoing, all equipment or facilities specifically and exclusively serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrantsconnectors if within the Premises, fixtures, walls (interior and exterior)walls, foundationsinterior surfaces of exterior walls, ceilings, roof, floors, windows, doors, plate glass, and skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent but excluding any items which are the responsibility of Landlord pursuant to Paragraph 7.2 below. Tenant shall through the Premises (whether or not such portion of the Premises requiring repairs, or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of term maintain at Tenant's useexpense HVAC maintenance contracts reasonably acceptable to Landlord. Except as hereinafter provided, any prior use, the elements or the age of such portion of the Premises). Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair, reasonable wear and tear and (in the case of the Premises) damage by casualty or taking by eminent domain excepted . IfNotwithstanding the foregoing, inclusive of Tenant's occupancy pursuant obligations hereunder shall not apply to earlier lease agreement(sany capital expenditure (including any replacement of a capital item) and amendments thereto, Tenant has occupied the Premises need for seven which shall not have arisen due to (7i) years or more, Landlord may require the failure by Tenant to repaint perform ordinary repairs and maintenance (ii) the exterior negligence or other wrongful acts of the buildings on the Premises as reasonably required, but not more frequently than once every seven any Tenant Entity or (7iii) yearsany alterations or installations made by Tenant.

Appears in 3 contracts

Samples: Keep Your Day (Smarterkids Com Inc), Learningstar Inc, Smarterkids Com Inc

Tenant’s Obligations. 9.2.1 Subject to the provisions of Paragraph 7.2 of this lease (entitled "Landlord's Obligations"), Paragraph 9 of this lease (entitled "Damage or Destruction") and Paragraph 14 of this lease (entitled "Condemnation"), Tenant shall, at all times during the Term and at Tenant's sole cost and expenseexpense and at all times, keep the Premises demised premises and every part thereof including structural and non-structural in good order, condition and repair, ordinary wear and tear and casualty as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. Tenant's repair and maintenance obligations shall include all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to the Premises (whether or not such portion of the Premises demised premises requiring repairsrepair, or the means of repairing the same, are reasonably reasonable or readily accessible to Tenant, Tenant and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises)demised premises) including, without limiting the generality of the foregoing, all equipment or facilities specifically serving the demised premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire hose connectors if within the demised premises, fixtures, interior walls, interior surfaces of exterior walls, ceilings, floors, windows, doors, plate glass, and skylights, but excluding any items which are the responsibility of Landlord pursuant to Paragraph 7.2 of this lease. Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Premises demised premises and all improvements thereon or a part thereof in good order, condition and state of repair. IfIn furtherance of the obligations of Tenant set forth in the preceding terms and conditions of Paragraph 7.1 of this lease, inclusive of Tenant shall at all times during the Term keep in full force and effect, at Tenant's occupancy sole cost and expense, a contract (the "HVAC Contract") with a third-party contractor unrelated to Tenant and approved by Landlord, in Landlord's reasonable discretion, pursuant to earlier lease agreement(swhich such third-party contractor shall on a regular basis (not less frequently than quarterly) inspect, maintain, service, repair and, as necessary, replace, the heating, ventilating and amendments thereto, air conditioning systems serving the demised premises. Tenant has occupied the Premises for seven (7) years or more, shall promptly provide to Landlord may require Tenant to repaint the exterior a true and complete copy of the buildings on HVAC Contract and any and all changes or modifications thereto that may be made from time to time. The scope of the Premises services to be provided to Tenant under the HVAC Contract, as reasonably requiredwell as the terms and conditions of the HVAC Contract, but not more frequently than once every seven (7) yearsshall be satisfactory to Landlord in all respects, in Landlord's reasonable discretion.

Appears in 3 contracts

Samples: Warehouse Lease, Warehouse Lease, Warehouse Lease

Tenant’s Obligations. 9.2.1 At Tenant’s sole cost and expense (except as provided in Section 11.3 below), Tenant shall, shall at all times during the Term maintain the Premises in good, clean and sanitary condition and, at Tenant's sole ’s cost and expense, keep make all repairs and replacements as and when necessary to preserve the Premises and every part thereof including structural and non-structural in good orderworking order and condition, condition including glass, windows, window frames, window casements, skylights, interior and repairexterior doors, ordinary wear door frames and tear door closers; interior lighting (including, without limitation, light bulbs and casualty as described in Section 18 excepted. Tenant shall exercise ballasts), the plumbing and perform good maintenance practices. Tenant's repair and maintenance obligations shall include all equipment or facilities electrical systems serving the Premises, such as plumbingall communications systems serving the Premises, heatingTenant’s signage, air conditioninginterior demising walls and partitions, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrantsinterior painting and interior walls and floors, fixtures, walls (interior and exterior)exterior walls, foundations, ceilings, roof, floorsother structural components, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, Tenant’s security systems in or about or adjacent serving the Premises and cause the fire alarm systems serving the Premises to be monitored by a monitoring or protective services firm reasonably approved by Landlord in writing. Tenant shall not do nor shall Tenant allow Tenant’s agents, advisors, employees, partners, shareholders, directors, invitees and independent contractors (collectively, “Tenant’s Agents”) to do anything to cause any damage, deterioration or unsightliness to the Premises or the Building; provided that Tenant shall not be obligated to repair or maintain the Building Systems that do not exclusively serve the Premises or the structural elements of the Building unless such repair or maintenance is necessitated by any act of Tenant, its agents, representatives, employees, contractors or visitors (whether subject to Section 15.5 below). Landlord shall not be liable for, and there shall be no abatement of Rent with respect to, any injury to or not such interference with Tenant’s business arising from any repairs, maintenance, alteration or improvement in or to any portion of the Premises requiring repairsand/or the Building, or in or to any fixtures, appurtenances or equipment therein. Tenant hereby waives the means provisions of repairing sameSections 1941 and 1942 and 1932(1), are reasonably or readily accessible to Tenantrespectively, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises). California Civil Code and any similar law now or hereafter in effect, as such laws relate to the condition of the Premises or Tenant's obligations shall include restorations, replacements ’s right to effect repairs in or renewals when necessary to keep the Premises and all improvements thereon or a part deduct the cost thereof in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied from the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) yearsRent.

Appears in 3 contracts

Samples: Lease Agreement (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.)

Tenant’s Obligations. 9.2.1 Tenant shallSubject to Section 11, Tenant, at all times during the Term and at Tenant's sole cost and its expense, shall perform all maintenance and repairs (including replacements) to the Premises, and keep the Premises and every part thereof including structural and non-structural in good order, condition and repair, ordinary except for reasonable wear and tear and casualty as described in Section 18 excepted. repairs that are Landlord’s express responsibility hereunder, and taking into consideration the age and functionality of the Leasehold Improvements and Tenant shall exercise and perform good maintenance practicesSystems upon the Commencement Date. Tenant's ’s maintenance and repair and maintenance obligations shall include (a) all equipment or facilities serving leasehold improvements in the Premises, such as whenever and by whomever installed or paid for, including any Tenant Improvements, any Alterations (defined in Section 7.2), and any leasehold improvements installed pursuant to any prior lease, but excluding the Base Building (the “Leasehold Improvements”); (b) all Tenant Systems; and (c) all Lines (defined in Section 23). As used herein, “Tenant Systems” means all of the following, to the extent the same exclusively serve the Premises and are located in (or on the roof of) the Building or on the Equipment Pad (defined in Section 29): all heating, ventilation, air-conditioning, plumbing, heatingsewer, air conditioning, ventilatingdrainage, electrical, lighting facilitiesfire/life-safety, boilerselevator, fired or unfired pressure vesselsescalator, fire sprinkler and/or standpipe security and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrantsincluding all electrical facilities, equipment and appliances, including lighting fixtures, walls lamps, fans, exhaust equipment or systems, electrical motors, and backup generators, whenever and by whomever installed or paid for. Without limiting the foregoing, Tenant, at its expense, with respect to any Tenant System that is a heating, ventilation and air-conditioning system or a portion thereof (interior and exterioreach, a “Tenant HVAC Unit”), foundationsshall (a) keep such Tenant HVAC Unit in as good working order and condition as exists upon its installation (or, ceilingsif later, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to on the Premises (whether or not such portion of the Premises requiring repairs, or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion date Tenant takes possession of the Premises), subject to normal wear and tear and damage resulting from Casualty; (b) maintain in effect, with a contractor reasonably approved by Landlord, a contract for the maintenance and repair of such Tenant HVAC Unit (which contract shall require the contractor, at least once every three (3) months, to (i) inspect such Tenant HVAC Unit and provide to Tenant a report of any defective conditions, together with any recommendations for maintenance, repair or parts-replacement, all in accordance with the manufacturer’s recommendations, and (ii) replace filters, oil and lubricate machinery, replace parts, adjust drive belts, change oil and perform other preventive maintenance, including annual maintenance of duct work and interior unit drains, and annual caulking of sheet metal and re-caulking of jacks and vents); (c) follow all reasonable recommendation of such contractor; and (d) promptly provide to Landlord a copy of such contract and each report issued thereunder. Tenant shall have the benefit of any warranties available to Landlord regarding the Tenant Systems to the extent such warranties cover maintenance and repairs for which Tenant is responsible hereunder. If access to the roof of the Building is required in order to perform any of Tenant's ’s obligations under this Section 7.1.1, such access shall include restorationsbe subject to such reasonable rules and procedures as Landlord may impose, replacements or renewals when necessary to keep and Tenant shall maintain the Premises affected portion of the roof in a clean and all improvements thereon or a part thereof in good order, orderly condition and state shall not interfere with use of repairthe roof by Landlord or any other tenant or licensee. IfNotwithstanding the foregoing, inclusive Landlord, at its option, may perform on Tenant’s behalf any of Tenant's occupancy pursuant ’s obligations under this Section 7.1.1, in which case Tenant shall pay Landlord, upon demand, the cost of such work plus a coordination fee equal to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior 5% of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) yearssuch cost.

Appears in 2 contracts

Samples: Office Lease (Ubiquiti Networks, Inc.), Office Lease (Ubiquiti Networks, Inc.)

Tenant’s Obligations. 9.2.1 Tenant shallshall clean maintain, at all times during the Term repair and at Tenant's sole cost and expense, keep replace when necessary the Premises and every part thereof through regular inspections and servicing, including structural but not limited to: (i) all plumbing and non-structural sewage facilities, (ii) all heating ventilating and air conditioning facilities and equipment, (iii) all fixtures, interior walls floors, carpets and ceilings, (iv) all windows, door entrances, plate glass and glazing systems including caulking, and skylights, (v) all electrical facilities and equipment, (vi) all automatic fire extinguisher equipment, (vii) the parking lot and all underground utility facilities servicing the Premises, (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 ordera condition as when Tenant took possession free of holes, condition gouges, or defacements. With respect to items (ii), (viii) and repair(ix) above, ordinary wear and tear and casualty as described Tenant shall provide Landlord a copy of a service contract between Tenant & a licensed service contractor providing for periodic maintenance of all such systems or equipment in Section 18 exceptedconformance with the manufacturer's recommendations. Tenant shall exercise provide Landlord a copy of such preventive maintenance contracts and perform good maintenance practicespaid invoices for the recommended work if requested by Landlord. If as a part of Tenant's repair and fulfillment of its maintenance obligations during the last three (3) years of the Lease Term a replacement of the roof membrane is necessary, Landlord shall include all equipment or facilities serving reimburse Tenant for the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls cost of the replacement less the sum of (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to the Premises i) Thirty Thousand Dollars (whether or not such $30,000.00) plus (ii) that portion of the Premises requiring repairscost over $30,000.00 equal to the product of such cost multiplied by a fraction, or the means numerator of repairing samewhich is the number of years remaining in the Lease Term, are reasonably or readily accessible to Tenantthe denominator of which is the useful life (in years) of the roof replacement; provided, however, that if the roof replacement is made during the initial Lease Term and whether or not the need for such repairs occurs as Tenant thereafter exercises a result of renewal option, then upon Tenant's use, any prior useexercise of the renewal option, the elements or the age of such portion numerator of the Premises). Tenantfraction shall be adjusted to the sum of: (i) the Lease Term remaining at the time the roof replacement was made; and (ii) the number of years in the Option Term; and Landlord's obligations reimbursement obligation shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) yearsimmediately thereafter be re- calculated.

Appears in 2 contracts

Samples: Verisign Inc/Ca, Verisign Inc/Ca

Tenant’s Obligations. 9.2.1 Tenant shall, at all times during the Lease Term and at Tenant's its sole cost and expense, regularly clean and continuously keep the Premises and every part thereof including structural and non-structural maintain in good order, condition and repair the interior, non-structural portions of the Leased Premises and every part thereof, including, without limiting the generality of the foregoing, (i) all interior walls, floors and ceilings, (ii) all interior windows, doors and skylights, (iii) all electrical wiring, conduits, connectors and fixtures within the Leased Premises, (iv) all interior sinks, toilets, and faucets and, to the extent serving just the Leased Premises, plumbing, pipes, and drains, (v) all interior lighting fixtures, bulbs and lamps, (vi) any back-up generator(s), HVAC equipment, or other equipment installed by or at the request of Tenant, (vii) all entranceways to the Leased Premises with respect to which Tenant and the Tenant Parties have exclusive access rights, and (viii) the Building elevator(s) during any period that Tenant is leasing the entire rentable square footage of the Building; provided, however, that Tenant shall not be required to maintain, repair, ordinary wear and tear replace those items which are Landlord’s obligation to maintain, repair, and casualty as described in Section 18 exceptedreplace pursuant to Paragraph 5.1(b) below. Tenant shall exercise shall, at Tenant’s sole cost and perform good maintenance practicesexpense, provide for its own janitorial service for the Leased Premises. Tenant's Subject to Paragraph 9.3 below, Tenant shall, at its sole cost and expense, repair and maintenance obligations shall include all equipment or facilities serving damage to the Leased Premises, such as plumbingthe Building, heatingthe Common Areas, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to the Premises (whether or not such portion of the Premises requiring repairsProperty, or the means Project caused by the activities of repairing sameTenant 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 notice and cure periods specified in Paragraph 12.1(b) below, are reasonably then Landlord may, at its election and without waiving any other remedy it may otherwise have under this Lease or readily accessible at law, perform such maintenance or make such repairs and charge to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior useAdditional Rent, the elements or the age of such portion of the Premises)costs so incurred by Landlord for same. Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon All interior glass within or a part thereof in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on Leased Premises is at the Premises as reasonably requiredsole risk of Tenant and any broken glass shall promptly be replaced by Tenant at Tenant’s expense with glass of the same kind, but not more frequently than once every seven (7) yearssize and quality.

Appears in 2 contracts

Samples: Lease (Aruba Networks, Inc.), Lease (Aruba Networks, Inc.)

Tenant’s Obligations. 9.2.1 Subject to the provisions of Paragraph 7.2 (Landlord’s Obligations), Paragraph 9 (Damage or Destruction) and Paragraph 14 (Condemnation), Tenant shall, at all times during the Term and at Tenant's ’s sole cost and expenseexpense and at all times, keep the Premises and every part thereof including structural and non-structural in good order, condition and repair (whether or not such portion of the Premises requiring repair, ordinary wear or the means of repairing the same, are reasonable or readily accessible to Tenant and tear and casualty whether or not the need for such repairs occurs as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. a result of Tenant's repair and maintenance obligations shall include ’s use, the elements or the age of such portion of the Premises) including, without limiting the generality of the foregoing, all equipment or facilities specifically serving the Premises, such as plumbing, heating, ventilating and air conditioningconditioning (“HVAC”), ventilatingplumbing, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrantsconnectors if within the Premises, fixtures, walls (interior and exterior)walls, foundationsinterior surfaces of exterior walls, ceilings, roof, floors, windows, doors, plate glass, and skylights, landscapingbut excluding any items which are the responsibility of Landlord pursuant to Paragraph 7.2 below. Heating, drivewaysventilation and air conditioning systems serving the Premises shall be operated at Tenant’s sole expense and shall be maintained, parking lotsat Tenant’s sole expense, fencespursuant to maintenance service contracts entered into by Tenant; provided, retaining wallshowever, signs, that the scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. Tenant shall be responsible for removal of snow and ice from the sidewalks and parkways located in, on, about or adjacent to the Premises (whether or not such portion of the Premises requiring repairs, or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises). Tenant's ’s obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. If, inclusive Landlord shall grant Tenant the benefit of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied any assignable warranty covering the equipment serving the Premises for seven (7) years or more, Landlord may require which Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) yearsis responsible hereunder.

Appears in 2 contracts

Samples: Lease (Neos Therapeutics, Inc.), Lease (Neos Therapeutics, Inc.)

Tenant’s Obligations. 9.2.1 (a) Subject to the provisions of Paragraphs 1.2 (Condition), 1.3 (Compliance with Covenants, Restrictions and Building Code), 6.2 (Landlord’s Obligations), 8 (Damage or Destruction), and 13 (Condemnation) (collectively, the “Maintenance Exclusions”), Tenant shall, at all times during the Term and at Tenant's ’s sole cost and expenseexpense and at all times, keep the Premises Premises, Utility Installations and Alterations and every part thereof including structural and non-structural in good order, condition and repair (whether or not such portion of the Premises requiring repair, ordinary wear or the means of repairing the same, are reasonably or readily accessible to Tenant, and tear and casualty whether or not the need for such repairs occurs as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. a result of Tenant's repair and maintenance obligations shall include ’s use, any prior use, the elements or the age of such portion of the Premises), including, without limitation, all equipment or facilities serving the Premisesfacilities, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrantsconnections if within the Premises, fixtures, walls (interior and exterior), foundations, ceilings, roofroof drainage systems, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks skylights and parkways signs located in, on, about or adjacent to the Premises. Tenant shall keep the Premises (whether or not such portion clean at all times and contract directly for trash removal from the Premises and all utility services, including electricity, telephone, security, gas and water. Tenant, in keeping the Premises in good order, condition and repair, shall exercise and perform good maintenance practices, specifically including the procurement and maintenance of the Premises requiring repairsservice contract required by subparagraph (b) of this Paragraph 6.1. Subject to the Maintenance Exclusions, or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises). Tenant's ’s obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. IfSubject to the Maintenance Exclusions, inclusive if an item cannot be repaired other than at a cost which is in excess of 50% of the cost of replacing such item, then such item shall be replaced by Tenant at Tenant's occupancy pursuant to earlier lease agreement(s) ’s sole cost and amendments theretoexpense. Tenant shall, Tenant has occupied during the term of this Lease, keep the exterior appearance of the Premises for seven in a first-class condition (7including, e.g. graffiti removal) years or more, Landlord may require Tenant to repaint consistent with the exterior appearance of other similar facilities of comparable age and size in the vicinity, including, when necessary, the exterior repainting of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) yearsPremises.

Appears in 2 contracts

Samples: Cue Health Inc., Cue Health Inc.

Tenant’s Obligations. 9.2.1 Except for repairs or replacements that are necessitated by Landlord or for which Landlord has received reimbursement in full, 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 the 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, and (vi) all entranceways to the Leased Premises. Tenant, if requested to do so by Landlord, shall hire, at Tenant's sole cost and expense, a licensed heating, ventilating and air conditioning contractor to regularly and periodically (not less frequently than every three months) inspect and perform required maintenance on the heating, ventilating and air conditioning equipment and systems serving the Leased Premises, or alternatively, Landlord may, at its election, contract in its own name for such regular and periodic inspections of and maintenance on such heating, ventilating and air conditioning equipment and systems and charge to Tenant, as Additional Rent, the cost thereof. Tenant, if requested to do so by Landlord, shall hire, at Tenant's sole cost and expense, a licensed roofing contractor to regularly and periodically (not less frequently than every three months) inspect and perform required maintenance of the roof membrane of the Leased Premises, or alternatively, Landlord may, at its election, contract in its own name for such regular and periodic inspections and maintenance of the roof membrane and charge to Tenant, as Additional Rent, the cost thereof. Tenant shall, at all times during the Lease Term, keep in a clean and safe condition the Premises and every part thereof including structural and non-structural in good order, condition and repair, ordinary wear and tear and casualty as described in Section 18 exceptedOutside Areas. Tenant shall exercise regularly and perform good maintenance practicesperiodically sweep and clean the driveways and parking areas. Tenant's Tenant shall, at its sole cost and expense, repair and maintenance obligations shall include all equipment or facilities serving damage to the Leased Premises, the Building, the 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 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 plumbingAdditional Rent, heatingthe costs so incurred by Landlord for same. All glass within or a part of the Leased Premises, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (both interior and exterior), foundationsis at the sole risk of Tenant and any broken glass shall promptly be replaced by Tenant at Tenant's expense with glass of the same kind, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks size and parkways located in, on, about or adjacent quality. Landlord shall assign all warranties and service contracts applicable to the Premises (whether or not such portion of the Premises requiring repairs, or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises). Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Leased Premises and all improvements thereon or a part thereof in good ordernot applicable other property owned by Landlord, condition to the extent allowed by such warranties and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) yearsservice contracts.

Appears in 1 contract

Samples: Lease (Ultratech Stepper Inc)

Tenant’s Obligations. 9.2.1 Subject to the provisions of Sections 2.2 (Landlord's warranty as to condition), 2.3 (Tenant's warranty as to compliance with covenants, etc.). 7.2 (Landlord's obligations to repair), 2.4 (representations concerning Premises), 9 (damage and destruction), and 14 (condemnation), and any express or implied warranties of construction by Landlord, Tenant shall, at all times during the Term and at Tenant's sole cost and expenseexpense and at all times, keep the Premises and the sidewalks and parking areas on the Premises, and every part thereof including structural and non-structural in good order, condition and repair, ordinary wear and tear and casualty as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. Tenant's repair and maintenance obligations shall include including, without limiting the generality of the foregoing, all equipment or facilities serving the Premises, such as plumbinginterior and above foundation or slab plumbing and utility lines, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundationsnonload-bearing walls, ceilings, roof, floorsfloor coverings, windows, doors, plate glass, skylights, landscaping, driveways, parking lotslandscape maintenance, fences, retaining walls, and signs, sidewalks and parkways located in, on, about about, or adjacent to the Premises. Tenant shall not be responsible for keeping or maintaining structural portions of the Premises as well as any other portions for which Landlord is responsible hereunder, including but not limited to, the foundation, the roof, skylights, outside or within or below the foundation or slab plumbing or utility lines, fire sprinklers and/or standpipe and hose or other fire extinguishing systems, fire hydrants, fixtures, exterior or load bearing walls, floors, retaining walls or drainage systems. Tenant shall not cause or permit any Hazardous Substance to be spilled or released in, on, under or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Tenant's expense, take all investigatory and/or remedial action reasonably recommended, whether or not such portion formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of the Premises requiring repairs, or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior usePremises, the elements surrounding same, or neighboring properties, that was caused or materially contributed to by Tenant, or pertaining to or involving any Hazardous Substance and/or storage tank brought into the age of such portion of Premises by or for Tenant or under its control. Tenant, in keeping the Premises)Premises in good order, condition and repair, shall exercise and perform good maintenance practices. Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) years.

Appears in 1 contract

Samples: Apria Healthcare Group Inc

Tenant’s Obligations. 9.2.1 (a) Subject to the provisions of Section 10.1, Article 16 and Article 17 and except for damage caused by any negligent or intentional act or omission of Landlord, Landlord’s agents or employees, in which event Landlord shall repair, Tenant shall, at all times during the Term and at Tenant's ’s sole cost and expenseexpense and at all times, keep the Premises and every part thereof including structural and non-structural in good order, condition and repair, ordinary wear and tear and casualty as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. Tenant's repair and maintenance obligations shall include all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to the Premises (whether or not such portion of the Premises requiring repairsrepair, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior ’s use, the elements or the age of such portion of the Premises), including, without limiting the generality of the foregoing, all equipment or facilities specifically serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical lighting facilities, boilers, fired or unfired pressure vessels, fire hose connections if within the Premises, fixtures, interior walls, interior surfaces of exterior walls, ceilings, floors, windows, doors, plate glass, and skylights, but excluding any items which are the responsibility of Landlord pursuant to Section 10.1, Tenant, in keeping the Premises in good order, condition and repair, shall exercise and perform good maintenance practices. Tenant will arrange and pay for litter pick up within the Building and exterior window cleaning. Tenant shall maintain the air temperature in the Premises warm enough to prevent the freezing of plumbing and sprinkler systems, if any. Tenant's ’s obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair, except for those that are the responsibility of Landlord according to Section 10.1. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises shall be responsible for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) yearstrash removal.

Appears in 1 contract

Samples: For (Sirenza Microdevices Inc)

Tenant’s Obligations. 9.2.1 Tenant Except to the extent of Landlord's express obligations under Xxxxxxxxx 00.X, Xxxxxx shall, at all times during the Term and at Tenant's its sole cost and expense, keep and maintain the Premises (including appurtenances), and every part thereof including structural and non-structural in good order, condition a high standard of maintenance and repair, ordinary wear and tear in good and casualty as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practicessanitary condition. Tenant's maintenance and repair and maintenance obligations shall include responsibilities herein referred to include, but are not limited to, all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doorswindow frames, plate glass, skylightsglazing, landscapingtruck doors, drivewaysplumbing systems (such as water and drain lines, parking lotssinks, fencestoilets, retaining wallsfaucets, signsdrains, sidewalks showers and parkways located inwater fountains), onelectrical systems (such as panels, about or adjacent to conduits, outlets, lighting fixtures, laps, bulbs, tubes, ballasts), heating and air conditioning distribution and temperature controls systems (such as fans, air handlers, ducts, mixing boxes, thermostats, time clocks, supply and return grills), telecommunication systems within the Premises (whether or not such portion including without limitation all distribution throughout the Premises from Tenant's computer closets), and telecommunication systems located outside of the Premises requiring repairs(including without limitation intra Building telephone, telecommunication and network cabling) installed to exclusively serve all or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises, all interior improvements within the Premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both exterior and interior, including closing mechanisms, latches, and locks), skylights (if any), automatic fire extinguishing systems, and all other interior improvements of any nature whatsoever. Tenant also agrees to provide janitorial services for the Premises as well as carpet xxxxxxx under all rolling chairs or to otherwise be responsible for wear and tear of the carpet caused by such rolling chairs if such wear and tear exceeds that caused by normal use. Areas of excessive wear in the Premises shall be replaced at Tenant's obligations shall include restorations, replacements or renewals when necessary sole expense upon Lease termination. If Landlord elects to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint maintain the exterior HVAC equipment servicing only the Premises, Tenant shall contract with a service company for the quarterly maintenance of the buildings on heating and air conditioning equipment, with a copy of the Premises as reasonably requiredservice contract to be furnished to Landlord within ten (10) days after opening for business, but not more frequently than once every seven (7) yearsand a copy of any subsequent contracts to be furnished from time to time. If Tenant needs to access Building system, including without limitation the Building telecommunication system, Tenant shall have the right to do so only upon the prior written consent of Landlord and by utilization of a contractor consented to by Landlord, provided that despite any such consent by Landlord, Tenant shall remain fully responsible for the acts, omissions and negligence of any such contractor.

Appears in 1 contract

Samples: Lease Agreement (Logic Devices Inc)

Tenant’s Obligations. 9.2.1 (a) Subject to the provision of Paragraphs 2.2 (Condition), 7.2 (Landlord’s Obligations), 9 (Damage or Destruction), and 14 (Condemnation), Tenant shall, at all times during the Term and at Tenant's ’s sole cost and expenseexpense and at all times, keep the Premises and every part thereof including structural and non-structural in good order, condition and repair (whether or not such portion of the Premises requiring repair, ordinary wear or the means of repairing the same, are reasonably or readily accessible to Tenant, and tear and casualty whether or not the need for such repairs occurs as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. a result of Tenant's repair and maintenance obligations shall include ’s use, any prior use, the elements or the age of such portion of the Premises), including, without limiting the generality of the foregoing, all equipment or facilities specifically serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipmentconnections if within the Premises, fire hydrantssprinkler systems, alarms smoke detectors, extinguishers, fixtures, walls interior walls, interior surfaces of exterior walls, ceilings (interior and exteriorincluding its components such as tiles, t-bar grid), foundationsfloors, ceilings, roof, floorsfloor coverings, windows, doors, plate glass, and skylights, landscapingbut excluding any items which are the responsibility of Landlord pursuant to Paragraph 7.2 below. Tenant, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to in keeping the Premises (whether or not such portion of the Premises requiring repairsin good order, or the means of repairing samecondition and repair, are reasonably or readily accessible to Tenant, shall exercise and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises)perform good maintenance practices. Tenant's ’s obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. If, inclusive of Excepting misuse or negligence by Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior shall be responsible for REPLACEMENT of the buildings on the Premises as reasonably heating and air conditioning equipment, if required, but not more frequently than once every seven (7) yearsand any plumbing, sewer, electrical or other building system replacement or repair that exceeds $500.00 per time at Landlord’s sole expense. Tenant total liability for such repairs will be limited to $1,500 per year.

Appears in 1 contract

Samples: ADESTO TECHNOLOGIES Corp

Tenant’s Obligations. 9.2.1 Tenant shall, at all times during the Term and at Tenant's sole cost and expense, (a) maintain and keep the Premises and every part thereof including structural and non-structural in good order, condition and repair, ordinary wear good working order and tear free of litter and casualty as described refuse (excluding litter and refuse contained in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. Tenant's repair and maintenance obligations shall include all equipment wastebaskets or facilities serving disposed of in an area designated by Landlord) the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to the Premises (whether or not such portion of the Leased Premises requiring repairsand, or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need except for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises). TenantLandlord's obligations shall include restorationsunder Section 7.2 of this Lease, replacements or renewals when necessary to keep the Premises make any and all improvements thereon repairs and replacements thereto as and when required, ordinary or a part thereof in good orderextraordinary, condition and state of repair. Ifforeseeable or unforeseeable, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably requiredincluding, but not more frequently than once every seven limited to, the maintenance, repair and replacement of any and all furnishings, fixtures and leasehold improvements within the Leased Premises, exterior entrances, windows and plate glass (7provided that Landlord shall contribute any insurance proceeds it receives for any damage to the plate glass to the extent the insurance premiums paid by Landlord respecting the plate glass are included in Operating Costs) yearswithin or part of the wall delimiting the Leased Premises and any electrical wiring, lighting fixtures, heating or plumbing fixtures, pipes, air conditioning or heating components contained within and exclusively serving the Leased Premises; and (b) keep unclogged and in good repair all drains, traps and sewer pipes exclusively serving the Leased Premises and maintain and leave the same in good working order. At Landlord's option, ordinary maintenance of any of the systems described above shall be undertaken by Landlord in which event, promptly upon demand by Landlord, Tenant shall reimburse Landlord (such reimbursement to constitute Additional Rent hereunder) for all costs and expenses incurred by Landlord in connection with such maintenance undertaken.

Appears in 1 contract

Samples: Office Lease (Andover Net Inc)

Tenant’s Obligations. 9.2.1 Except as set forth in Section 8.1B below, Tenant shallagrees, at all times during the Term and at Tenant's sole cost and expense, to take good care of the Premises, including the Improvements, and keep same and all parts thereof, including without limitation, the Premises entire exterior and every part thereof including structural interior, the roof, foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas and non-structural 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, ordinary wear and tear and casualty suffering no waste or injury. Except as described set forth in Section 18 excepted8.1B below, Tenant shall, at its sole cost and expense, promptly make all necessary repairs and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to any Improvements or equipment now or hereafter located upon the Land, including, without limitation, the entire interior and exterior of the Improvements, the roof, the foundations, sidewalks, parking areas, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances now or hereafter belonging to, connected with or used in conjunction with the Premises. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation of the Premises. Tenant shall exercise keep and perform good maintenance practices. Tenant's repair and maintenance obligations shall include all equipment or facilities serving maintain the Premises, such as plumbingincluding the Improvements and all sidewalks, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, drivewaysvault space, parking lotsareas and areas adjacent thereto, fencessafe, retaining wallssecure and clean, signsspecifically including, sidewalks but not by way of limitation, snow and parkways located inice clearance, on, about or adjacent landscaping and removal of waste and refuse matter. Tenant shall not permit anything to be done upon the Premises (whether and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or not such portion of the Premises requiring repairsin part, or prevent the means procurement of repairing sameany insurance policies which may, are reasonably at any time, be required under the provisions of this Lease. Tenant shall not obstruct or readily accessible to Tenantpermit the obstruction of any parking area, and whether adjoining street or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises). Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) yearssidewalk.

Appears in 1 contract

Samples: Lease (Specialty Equipment Companies Inc)

Tenant’s Obligations. 9.2.1 Tenant (a) Subject to Paragraphs 10.3 (LANDLORD'S Obligations), 15 (Damage or Destruction) and 16 (Condemnation) hereof, TENANT shall, at all times during the Term and at Tenant's its sole cost and expense, and at all times, keep the Premises and every part thereof including structural and non-structural in good order, condition and repair (whether or not such portion of the Premises requiring repair, ordinary wear or the means of repairing the same, are reasonably or readily accessible to TENANT, and tear and casualty whether or not the need for such repairs occurs as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. Tenant's repair and maintenance obligations shall include a result of TENANT'S use, any prior use, the elements or the age of such portion of the Premises), including, without limiting the generality of the foregoing, all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire hose connections, fixtures, interior walls, interior surfaces of exterior walls, ceilings, floors, windows, doors, plate glass, skylights, foundations, structural condition of interior bearing walls, exterior roof, fire, sprinkler and/or standpipe and hose or other automatic fire extinguishing system, system including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixturesparking lots, walls (interior and exterior)walkways, foundationsparkways, ceilings, roof, floors, windows, doors, plate glass, skylightsdriveways, landscaping, driveways, parking lots, fences, retaining wallssigns and utility systems serving the Premises. TENANT, signs, sidewalks and parkways located in, on, about or adjacent to in keeping the Premises (whether or not such portion of the Premises requiring repairsin good order, or the means of repairing samecondition and repair, are reasonably or readily accessible to Tenant, shall exercise and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises)perform commercially prudent maintenance practices. Tenant's obligations TENANT'S obligation shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition condition, and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) years.

Appears in 1 contract

Samples: Lease (Sycamore Park Convalescent Hospital)

Tenant’s Obligations. 9.2.1 Subject to Landlord’s Work and Section 8.2 herein, Tenant shallassumes full and sole responsibility for condition, operation, repair, alteration, improvement, replacement, maintenance and management of the Premises. Tenant agrees, at all times during the Term and at Tenant's ’s sole cost and expense, keep to take good care of the Premises and every part thereof including structural keep same and non-structural all parts thereof, together with any and all alterations and additions thereto, in good order, condition (at least as good condition as existed as of the Commencement Date) and repair, ordinary wear and tear and casualty suffering no waste or injury. Except as described provided in Section 18 excepted8.2. herein to the contrary, Tenant shall exercise shall, at its sole cost and expense, promptly perform good all maintenance practices. Tenant's repair and maintenance obligations shall include promptly make all equipment or facilities serving necessary repairs and replacements in and to the Premises, such as plumbingincluding, heatingbut not limited to, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, all windows, doorsglass, plate glass, ceilings, skylights, landscaping, driveways, parking lots, fences, retaining interior and demising walls, doors, electrical systems, fixtures and equipment, lighting fixtures and equipment, plumbing systems, fixtures and equipment, sprinkler systems, fixtures and equipment, heating, ventilating and air conditioning systems, fixtures and equipment, loading docks, areas and doors, rail space areas, fences and signs, sidewalks connections, pipes, mains, water, sewer and parkways located inconnections, onand all other systems, about fixtures, machinery, apparatus, equipment and appurtenances now or adjacent hereafter part of, belonging to, connected with or used in conjunction with the Premises. In addition, Tenant shall be responsible to maintain the repairs that Landlord makes to the floors pursuant to Landlord’s Work and for any damage to the floors and floor slab due to normal wear and tear or unreasonably excessive Tenant use. Further, Tenant agrees to provide written notice to Landlord promptly after discovering any damage to, or repairs necessary to, the floors. All such repairs and replacements shall be 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 (whether and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part, or prevent the procurement of any insurance policies which may, at any time, be required under the provisions of this Lease. Tenant shall not such portion obstruct or permit the obstruction of any parking area, adjoining street or sidewalk. Tenant shall obtain and maintain fire extinguishers in the Premises as required by Law. Tenant at its own cost and expense also shall promptly comply with any and all governmental requirement to or affecting the Premises or any part thereof required due to Tenant’s use and occupancy of the Premises requiring repairsPremises, or irrespective of the means nature of repairing same, are reasonably or readily accessible the work required to Tenant, be done and whether or not the need for such repairs occurs as a result of Tenant's use, same involve or require any prior use, structural changes or additions in or to the elements or the age of such portion of the Premises)Building. Tenant's obligations , at its sole cost and expense, shall include restorationsbe responsible and perform all common area maintenance and repair at the Project, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably requiredincluding, but not more frequently than once every seven (7) yearslimited to, landscaping, fire alarm monitoring, sprinkler systems and all snow and ice removal, but excluding parking lot maintenance.

Appears in 1 contract

Samples: Industrial Building Lease (Power Solutions International, Inc.)

Tenant’s Obligations. 9.2.1 Except for Landlord's obligations under Paragraph 13(c) below, Tenant shall, at all times during the Term and at Tenant's sole cost and expense, agrees to keep the Premises and every part thereof including structural and non-structural in good order, condition and repair, ordinary wear and tear and casualty as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. Tenant's repair and maintenance obligations shall include all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to the Premises and every part thereof, structural and non structural, (whether or not such portion of the Premises requiring repairsrepair, or the means of repairing same, the same are reasonably reasonable or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements elements, the age or the age quality of construction of such portion of the Premises). ) including, without limiting the generality of the foregoing, all plumbing, heating, ventilation, air conditioning (Tenant shall procure and maintain, at Tenant's sole cost and expense, a heating, ventilation and air conditioning system maintenance contract reasonably acceptable to Landlord), electrical, lighting facilities and equipment within the Premises, fixtures, interior non-load bearing walls, ceilings, all components of the roof system other than those which are obligations shall include restorationsof Landlord pursuant to Paragraph 13(c), replacements or renewals when necessary floors, windows, doors, plate glass, skylights, and all landscaping (Tenant agrees to keep procure and maintain, at Tenant's sole cost and expense, a landscaping maintenance contract acceptable to Landlord), driveways, parking lots, fences and signs located on the Premises and all improvements thereon or sidewalks and parkways adjacent to the Premises. Landlord may at its option arrange for inspection of the roof, mechanical, and electrical portions of the Premises annually; Tenant shall pay Landlord one-half of the cost of such inspection within ten (10) days following Landlord's delivery of an invoice therefor. Tenant shall arrange for the correction of any defects found in connection with any such inspection, including implementation of a part thereof in good orderpreventative maintenance program for the roof. At Landlord's option, condition Landlord shall have the right to select, procure and state of repair. Ifmaintain, inclusive of at Tenant's occupancy pursuant expense, third party maintenance contracts for the heating ventilating and air conditioning systems on or about the Premises, and Tenant shall fully reimburse Landlord, in the form of Additional Rent, for the cost of same within ten (10) days after demand therefor. Tenant agrees to earlier lease agreement(s) and amendments thereto, cause any mechanics' liens or other liens arising as a result of work performed by Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant at Tenant's direction to repaint the exterior of the buildings on the Premises be eliminated as reasonably required, but not more frequently than once every seven (7) yearsprovided in Paragraph 14 below.

Appears in 1 contract

Samples: Work Letter Agreement (Rainbow Technologies Inc)

Tenant’s Obligations. 9.2.1 Tenant shallExcept to the extent of Landlord's express obligations under Paraxxxxx 00.X, Xxxxxx xxxll, at all times during the Term and at Tenant's its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof including structural and non-structural in good order, condition a high standard of maintenance and repair, ordinary wear and tear in good and casualty as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practicessanitary condition. Tenant's maintenance and repair and maintenance obligations shall include responsibilities herein referred to include, but are not limited to, all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doorswindow frames, plate glass, skylightsglazing, landscapingtruck doors, drivewaysplumbing systems, parking lots(such as water and drain lines, fencessinks, retaining wallstoilets, signsfaucets, sidewalks drains, showers and parkways located inwater fountains), onelectrical systems (such as panels, about or adjacent to conduits, outlets, lighting fixtures, lamps, bulbs, tubes, ballasts), heating and air conditioning distribution and temperature control systems (such as fans, air handlers, ducts, mixing boxes, thermostats, time clocks, supply and return grills), telecommunication systems within the Premises (whether or not such portion including, without limitation all distribution throughout the Premises from Tenant's computer closets), and telecommunication systems located outside of the Premises requiring repairs(including without limitation intra Building telephone, telecommunication and network cabling) installed to exclusively serve all or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises). Tenant's obligations shall include restorations, replacements or renewals when necessary to keep all interior improvements within the Premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior, including closing mechanisms, latches, and locks), skylights (if any), automatic fire extinguishing systems, and all other interior improvements thereon or a part thereof in good order, condition and state of repairany nature whatsoever. If, inclusive of Tenant's occupancy pursuant Tenant also agrees to earlier lease agreement(s) and amendments thereto, Tenant has occupied provide janitorial services for the Premises for seven (7) years or more, Premises. If Landlord may elects to require Tenant to repaint maintain the exterior HVAC equipment, Tenant shall contract with a service company for the quarterly maintenance of the buildings on heating and air conditioning equipment, with a copy of the Premises as reasonably requiredservice contract to be furnished to Landlord within ten (10) days after opening for business, but not more frequently than once every seven (7) yearsand a copy of any subsequent contracts to be furnished from time to time. If Tenant needs to access Building system, including without limitation the Building telecommunication system, Tenant shall have the right to do so only upon the prior written consent of Landlord and by utilization of a contractor consented to by Landlord, provided that despite any such consent by Landlord, Tenant shall remain fully responsible for the acts, omissions and negligence of any such contractor. 9 13.

Appears in 1 contract

Samples: Lease Agreement (3dfx Interactive Inc)

Tenant’s Obligations. 9.2.1 Subject to the provisions of Paragraph 7.2 (Landlord’s Obligations), Paragraph 9 (Damage or Destruction), and Paragraph 14 (Condemnation), Tenant shall, at all times during the Term and at Tenant's ’s sole cost and expenseexpense and at all times, keep the Premises and every part thereof including structural and non-structural in good order, condition condition, and repair (whether or not such portion of the Premises requiring repair, ordinary wear or the means of repairing the same, are reasonably or readily accessible to Tenant and tear and casualty whether or not the need for such repairs occurs as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. a result of Tenant's repair and maintenance obligations shall include ’s use, any prior use, the elements, or the age of such portion of the Premises) including, without limiting the generality of the foregoing, all equipment or facilities solely serving the Premises, such as plumbing, heating, ventilating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrantsconnectors if within the Premises, fixtures, walls (interior and exterior)walls, foundationsinterior surfaces of exterior walls, ceilings, roof, floors, windows, doors, plate glass, and (if applicable) skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent but excluding any items which are the responsibility of Landlord pursuant to Paragraph 7.2 below. Subject to the Premises provisions of Paragraph 7.2 (whether Landlord’s Obligations), Paragraph 9 (Damage or not such portion of the Premises requiring repairs, or the means of repairing same, are reasonably or readily accessible to TenantDestruction), and whether or not the need for such repairs occurs as a result of Paragraph 14 (Condemnation), Tenant's use, any prior use, the elements or the age of such portion of the Premises). Tenant's ’s obligations shall include restorations, replacements replacements, or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition condition, and state of repair. IfTenant shall also be solely responsible for the cost of all repairs and replacements caused by the negligent acts or omissions or intentional misconduct by Tenant or Tenant’s employees, inclusive contractors, agents, guests or invitees. If Tenant refuses or neglects to perform its obligations under this paragraph to the reasonable satisfaction of Landlord, and Tenant does not commence to cure such failure within ten (10) days following Landlord’s written notice that the cure is required, Landlord may, but without obligation to do so, at any time perform the same without Landlord having any liability to Tenant for any loss or damage that may accrue to Tenant's occupancy pursuant ’s Property or to earlier lease agreement(s) and amendments theretoTenant’s business by reason thereof. If Landlord performs any such obligations, Tenant has occupied the Premises for seven (7) years or moreshall pay to Landlord, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably requiredAdditional Rent, but not more frequently than once every seven (7) yearsLandlord’s reasonable costs and expenses incurred therefor.

Appears in 1 contract

Samples: Industrial Lease (Aviragen Therapeutics, Inc.)

Tenant’s Obligations. 9.2.1 (a) Subject to the provisions of Section 7.2 of this Lease (entitled "Landlord's Obligations"), Section 9 of this Lease (entitled "Damage or Destruction") and Section 14 of this Lease (entitled "Condemnation"), Tenant shall, at all times during the Term and at Tenant's sole cost and expenseexpense and at all times, keep the Premises and every part thereof including structural and non-structural in good order, condition and repair, ordinary wear and tear and casualty as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. Tenant's repair and maintenance obligations shall include all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to the Premises (whether or not such portion of the Premises requiring repairsrepair, or the means of repairing the same, are reasonably reasonable or readily accessible to Tenant, Tenant and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises) including, without limiting the generality of the foregoing, all equipment or facilities specifically serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire hose connectors if within the Premises, fixtures, interior walls, interior surfaces of exterior walls, ceilings, floors, windows, doors, plate glass, and skylights (if any), but excluding any items which are the responsibility of Landlord pursuant to Section 7.2 of this Lease. Tenant hereby acknowledges that the heating, ventilating and/or air conditioning system serving the Premises consists of a heating, ventilating and/or air conditioning system and/or heating, ventilating and/or air conditioning units (which may be located on the rooftop of the Building) that serve the Premises and no other portions of the Building. Tenant's obligations pursuant to Section 7.1 of this Lease shall include restorations, replacements or renewals renewals, as and when necessary during the Term, to keep the Premises and Premises, all improvements thereon or a part thereof, and all machinery, equipment and systems being a part thereof or serving the Premises (including, without limitation, the heating, ventilating and/or air conditioning system and/or the heating, ventilating and/or air conditioning units serving the Premises (whether located within the Building or on the roof of the Building)) in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) years.

Appears in 1 contract

Samples: Lease Agreement (Carrollton Bancorp)

Tenant’s Obligations. 9.2.1 Subject to the provisions of Paragraph 7.2 (Landlord’s Obligations), Paragraph 9 (Damage or Destruction), and Paragraph 14 (Condemnation), Tenant shall, at all times during the Term and at Tenant's ’s sole cost and expenseexpense and at all times, keep the Premises and every part thereof including structural and non-structural in good order, condition condition, and repair (whether or not such portion of the Premises requiring repair, ordinary wear or the means of repairing the same, are reasonably or readily accessible to Tenant and tear and casualty whether or not the need for such repairs occurs as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. a result of Tenant's repair and maintenance obligations shall include ’s use, any prior use, the elements, or the age of such portion of the Premises) including, without limiting the generality of the foregoing, all equipment or facilities specifically serving the Premises, such as plumbing, heating, ventilating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrantsconnectors if within the Premises, fixtures, walls (interior and exterior)walls, foundationsinterior surfaces of exterior walls, ceilings, roof, floors, windows, doors, plate glass, and skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent but excluding any items which are the responsibility of Landlord pursuant to the Premises (whether or not such portion of the Premises requiring repairs, or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises)Paragraph 7.2 below. Tenant's ’s obligations shall include restorations, replacements replacements, or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition condition, and state of repair. IfTenant shall also be solely responsible for the cost of all repairs and replacements caused by the negligent acts or omissions or intentional misconduct by Tenant or Tenant’s employees, inclusive contractors, agents, guests or invitees to the extent not actually paid for by insurance carried or required to be carried by Landlord. If Tenant refuses or neglects to perform its obligations under this paragraph to the reasonable satisfaction of Landlord, Landlord may, but without obligation to do so, at any time perform the same without Landlord having any liability to Tenant for any loss or damage that may accrue to Tenant's occupancy pursuant ’s Property or to earlier lease agreement(s) and amendments theretoTenant’s business by reason thereof. If Landlord performs any such obligations, Tenant has occupied the Premises for seven (7) years or moreshall pay to Landlord, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably requiredAdditional Rent, but not more frequently than once every seven (7) yearsLandlord’s reasonable costs and expenses actually incurred therefor.

Appears in 1 contract

Samples: Industrial Lease (InvenSense Inc)

Tenant’s Obligations. 9.2.1 11.1.1 Save and except for (i) the completion of Landlord’s Work (including completion of Punchlist Items and of any work or repairs necessary, required or arising out of Landlord’s failure to complete Landlord’s Work according to the Plans and Specifications and in compliance with all Legal Requirements), and (ii) except as provided in Section 11.2, Tenant shall, at all times during the Term and at Tenant's sole cost and its expense, keep throughout the Term, maintain the Premises and every part thereof including structural and non-structural in good order, condition and repairrepair (whether or not the portion of the Premises requiring repairs, ordinary wear or the means of repairing the same, are reasonably or readily accessible to Tenant, and tear and casualty whether or not the need for such repairs occurs as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. a result of Tenant's repair and maintenance obligations shall include all equipment ’s use, any prior use, the elements or facilities serving the age of such portion of the Premises), such as including, but not limited to, all mechanical, electrical, plumbing, life safety (including sprinkler systems), heating, ventilation, and air conditioning, ventilating, electrical, lighting facilitiesconditioning systems of the Building (the “Building Systems”), boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located inin or on the Premises. Tenant, on, about or adjacent to in keeping the Premises in good order, condition and repair, shall exercise and perform good maintenance practices, specifically including (whether or not such portion i) the procurement and maintenance of the Premises requiring repairs, or service contracts required by this Section 11.1 and (ii) the means timely observance of repairing same, are reasonably or readily accessible all procedures itemized under the Building Maintenance Checklist set forth on the Exhibit 11.1.1 attached to Tenant, and whether or not the need for such repairs occurs as made a result part of Tenant's use, any prior use, the elements or the age of such portion of the Premises)this Lease. Tenant's ’s obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair, reasonable wear and tear excepted. IfTenant shall, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments theretoduring the Term, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint keep the exterior appearance of the buildings improvements on the Premises in good condition consistent with the exterior appearance of other similar facilities of comparable age and size, and Tenant shall surrender the Premises, at the end of the Term, in such condition, reasonable wear and tear excepted. Tenant shall be responsible for the cost of repairs which may be made necessary by reason of damage to the Building caused by any act or neglect of Tenant or any Tenant Party (including any damage by fire or other casualty arising therefrom). Except as reasonably requiredotherwise expressly provided in this Lease, Landlord shall be responsible for the cost of repairs which may be made necessary by reason of damage to the Building caused by any act or neglect of Landlord or any Landlord Party (including any damage by fire or other casualty arising therefrom). Tenant shall not, in the course of its repair, maintenance or construction, invalidate any of the warranties on the Premises, including, but not more frequently than once every seven (7) yearslimited to those that relate to the roof, the stormwater management system, the elevator, and the sprinkler systems. All of such repairs and replacements shall be of good quality sufficient for the proper maintenance and operation of the Premises, and shall be constructed and installed in compliance with Legal Requirements and Insurance Requirements.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Obligations. 9.2.1 Except to the extent an obligation of Landlord pursuant to Paragraph 5.1(b) below, Tenant shall, at all times during the Lease Term and at Tenant's its sole cost and expense, regularly clean and keep the Premises and every part thereof including structural and non-structural maintain in good order, condition and repairrepair the Leased Premises and every part thereof including, ordinary wear without limiting the generality of the foregoing, (i) all interior walls, floors and tear ceilings, (ii) all windows, doors and casualty as described in Section 18 excepted. Tenant shall exercise skylights, (iii) all electrical wiring, conduits, connectors and perform good maintenance practices. Tenant's repair and maintenance obligations shall include fixtures, (iv) all equipment or facilities serving the Premises, such as plumbing, heatingpipes, air conditioningsinks, ventilatingtoilets, electricalfaucets and drains, (v) all lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrantssystems, fixtures, walls bulbs and lamps, elevators, and all HVAC equipment, and (vi) all entranceways to the Leased Premises. Tenant, at its option, shall hire, at Tenant’s sole cost and expense, (x) a licensed HVAC contractor to regularly and periodically (not less frequently than every three months) inspect and perform required maintenance on the HVAC equipment and systems serving the Leased Premises, and (y) a licensed elevator contractor to regularly and periodically (not less frequently than every six months) inspect and perform required maintenance on the elevators and related systems within the Building, provided that for clauses (x) and (y), such contractors shall be reasonably approved by Landlord. Tenant shall, at its sole cost and expense, repair all damage to the Leased Premises, the Building, the 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 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, both interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks is at the sole risk of Tenant and parkways located in, on, about or adjacent to the Premises (whether or not such portion any broken glass shall promptly be replaced by Tenant at Tenant’s expense with glass of the Premises requiring repairssame kind, or the means of repairing same, are reasonably or readily accessible to Tenant, size and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises). Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) yearsquality.

Appears in 1 contract

Samples: Lease (Personalis, Inc.)

Tenant’s Obligations. 9.2.1 (a) Subject to the provisions of this Lease, including, but not limited to, paragraphs 7.2 (Landlord's obligations to repair), 9 (damage and destruction), and 14 (condemnation), Tenant shall, at all times during the Term and at Tenant's sole cost and expenseexpense and at all times, keep the Premises and every part thereof including structural and non-structural in good order, condition and repair (whether or not such portion of the Premises requiring repair, ordinary wear or the means of repairing the same, are reasonably or readily accessible to Tenant, and tear and casualty whether or not the need for such repairs occurs as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. a result of Tenant's repair and maintenance obligations shall include use, any prior use, the elements or the age of such portion of the Premises), including, without limiting the generality of the foregoing, all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, interior and exterior walls (interior and exteriorincluding graffiti removal), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to the Premises (whether or not such portion of as further defined in the Premises requiring repairsMulti-Tenant Facility Rider, or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior usebut excluding foundations, the elements or exterior roof and the age of such portion structural aspects of the Premises). Tenant, in keeping the Premises in good order, condition and repair, shall exercise and perform good maintenance practices. Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. If(b) Landlord shall, inclusive of at Tenant's occupancy pursuant to earlier lease agreement(s) sole cost and amendments theretoexpense payable in accordance with paragraph 7.5 below, Tenant has occupied procure and maintain contracts on terms consistent with those maintained on behalf of other Tenants in the Premises Xxxx Gardens Industrial Park, for seven (7) years or morethe inspection, Landlord may require Tenant to repaint the exterior maintenance and service of the buildings following equipment and improvements, if any, located on the Premises as reasonably requiredand the property of which the Premises are a part; (i) heating, but not more frequently than once every seven air-conditioning and ventilating equipment; (7ii) years.fire sprinkler and/or standpipe and hose or other automatic fire

Appears in 1 contract

Samples: Industrial Lease (Big Dog Holdings Inc)

Tenant’s Obligations. 9.2.1 Except for Landlord's obligations stated in Section 4.2 above, Tenant shall, at all times during the Term and term hereof at Tenant's sole cost and expense, keep the Premises and every part thereof including structural and non-structural in good order, condition and repair, ordinary wear and tear and casualty as described in Section 18 excepted. Tenant which obligation shall exercise and perform good maintenance practices. Tenant's include, without limitation, the obligation to maintain, repair and maintenance obligations shall include all equipment or facilities replace as necessary: (i) floor coverings; (ii) wall coverings; (iii) paint on the interior of the Buildings; (iv) casework; (v) ceiling tiles; (vi) supplemental heating, ventilating and air conditioning systems serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired Premises and installed by or unfired pressure vessels, fire sprinkler and/or standpipe at the request of Tenant ("Supplemental HVAC Systems"); (vii) window coverings; (viii) lights and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems ballasts; (ix) locks and equipment, fire hydrants, fixtures, walls hardware; (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to the Premises (whether or not such portion of the Premises requiring repairs, or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result x) all of Tenant's use, Property (as defined in Section 14.2 herein); (xi) any prior use, and all Tenant Improvements (as defined in Exhibit D); (xii) interior window glass and door glass in the elements or the age of such portion Buildings (including any replacement thereof and periodic washing of the interior surfaces); (xiii) public lobbies, stairs, corridors and rest rooms; (xiv) all required janitorial and trash removal services to the Premises); and (xv) all security systems, card key systems, and other similar systems serving the Project. During the Lease Term, Tenant agrees to employ a contractor or qualified internal employee reasonably approved by Landlord to perform Tenant's obligations for maintenance of the Supplemental HVAC System on the Premises. Such maintenance shall include restorationsat least quarterly inspections and cleaning of said units and systems, replacements or renewals when necessary together with such adjustments and servicings as each inspection discloses to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repairbe required. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments theretoIn addition, Tenant has occupied the Premises for seven (7) years shall perform all repair, testing and servicing as shall be necessary or morereasonably required by Landlord or Landlord's insurance underwriter. Upon Landlord's request, Tenant shall provide to Landlord may require Tenant to repaint the exterior complete, accurate and legible copies of all periodic maintenance contracts required hereunder and of the buildings on the Premises as reasonably requiredresults of any periodic inspections, but not more frequently than once every seven (7) yearstesting and repair.

Appears in 1 contract

Samples: Lease (Western Digital Corp)

Tenant’s Obligations. 9.2.1 Subject to the provisions of Paragraph 7.2 (Landlord’s Obligations), Paragraph 9 (Damage or Destruction), and Paragraph 14 (Condemnation), Tenant shall, at all times during the Term and at Tenant's ’s sole cost and expenseexpense and at all times, keep the Premises and every part thereof including structural and non-structural in good order, condition condition, and repair (whether or not such portion of the Premises requiring repair, ordinary wear or the means of repairing the same, are reasonably or readily accessible to Tenant and tear and casualty whether or not the need for such repairs occurs as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. a result of Tenant's repair and maintenance obligations shall include ’s use, any prior use, the elements, or the age of such portion of the Premises) including, without limiting the generality of the foregoing, all equipment or facilities specifically serving the Premises, such as plumbing, heating, ventilating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrantsconnectors if within the Premises, fixtures, walls (interior and exterior)walls, foundationsinterior surfaces of exterior walls, ceilings, roof, floors, windows, doors, plate glass, and skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent but excluding any items which are the responsibility of Landlord pursuant to the Premises (whether or not such portion of the Premises requiring repairs, or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises)Paragraph 7.2 below. Tenant's ’s obligations shall include restorations, replacements replacements, or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition condition, and state of repair. If, inclusive Subject to the terms of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments theretoParagraph 8.4 of this Lease, Tenant has occupied shall also be solely responsible for the Premises for seven (7) years cost of all repairs and replacements caused by the negligent acts or moreomissions or intentional misconduct by Tenant or Tenant’s employees, contractors, agents, guests or invitees. If Tenant refuses or neglects to perform its obligations under this paragraph to the reasonable satisfaction of Landlord, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably requiredmay, but not more frequently than once every seven without obligation to do so, at any time perform the same without Landlord having any liability to Tenant for any loss or damage that may accrue to Tenant’s personal property or equipment (7“Tenant’s Property”) yearsor to Tenant’s business by reason thereof. If Landlord performs any such obligations, Tenant shall pay to Landlord, as Additional Rent, Landlord’s costs and expenses incurred therefor.

Appears in 1 contract

Samples: Pacific Biosciences of California Inc

Tenant’s Obligations. 9.2.1 Landlord shall deliver the Premises to Tenant shallwith the Initial Tenant Improvements complete as set forth in Section 6.6, above. As of the Prior Occupancy Date, the Premises (including without limitation the Initial Tenant Improvements, Building Systems and roof) shall be in good working condition in accordance with the Preliminary Plans, the Construction Plans and the Work Letter (i.e., fully wired for voice and data and furnished as “plug and play” (a) office space to include cubicles, white boards, chairs and conference room furniture, (b) break area with refrigerator, sink, coffee bar, tables and chairs, and (c) server rooms with appropriate racks, HVAC, networking and cabling), and Landlord hereby warrants the same during the Warranty Period and shall repair or replace, as necessary, any components of the Premises which are not in good working condition to the extent Tenant provides written notice thereof to Landlord within the Warranty Period. Except as expressly set forth in this Section 7.1 and Sections 5.1 and 5.2(f), above, the Premises (and the Property) shall be delivered to, and accepted by, Tenant in its “as is” condition with “all faults,” and, excepting any defective components (or noncompliance with Laws) of the Premises noted by Tenant in writing during the Warranty Period, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises, the remainder of the Property or any part thereof either prior to or during the Term, except as expressly set forth in Section 7.2, below. By taking possession of the Premises Tenant agrees that the Premises (and the Property) are suitable for Tenant’s purposes and in good and tenantable condition. During the Term, Tenant, at all times during the Term and at Tenant's sole cost and ’s expense, but under the direction of Landlord if Landlord so elects, shall clean, keep the Premises and every part thereof including structural and non-structural maintain in good order, condition and repairrepair (and replace, ordinary wear if necessary) every part of the Premises and tear the remainder of the Property which is not part of Landlord’s obligation pursuant to Section 7.2 of this Lease, said obligation of Tenant to include (but not be limited to) all Building Systems (other than HVAC) and casualty as described in Section 18 excepted. all components thereof (including all machinery, equipment, wires, conduits and lines), the interior of all walls, all floors and floor coverings, ceilings (ceiling tiles and grid), the Initial Tenant shall exercise and perform good maintenance practices. Improvements, any Alterations installed by Tenant's repair and maintenance obligations shall include all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe extinguishers, outlets and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls any appliances (interior including dishwashers, hot water heaters and exteriorgarbage disposals), foundations, ceilings, roof, floors, and all windows, doors, entrances, plate glassglass and skylights. Tenant acknowledges and agrees that it has inspected, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to the Premises (whether or not such portion immediately after taking possession of the Premises requiring repairs, or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior usewill inspect, the elements Property (including the Premises) and that Tenant is not relying on any representations or warranties made by Landlord regarding the age of such portion Premises or any other part of the Premises). Tenant's obligations shall include restorationsProperty, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof except as may be expressly set forth in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) yearsthis Lease.

Appears in 1 contract

Samples: Lease Agreement (eHealth, Inc.)

Tenant’s Obligations. 9.2.1 Tenant shallAs of the Premises Delivery Date, at all times the portion of the Premises consisting of Landlord's Work shall be in good working condition and in compliance with the Work Letter, and Landlord hereby warrants the same during the Term Warranty Period and shall repair or replace, as necessary, any such components of the Premises which are not in good working condition to the extent Tenant provides written notice thereof to Landlord within the Warranty Period. Except as expressly set forth in this Paragraph 7.1 and Paragraph 1.2 and Paragraph 5.1, above, the Premises shall be delivered to, and accepted by. Tenant in its "as is" condition with "all faults," and, excepting any defective components (or noncompliance with Laws) of the Premises noted by Tenant in writing during the Warranty Period, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises, the remainder of the Property or any part thereof either prior to or during the Term, except as expressly set forth in Paragraph 7.2, below. By taking possession of the Premises Tenant agrees that the Premises (and the Property) are suitable for Tenant's purposes and in good and tenantable condition. During the Term, Tenant, at Tenant's sole cost and expense, but under the direction of Landlord if Landlord so elects, shall clean, keep the Premises and every part thereof including structural and non-structural maintain in good order, condition and repairrepair (and replace, ordinary wear if necessary) every part of the Premises and tear the remainder of the Property which is not part of Landlord's obligation pursuant to Paragraph 7.2 of this Lease, said obligation of Tenant to include (but not be limited to) all Building Systems (including the Building's HVAC systems and casualty as described in Section 18 excepted. all components thereof (including all machinery, equipment, wires, conduits and lines), the interior of all walls, all floors and floor coverings, ceilings (ceiling tiles and grid), the Tenant shall exercise and perform good maintenance practices. Improvements, any Alterations installed by Tenant's repair and maintenance obligations shall include all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe extinguishers, outlets and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls any appliances (interior and exteriorincluding dishwashers, hot water heaters Mid garbage disposals), foundations, ceilings, roof, floors, and all windows, doors, entrances, and plate glass. Tenant shall maintain an HVAC maintenance contract with a reputable HVAC contractor approved by Landlord in Landlord's reasonable discretion and shall provide Landlord copies of reports received by Tenant firom the HVAC contractor regarding the maintenance and repair of the HVAC system, skylightsand permit Landlord to call the HVAC contractor directly in the event of an emergency. Tenant acknowledges and agrees that it has inspected, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to the Premises (whether or not such portion immediately after taking possession of the Premises requiring repairs, or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior usewill inspect, the elements Property (including the Premises) and that Tenant is not relying on any representations or warranties made by Landlord regarding the age of such portion Premises or any other part of the Premises)Property, except as may be expressly set forth in this Lease. Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) years.7.2

Appears in 1 contract

Samples: Sublease (eHealth, Inc.)

Tenant’s Obligations. 9.2.1 Tenant shallsha1l maintain the Premises -------------------- (including without limitation all signs, at metal work, doors, door jambs, door hardware, door closers, non-bearing interior walls, partitions, floors, ceilings, appliances, fixtures and all times during exposed plumbing, electrical and EVAC systems located within the Term Premises) in good, clean, safe and sanitary order and condition and, at Tenant's sole cost and expense, keep shall make all repairs and replacements as and when Landlord deems necessary to preserve the Premises in a good, clean, safe and every part thereof including structural sanitary order and non-structural in good order, condition and repair, ordinary wear and tear and casualty as described in Section 18 exceptedcondition. Tenant shall exercise and perform good maintenance practices. Tenant's repair and maintenance obligations shall include all equipment sha11 be responsible for such structural repairs or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent structural replacements to the Premises (whether as are necessitated or not such portion occasioned by, and be responsible for any and all damage to the Building caused by, the acts, omissions or negligence of Tenant or any person claiming through or under Tenant, or any of their servants, employees, contractors, agents, visitors or licensees, or by the use or occupancy or manner of use or occupancy of the Premises requiring repairsby Tenant or any such person; the repair of any such damage sha1l be made by Landlord, at such times as Landlord deems necessary (whether after normal business hours, during weekends or the means of repairing sameotherwise), are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of at Tenant's usecost and expense; and Tenant sha1l reimburse to Landlord all such costs and expenses, any prior use, the elements or the age together with a management and administration fee of such portion ten percent (10%) of the Premises). amount thereof, within ten (10) days after submission by Landlord to Tenant of a statement of the amount thereof; provided, however, that Tenant shall have the right, subject to Landlord's reasonable approval and subject to compliance with the provisions of Section 10.3, to repair ------------ such damage at Tenant's obligations shall include restorations, replacements or renewals when necessary cost and expense (excluding payment of any administrative fee to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(sLandlord) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, at such times as Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) yearsdeems necessary.

Appears in 1 contract

Samples: Netsource Communications Inc

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Tenant’s Obligations. 9.2.1 (a) Except as otherwise expressly provided in this Lease, Tenant shall, at all times during the Term and at Tenant's sole cost and expense, keep and maintain the interior of the Premises and every part thereof including structural and all non-structural common fixtures and equipment therein, including, but not limited to, all plumbing, HVAC equipment and ducts attached thereto, (including any such equipment which may be mounted outside the Premises and which serves Tenant exclusively); exposed electrical, gas, water and sewer pipes, lines and connections within the Premises; fire extinguishers; interior wall, ceiling and floor surfaces and coverings; dock bumpers, dock lift and seals; cranes; all exterior lighting and components thereof, including, without limitation, all bulbs, poles and their bases, globes and wiring; window frames and glass; all doors (including overhead and sliding); and all signs of Tenant erected on the Building or outside of the Premises in good order, condition and repair, ordinary wear order and tear condition, making all repairs and casualty replacements thereto as described in Section 18 excepted. Tenant shall exercise may be required; make all necessary repairs and replacements and perform good all necessary maintenance practices. Tenant's repair and maintenance obligations shall include all equipment or facilities serving custodial service with regard to the Premises, such as plumbingincluding, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, drivewayswithout limitation, parking lots, fencesdriveways and sidewalks, retaining wallswater, signssewer, sidewalks and parkways sprinkler lines and fixture related thereto located in, onon or about the Premises ; remove any snow and ice; landscaping and all ground maintenance, about (i.e., lawn mowing, weed control, etc.) which may be required. All repairs and replacements shall be in quality equal to or adjacent better than the original equipment, materials or work. Tenant shall at all times maintain sufficient heat in the Premises to prevent freezing of sprinkler and water lines. If Tenant installs or moves partitions or walls within the Premises, Tenant shall make, at its own expense but subject to Landlord's approval, all additions to or changes in location of heating, plumbing, sprinkler or electrical lines and equipment made necessary by those installations. Tenant shall be responsible for weed control and snow removal over any sidewalks, stairways, ramps, driveways or dock areas contiguous to the Premises (whether and over which Tenant has exclusive use or not such portion of control. Tenant shall provide and contract for a preventative maintenance program for the Premises requiring repairsHVAC system, or the means of repairing same, are reasonably or readily accessible to Tenant, sprinkler systems and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of all cranes located on the Premises). Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Premises ; and all improvements thereon or further provide Landlord with a part thereof in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) yearsquarterly report thereof.

Appears in 1 contract

Samples: Lease Agreement (Erico Products Inc)

Tenant’s Obligations. 9.2.1 Tenant shallExcept as provided in Section 10.1 above, Tenant, at all times during the Term and at Tenant's ’s sole cost and expense, keep the Premises shall maintain, repair and every part thereof including structural and replace all non-structural portions of each Building and Premises, including the entire interior and exterior and all improvements now or hereafter located on the Premises, and keep same and all parts thereof in good order, condition order and repair, ordinary wear including without limitation, the following: (a) all HVAC, plumbing, electrical, sewerage and tear mechanical systems exclusively serving the Premises; (b) all fixtures, interior walls, floors (excluding subfloors and casualty as described foundations), carpets, draperies, window coverings, and ceilings; (c) all windows, doors, entrances, and plate glass; (d) interior and exterior lighting; (e) any fire detection or extinguisher equipment; (f) interior walls, (f) public and private utility connections exclusively serving the Premises from the point of connection to the Premises, (j) pipes and mains exclusively serving the Premises from the point of connection to the Premises; and (k) all other fixtures, machinery, apparatus, equipment and appurtenances now or hereafter belonging to, connected with or used in Section 18 excepted. Tenant shall exercise and perform good maintenance practicesconjunction with the Premises. Tenant's repair and maintenance ’s obligations shall include all equipment or facilities serving necessary repairs and replacements. All such repairs and replacements shall be of reasonably similar quality as the item so replaced and sufficient for the proper maintenance and operation of the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent . Tenant shall not permit anything to be done upon the Premises (whether 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 such portion 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 have no responsibility to perform or construct, any repair, maintenance or improvements necessitated by the acts or omissions of Landlord or any other occupant of the Premises requiring repairsProject, or their respective agents, employees or contractors. Without limiting the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion generality of the Premises). Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments theretoforegoing, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises agrees as reasonably required, but not more frequently than once every seven (7) years.follows:

Appears in 1 contract

Samples: Office Lease (ShockWave Medical, Inc.)

Tenant’s Obligations. 9.2.1 Tenant shall, at all times during the Term and at Tenant's ’s sole cost and expense, keep and maintain in good order, condition, and repair at all times during the Lease Term the Premises and every part thereof thereof, including, but not limited to: (i) all plumbing and sewage facilities (including structural all sinks, toilets, faucets and non-structural drains) within or exclusively serving the Premises; (ii) all ducts, pipes, vents and other parts of the HVAC system within or exclusively serving the Premises; (iii) all improvements, fixtures, equipment, interior walls and window coverings, floors and floor coverings, and ceilings within the Premises; (iii) all windows, doors, entrances, plate glass, showcases and skylights within the Premises (including the replacement of any damaged or broken glass); (iv) all electrical facilities and equipment (including all electrical wiring and conduits, fans, vents, exhaust equipment and systems) and all other equipment of any type within or exclusively serving the Premises; (v) any automatic fire extinguisher equipment located in good orderthe Premises; and (vi) any restroom(s) located within the Premises. In addition, condition Tenant shall, at Tenant’s own expense, but under the supervision and repairsubject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant. In the event that Tenant fails to conduct any maintenance, or to make any repairs required pursuant to this Section 6.1, Landlord may, after written notice to Tenant and casualty as described in Section 18 excepted. Tenant’s failure to cure such failure within three (3) days thereafter, make such repairs and replacements on Tenant’s behalf, and Tenant shall exercise and perform good maintenance practices. Tenant's repair and maintenance obligations shall include all equipment or facilities serving pay Landlord, within fifteen (15) days following receipt of an invoice, the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing systemcost thereof, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to the Premises (whether or not such portion a percentage of the Premises requiring repairscost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for expenses arising from Landlord’s involvement with such repairs occurs as a result and replacements. All repairs and replacements required of Tenant's use, any prior use, the elements or the age of such portion of the Premises). Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. If, inclusive of Tenant's occupancy Tenant pursuant to earlier lease agreement(s) this Section 6.1 shall be promptly made with new materials of like kind and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) yearsquality.

Appears in 1 contract

Samples: Acceptance Agreement (Rodgers Silicon Valley Acquisition Corp)

Tenant’s Obligations. 9.2.1 Subject to the provisions of Paragraph 7.2 (Landlord's Obligations), Paragraph 9 (Damage or Destruction) and Paragraph 14 (Condemnation), Tenant shall, at all times during the Term and at Tenant's sole cost and expenseexpense and at all times, keep the Premises and every part thereof including structural and non-structural in good order, condition and repair, ordinary wear and tear and casualty as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. Tenant's repair and maintenance obligations shall include all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to the Premises (whether or not such portion of the Premises requiring repairsrepair, or the means of repairing the same, are reasonably reasonable or readily accessible to Tenant, Tenant and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises)) including, without limiting the generality of the foregoing, all equipment or facilities specifically serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire hose connectors if within the Premises, fixtures, interior walls, interior surfaces of exterior walls, ceilings, floors, windows, doors, plate glass, but excluding any items which are the responsibility of Landlord pursuant to Paragraph 7.2 below. Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repairrepair and shall require that Tenant, at its expense, enter into a maintenance and service agreement (the "HVAC Maintenance Agreement") for the HVAC system which agreement and vender shall be reasonably acceptable to Landlord. If[Notwithstanding the foregoing, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied Landlord shall maintain the HVAC system serving the Premises for seven (7) years or more, Landlord may require Tenant to repaint in good repair and condition at its expense throughout the exterior first year of the buildings on Term and shall, at its expense, make any capital expenditures required to keep the Premises as reasonably requiredHVAC system in good repair and condition, but not more frequently than once every seven (7) yearsprovided that Tenant shall have maintained the HVAC Maintenance Agreement in full force and effect throughout the second and all subsequent years of the Term.

Appears in 1 contract

Samples: SBS Technologies Inc

Tenant’s Obligations. 9.2.1 (i) Tenant shall, at all times during the Lease Term and at Tenant's its sole cost and expense, regularly clean and continuously keep the Premises and every part thereof including structural and non-structural maintain in good order, condition and repairrepair the Leased Premises and every part thereof including, ordinary wear without limiting the generality of the foregoing, (i) roof membrane, (ii) elevators, (iii) electrical, plumbing, and tear life safety systems, (iv) all walls, floors and casualty as described in Section 18 exceptedceilings, (v) all windows, doors and skylights, (vi) all electrical wiring, conduits, connectors and fixtures within the Leased Premises, (vii) all sinks, toilets, and faucets and plumbing, pipes, and drains, (viii) all lighting fixtures, bulbs and lamps, (ix) the Building’s HVAC systems and any HVAC equipment installed by or at the request of Tenant or exclusively serving the Leased Premises, and (x) all entranceways to the Leased Premises. Tenant shall, at Tenant’s sole cost and expense, provide for its own janitorial service for the Leased Premises. Tenant shall exercise hire, at Tenant’s sole cost and expense: (A) a licensed HVAC contractor to regularly and periodically (not less frequently than every three months) inspect and perform good required maintenance practices. Tenant's repair on the HVAC equipment and maintenance obligations shall include all equipment or facilities systems serving the Leased Premises, (B) a licensed elevator technician to regularly and periodically (not less frequently than every three months) inspect and perform required maintenance on the elevator(s) of the Leased Premises and (C) a licensed roofing contractor to regularly and periodically (not less frequently than every three months) inspect and perform required maintenance on the roof of the Leased Premises. Tenant shall, at its sole cost and expense, repair all damage to the Leased Premises, the Building, the Common Areas, the Property, or the Project 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 periods set forth in Paragraph 12.1 below, 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 plumbingAdditional Rent, heatingthe costs so incurred by Landlord for same. All glass within or a part of the Leased Premises, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (both interior and exterior, is at the sole risk of Tenant and any broken glass shall promptly be replaced by Tenant at Tenant’s expense with glass of the same kind, size and quality. With respect to the items for which Tenant is responsible described in this Paragraph 5.1(a), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks Landlord agrees to assign to Tenant on a non-exclusive basis (it being the intent that Landlord and parkways located in, on, about or adjacent Tenant be benefitted by such warranties) and to the Premises (whether extent assignable, any applicable warranties in favor of Landlord or its affiliates. To the extent any such warranties are not assignable, Landlord agrees to enforce such portion of warranties for Tenant’s benefit. Notwithstanding the Premises requiring repairsforegoing or anything to the contrary herein, or the means of repairing same, are reasonably or readily accessible to TenantLandlord shall perform and construct, and whether Tenant shall have no responsibility (1) to perform or not the need for such repairs occurs as a result of Tenant's useconstruct, any prior userepair, maintenance or improvements necessitated by the elements acts or omissions of Landlord or its agents, employees or contractors or (2) to pay for the age of same the extent Landlord has a right to and obtains reimbursement from others (and Landlord shall exercise commercially reasonable efforts to obtain such portion of the Premisesreimbursement). Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) years.Building G

Appears in 1 contract

Samples: Disturbance Agreement (Palo Alto Networks Inc)

Tenant’s Obligations. 9.2.1 Except as set forth in Section 8.2 below, Tenant shallassumes full and sole responsibility for condition, at all times during the Term operation, repair, alteration, improvement, replacement, maintenance and management ofthe Premises. Tenant agrees, at Tenant's sole cost and expense, keep the to take good care oft4e Premises and every part thereof including structural keep same and non-structural all parts thereof, together with any and all alterations and additions thereto, in good order, condition and repair, ordinary wear and tear and casualty suffering no waste or injury. Except as described set forth in Section 18 excepted8.2 below, Tenant shall, at its sole cost and expense, promptlyperfonn all maintenance and make all necessary repairs and replacements, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to any equipment now or hereafter located in the Premises, including, without limitation., HVAC systems, lighting and electrical systems, plumbing system, lines and equipment, other mechanical and building systems, dock and loading areas, truck doors, fire sprinklers and protection systems, water, sewer, gas, HVAC and electricity connections, pipes, mains, entries, doors, ceilings, windows, interior walls and interior side of demising walls and all other fixtures, machinery, apparatus, equipment and appurtenances now or hereafter belonging to, connected with or used in conjunction with the Premises. All such repairs and replacements shall be offirst class quality and sufficient for the proper maintenance and operation ofthe Premises. Tenant shall exercise keep and perform good maintenance practicesmaintain the Premises safe, secure and clean,.specifically including, but not byway of limitation., removal ofwaste and refuse matter. Tenant's repair and maintenance obligations Tenant shall include all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent not permit anything to be done upon the Premises (whether and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or not such portion of the Premises requiring repairsin part, or prevent the means procurement of repairing sameany insurance policies which may, are reasonably or readily accessible to Tenantat any time, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises). Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) years.be required 781999_9 11

Appears in 1 contract

Samples: Systemax Inc

Tenant’s Obligations. 9.2.1 Subject to the provisions of Paragraphs 4.11 and 5.1(b) and Articles 10 and 11, 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 the Property, and every part thereof including, without limiting the generality of the 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) landscaping, and (vii) all entranceways to the Leased Premises. Tenant, if requested to do so by Landlord, shall hire, at Tenant's sole cost and expense, a licensed heating, ventilating and air conditioning contractor to regularly and periodically (not less frequently than every three months) inspect and perform required maintenance on the heating, ventilating and air conditioning equipment and systems serving the Leased Premises, or alternatively, Landlord may, at its election, contract in its own name for such regular and periodic inspections of and maintenance on such heating, ventilating and air conditioning equipment and systems and charge to Tenant, as Additional Rent, the cost thereof. Tenant, if requested to do so by Landlord, shall hire, at Tenant's sole cost and expense, a licensed roofing contractor to regularly and periodically (not less frequently than every 12 months) inspect and perform required maintenance on the roof of the Leased Premises, or alternatively, Landlord may, at its election, contract in its own name for such regular and periodic inspections of and maintenance on the roof and charge to Tenant, as Additional Rent, the cost thereof. Tenant shall, at all times during the Lease Term, keep in a clean and safe condition the Outside Areas. Tenant shall regularly and periodically sweep and clean the driveways and parking areas. Tenant shall, at its sole cost and expense, repair all damage to the Leased Premises 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 every 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 thereof including structural of the Leased Premises, both interior and non-structural exterior, is at the sole risk of Tenant and any broken glass shall promptly be replaced by Tenant at Tenant's expense with glass of the same kind, size and quality. Notwithstanding the foregoing, in good orderthe event that, condition and repair, ordinary due to normal wear and tear and casualty as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. Tenant's would be required by this Paragraph 5.1(a) to make a repair and maintenance obligations shall include all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent replacement to the Premises (whether or not such portion of the Premises requiring repairs, Building Shells or the means of repairing sameLandlord's Improvements (as defined in Schedule 1) that would be considered a "capital improvement" as determined in accordance with generally accepted accounting principles, are reasonably Landlord shall make such repair or readily accessible replacement and charge to Tenant, as Additional Rent, the cost thereof (provided that the cost of such repair or replacement shall be amortized over its useful life and whether only the amortizing portion of such cost shall be included in Additional Rent on a monthly basis). Subject to the provisions of Paragraphs 4.11 and 5.1(b) and Articles 10 and 11, Landlord shall have no obligation to make any repair or not replacement in accordance with the need for foregoing sentence to the extent such repairs occurs repair or replacement is required as a result of Tenant's usenegligence, any prior use, the elements misuse or the age of such portion overuse of the Premises). Tenant's obligations shall include restorations, replacements Leased Premises or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) yearsProperty.

Appears in 1 contract

Samples: Lease (Cell Genesys Inc)

Tenant’s Obligations. 9.2.1 Tenant shall, at all times during the Term and at Tenant's sole cost and expense, (a) maintain and keep the Premises and every part thereof including structural and non-structural in good order, condition and repair, ordinary wear good working order and tear free of litter and casualty as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. Tenant's repair and maintenance obligations shall include all equipment or facilities serving refuse the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to the Premises (whether or not such portion of the Leased Premises requiring repairsand, or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need except for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises). TenantLandlord's obligations shall include restorationsunder Section 7.2 of this Lease, replacements or renewals when necessary to keep the Premises make any and all improvements thereon repairs and replacements thereto as and when required, ordinary or a part thereof in good orderextraordinary, condition and state of repair. Ifforeseeable or unforeseeable, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably requiredincluding, but not more frequently than once every seven limited to, the maintenance, repair and replacement of any and all furnishings, fixtures and leasehold improvements within the Leased Premises, exterior entrances, windows and plate glass within or part of the wall delimiting the Leased Premises and any electrical wiring, lighting fixtures, heating or plumbing fixtures, pipes, air conditioning or heating components contained within and exclusively serving the Leased Premises; and (7b) yearskeep unclogged and in good repair all drains, traps and sewer pipes serving the Leased Premises and maintain and leave the same in good working order. At Landlord's option, ordinary maintenance of any of the systems described above shall be undertaken by Landlord in which event, promptly upon demand by Landlord, Tenant shall reimburse Landlord (such reimbursement to constitute Additional Rent hereunder) for all costs and expenses incurred by Landlord in connection with such maintenance undertaken.

Appears in 1 contract

Samples: Office Lease (C Me Run Corp)

Tenant’s Obligations. 9.2.1 Tenant shall, at Tenant's expense, preserve and maintain the Project at all times during as a high quality, first class office/industrial facility and in accordance with all Governmental Requirements in existence from time-to-time, the Term Rules and Regulations and the CCR's. Tenant shall, at Tenant's sole cost and expense, keep maintain all parts of the Premises Project in a good, clean and every part thereof including secure condition promptly making all necessary repairs and replacements, structural and non-structural in good ordernonstructural (whether or not such portion of the Project requiring repairs or the means of repairing the same, condition are reasonably or readily accessible to Tenant, and repair, ordinary wear and tear and casualty whether or not the need for such repairs occurs as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. a result of Tenant's repair and maintenance obligations shall include use, any prior use, the elements or the age of such portion of the Project or by defects in the Project or changes in Governmental Requirements or the CCR's occurring prior to or after the date hereof), including without limiting the generality of the foregoing, all equipment or facilities serving the PremisesProject, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roofroofs, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about about, or adjacent to the Premises Project. Notwithstanding the foregoing, if any change in any Governmental Requirement after the Term Commencement Date applicable to the Project generally and unrelated to Tenant's use or occupancy thereof requires any capital expenditure for the Project, the cost of such capital expenditure shall be amortized over the useful life of such capital expenditure (as reasonably determined by Landlord), and Landlord shall pay the portion of such capital expenditure applicable to the portion of the useful life, if any, which is not within the Initial Term or any Extension Term (whether or not such portion of the Premises requiring repairs, or the means of repairing same, are reasonably or readily accessible to exercised). Tenant, in keeping the Project in good order, condition and whether or not the need for such repairs occurs as a result of Tenant's userepair, any prior use, the elements or the age of such portion of the Premises)shall exercise and perform good maintenance practices. Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Premises Project and all improvements thereon or a part thereof in good order, condition and state of repair. IfTenant shall, inclusive during the term of this Lease, keep the exterior appearance of the Building in a first class condition consistent with the exterior appearance of other similar facilities constructed on property affected by the CCR's, including, when necessary, the exterior repainting of the Building. Tenant shall, at Tenant's occupancy pursuant sole cost and expense, perform necessary pest extermination and regular removal of trash and debris. Tenant shall, at Tenant's sole cost and expense, procure and maintain contracts reasonably approved by Landlord and with contractors reasonably approved by Landlord and specializing and experienced in, the inspection, maintenance and service of the following equipment and improvements, if any, located or to earlier lease agreement(sbe located on the Project: (i) heating, air conditioning and ventilation equipment, (ii) boiler, fired or unfired pressure vessels, (iii) fire sprinkler and/or standpipe and hose or other automatic fire extinguishing systems, including fire alarm and/or smoke detection, (iv) landscaping and irrigation systems, (v) roof covering and drain maintenance and (vi) asphalt and parking lot maintenance; provided, however, that Tenant shall not be required to procure and maintain a contract with respect to the maintenance requirements of subclauses (v) and amendments thereto(vi), if Tenant desires to be directly responsible for such inspection, maintenance and service. Each such service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual (or providing for a scope of services which is otherwise commercially reasonable) and must become effective and a copy thereof delivered to Landlord within thirty (30) days of the Term Commencement Date. Tenant shall not damage the roof, foundation or any demising wall or disturb the integrity and support provided by the roof, foundation or any demising wall and shall, at its sole expense, immediately repair any damage to the roof, foundation or any demising wall. Upon termination of this Lease, Tenant has occupied shall return the Premises for seven (7Project broom clean, and in high quality, first class condition, ordinary wear and tear excepted and, at Landlord's option, shall remove the Subject Alterations, all as provided in SECTION 8.1(b) years or more, Landlord may require Tenant hereof. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to repaint cause any damage to the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) yearsProject whatsoever.

Appears in 1 contract

Samples: Leiner Health Products Inc

Tenant’s Obligations. 9.2.1 (a) Tenant shallshall keep and maintain in good, at all times during sanitary order, condition, and repair (including replacement of parts and equipment if necessary) the Term and at Tenant's sole cost and expense, keep non-structural portions of the Premises and every part thereof and any and all appurtenances thereto wherever located, including, without limitation, the interior surfaces of the exterior wall, the exterior and interior portion of all doors, door frames, door checks, windows (including structural window sashes, casements and non-structural in good order, condition and repair, ordinary wear and tear and casualty as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. Tenant's repair and maintenance obligations shall include all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exteriorframes), foundations, ceilings, roof, floors, windows, doors, plate glass, skylightsstorefront, landscaping, driveways, parking lots, fences, retaining walls, Tenant’s signs, sidewalks all plumbing and parkways located insewage facilities within the Premises (including free flow up to the main sewer line), onfixtures, about or adjacent to heating and air conditioning, and electrical systems exclusively serving the Premises (whether or not such portion of the Premises requiring repairs, or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of located in the Premises). Tenant's obligations shall include , fire sprinkler system, walls, floor and ceilings, and all other repairs, replacements (exclusive of replacements of capital items), renewals and restorations, replacements interior and exterior, ordinary and extraordinary, foreseen and unforeseen, and all other work performed, and additions, alterations, and improvements installed by or renewals when necessary to keep on behalf of Tenant. Any glass in the Premises broken during the Term shall promptly be replaced by Tenant with glass of the same quality, size and all improvements thereon or a part thereof in good orderkind. Subject to force majeure delays, condition and state of repair. If, inclusive of Tenant's occupancy pursuant if Tenant shall fail to earlier lease agreement(sreplace same within seventy-two (72) and amendments thereto, Tenant has occupied the Premises for seven (7) years or morehours after such glass is broken, Landlord may require Tenant to repaint shall have the exterior of the buildings on the Premises as reasonably requiredright, but shall not more frequently than once every seven (7) yearsbe obligated, to replace such glass, in which event Tenant shall, promptly upon demand therefor by Landlord, reimburse Landlord for expenses incurred by Landlord in connection therewith.

Appears in 1 contract

Samples: Alphatec Holdings, Inc.

Tenant’s Obligations. 9.2.1 Subject to the provisions of Paragraphs 21 -------------------- and 22, Tenant shall, shall at all times during the Term and at Tenant's sole its own cost and expenseexpense clean, keep the Premises and every part thereof including structural and non-structural maintain in good order, condition and repair, ordinary wear and tear and casualty as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. Tenantrepair every part of the Premises which is not within Landlord's repair and maintenance obligations shall include all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exteriorobligation pursuant to Subparagraph 14(a), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to the Premises (whether or not such the portion of the Premises requiring repairs, maintenance or repair or the means of repairing same, thereof are reasonably or readily accessible to Tenant, and whether or not the need for such repairs or maintenance occurs as a result of Tenant's use, any prior usechanges in applicable laws, codes, rules or regulations, the elements elements, or the age of such portion of the Premises. Tenant's repair and maintenance obligations shall include, without limitation, the following: all plumbing, sewage, heating, ventilating, air-conditioning, electrical, water, lighting, telephone, data transmission, and communication facilities, equipment, and systems; elevators; stairs; stairwells; restrooms; lobbies; boilers and pressure vessels; fire protection systems, including fire alarm and/or smoke detection facilities; all fixtures; walls (interior and exterior); ceilings; roofs (including roof coverings); floors; windows; window frames; doors; plateglass; showcases; skylights; lighting fixtures; lamps; fans and any exhaust equipment and systems; and motors. Tenant shall exercise good maintenance practices in performing its obligations hereunder, specifically including, without limitation, procurement and maintenance of service contracts, reasonably acceptable to Landlord, for heating, ventilation and air-conditioning equipment, roofs, elevators, boiler and pressure vessels, and fire protection systems. Tenant's obligations under this Subparagraph 14(b) shall include restorations, replacements or and/or renewals when necessary to keep the Premises and all improvements thereon or a part thereof therein required to be maintained by Tenant under this Lease in good order, condition and state of repair. IfNotwithstanding the foregoing to the contrary, inclusive Tenant shall have no obligation to repair or maintain those portions of the Premises which it is obligated to do so under this Subparagraph 14(b) if such maintenance or repair is required as a result of any damage thereto caused by the gross negligence of willful misconduct of Landlord or Landlord's employees or contractors and the cost of any such repair or maintenance is not covered by insurance maintained or required to be maintained by Tenant under this Lease. Tenant shall keep the exterior appearance of the Building and the Parking Structure in a first-class condition consistent with the exterior appearance of other similar facilities of comparable age in the vicinity, including, when necessary, the repainting of any painted exterior surfaces of the Building and the Parking Structure. Tenant shall also be responsible for all pest control within the Premises. Notwithstanding the foregoing to the contrary, if after the last day of the eighth Lease Year any of the improvements required to be maintained by Tenant under this Paragraph 14(b) require, in the reasonable opinion of Tenant's occupancy pursuant contractor (and with which opinion Landlord reasonably concurs), replacement and the cost of such replacement would, under generally accepted accounting principles, be a capital expense, then Landlord shall cause such replacement to earlier lease agreement(sbe made and the cost thereof (amortized over the useful life of the replacement made, as determined in accordance with generally accepted accounting principles, together with interest at the maximum rate allowed by law on the unamortized balance) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require shall be payable by Tenant to repaint Landlord as Additional Rent hereunder on the exterior first day of each month of the buildings on Term (including any extension thereof through the Premises Option Period); provided, however, in the event the replacement is required as reasonably requireda result of the negligence or willful misconduct of Tenant or Tenant's employees, but not more frequently than once every seven (7) yearscontractors, agents, or invitees, then the replacement shall be made by Tenant at its sole cost and expense.

Appears in 1 contract

Samples: Office Building Lease (Kana Communications Inc)

Tenant’s Obligations. 9.2.1 Tenant Except to the extent of Landlord's express obligations under Xxxxxxxxx 00.X, Xxxxxx shall, at all times during the Term and at Tenant's its sole cost and expense, keep and maintain the Premises (including appurtenances) and every part thereof including structural and non-structural in good order, condition a high standard of maintenance and repair, ordinary wear and tear in good and casualty as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practicessanitary condition. Tenant's ’s maintenance and repair and maintenance obligations shall include responsibilities herein referred to include, but are not limited to, all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doorswindow frames, plate glass, skylightsglazing, landscapingtruck doors, drivewaysplumbing systems (such as water and drain lines, parking lotssinks, fencestoilets, retaining wallsfaucets, signsdrains, sidewalks showers and parkways located inwater fountains), onelectrical systems (such as panels, about or adjacent to conduits, outlets, lighting fixtures, lamps, bulbs, tubes, ballasts), heating and air conditioning distribution and temperature control systems (such as fans, air handlers, ducts, mixing boxes, thermostats, time clocks, supply and return grills), telecommunication systems within the Premises (whether or not such portion including without limitation all distribution throughout the Premises from Tenant's computer closets), and telecommunication systems located outside of the Premises requiring repairs(including without limitation intra Building telephone, telecommunication and network cabling) installed to exclusively serve all or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises). Tenant's obligations shall include restorations, replacements or renewals when necessary to keep all interior improvements within the Premises including but not limited to wall coverings, window coverings, carpet, floor coverings, partitioning, ceilings, doors (both interior and exterior, including closing mechanisms, latches, and locks), skylights (if any), automatic fire extinguishing systems, and all other interior improvements thereon or a part thereof in good order, condition and state of repairany nature whatsoever. If, inclusive of Tenant's occupancy pursuant Tenant also agrees to earlier lease agreement(s) and amendments thereto, Tenant has occupied provide janitorial services for the Premises as well as carpet xxxxxxx under all rolling chairs or to otherwise be responsible for seven (7) years or more, wear and tear of the carpet caused by such rolling chairs if such wear and tear exceeds that caused by normal foot traffic in surrounding areas. Areas of excessive wear in the Premises shall be replaced at Tenant’s sole expense upon Lease termination. If Landlord may elects to require Tenant to repaint maintain the exterior HVAC equipment, Tenant shall contract with a service company for the quarterly maintenance of the buildings on heating and air conditioning equipment, with a copy of the Premises as reasonably requiredservice contract to be furnished to Landlord within ten (10) days after opening for business, but not more frequently than once every seven (7) yearsand a copy of any subsequent contracts to be furnished from time to time. If Tenant needs to access Building system, including without limitation the Building telecommunication system, Tenant shall have the right to do so only upon the prior written consent of Landlord and by utilization of a contractor consented to by Landlord, provided that despite any such consent by Landlord, Tenant shall remain fully responsible for the acts, omissions and negligence of any such contractor.

Appears in 1 contract

Samples: Lease Agreement (Sierra Monitor Corp /Ca/)

Tenant’s Obligations. 9.2.1 Tenant shall, at all times during the Term and at Tenant's sole cost and expense, keep and maintain in good order, condition, and repair at all times during the Lease Term the Premises and every part thereof thereof, including, but not limited to: (i) all plumbing and sewage facilities (including structural all sinks, toilets, faucets and non-structural drains) within or exclusively serving the Premises; (ii) all ducts, pipes, vents and other parts of the HVAC system within or exclusively serving the Premises; (iii) all improvements, fixtures, equipment, interior walls and window coverings, floors and floor coverings, and ceilings within the Premises; (iv) all windows, doors, entrances, plate glass, showcases and skylights within the Premises (including the replacement of any damaged or broken glass); (v) all electrical facilities and equipment (including all electrical wiring and conduits, fans, vents, exhaust equipment and systems) and all other equipment of any type within or exclusively serving the Premises (including without limitation the Building Systems); (vi) any automatic fire extinguisher equipment located in good orderthe Premises; and (vii) any restroom(s) exclusively serving the Premises. With respect to the HVAC system located within or exclusively serving the Premises, condition Tenant shall maintain continuously throughout the Lease Term a service contract for the maintenance of such HVAC system and repairall related equipment with a licensed HVAC repair and maintenance contractor reasonably approved by Landlord, which contract provides for the periodic inspection and servicing of such HVAC system and equipment in accordance with the manufacturer's recommendations, but in any event at least once every quarter during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant. In the event that Tenant fails to conduct any maintenance, or to make any repairs required pursuant to this Section 6.1, Landlord may, after written notice to Tenant and casualty as described Tenant's failure to cure such failure within fifteen (15) days thereafter (provided, however, that if such cure cannot reasonably be effected within such fifteen (15) day period and Tenant begins such cure promptly within such fifteen (15) day period and is pursuing such cure in Section 18 excepted. good faith and with diligence and continuity during such fifteen (15) day period, then, Tenant shall exercise have such additional time as is reasonably necessary to effect such cure), make such repairs and perform good maintenance practices. replacements on Tenant's repair behalf (provided, however, that in the event of an emergency no notice from Landlord shall be required and maintenance obligations Landlord shall include all equipment or facilities serving have the Premisesright to immediately make such repairs and replacements on Tenant's behalf), such as plumbingand Tenant shall pay Landlord, heatingwithin fifteen (15) days following receipt of an invoice, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing systemthe cost thereof, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to the Premises (whether or not such portion a percentage of the Premises requiring repairscost thereof (to be uniformly established for the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for expenses arising from Landlord's involvement with such repairs occurs as a result and replacements. All repairs and replacements required of Tenant's use, any prior use, the elements or the age of such portion of the Premises). Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. If, inclusive of Tenant's occupancy Tenant pursuant to earlier lease agreement(s) this Section 6.1 shall be promptly made with new materials of like kind and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) yearsquality.

Appears in 1 contract

Samples: Lease (PROCEPT BioRobotics Corp)

Tenant’s Obligations. 9.2.1 (a) Except for items which are the responsibility of Landlord pursuant to Paragraph 7.2 below, Tenant shall, at all times during the Term and at Tenant's sole cost and expenseexpense and at all times, keep the Premises and every part thereof including structural and non-structural in good order, condition and repair (whether or not such portion of the Premises requiring repair, ordinary wear or the means of repairing the same, are reasonably or readily accessible to Tenant, and tear and casualty whether or not the need for such repairs occurs as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. a result of Tenant's repair and maintenance obligations shall include use, any prior use, the elements or the age of such portion of the Premises), including, without limiting the generality of the foregoing, all equipment or facilities serving within the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundationswalls, ceilings, roof, floors, windows, doors, plate glass, glass and skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located . Tenant shall not cause or permit any Hazardous Substance to be spilled or released in, on, under or about or adjacent to the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Tenant's expense, take all investigatory and/or remedial action reasonably recommended, whether or not such portion formally ordered or required, for the cleanup of the Premises requiring repairs, or the means of repairing same, are reasonably or readily accessible to Tenantany contamination of, and whether or not for the need for such repairs occurs as a result of Tenant's usemaintenance, any prior usesecurity and/or monitoring of, the Premises, the elements surrounding same, or neighboring properties, or pertaining to or involving any Hazardous Substance and/or storage tank. Tenant, in keeping the age of such portion of the Premises)Premises in good order, condition and repair, shall exercise and perform good maintenance practices. Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Premises premises and all improvements thereon or a part thereof in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) years.

Appears in 1 contract

Samples: Diamond Entertainment Corp

Tenant’s Obligations. 9.2.1 As of the Premises Delivery Date, the portion of the Premises consisting of Landlord’s Work shall be in good working condition and in compliance with the Work Letter, and Landlord hereby warrants the same during the Warranty Period and shall repair or replace, as necessary, any such components of the Premises which are not in good working condition to the extent Tenant shallprovides written notice thereof to Landlord within the Warranty Period. Except as expressly set forth in this Paragraph 7.1 and Paragraph 1.2 and Paragraph 5.1, above, the Premises shall be delivered to, and accepted by, Tenant in its “as is” condition with “all faults,” and, excepting any defective components (or noncompliance with Laws) of the Premises noted by Tenant in writing during the Warranty Period, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises, the remainder of the Property or any part thereof either prior to or during the Term, except as expressly set forth in Paragraph 7.2, below. By taking possession of the Premises Tenant agrees that the Premises (and the Property) are suitable for Tenant’s purposes and in good and tenantable condition. During the Term, Tenant, at all times during the Term and at Tenant's sole cost and ’s expense, but under the direction of Landlord if Landlord so elects, shall clean, keep the Premises and every part thereof including structural and non-structural maintain in good order, condition and repairrepair (and replace, ordinary wear if necessary) every part of the Premises and tear the remainder of the Property which is not part of Landlord’s obligation pursuant to Paragraph 7.2 of this Lease, said obligation of Tenant to include (but not be limited to) all Building Systems (including the Building’s HVAC systems and casualty as described in Section 18 excepted. all components thereof (including all machinery, equipment, wires, conduits and lines), the interior of all walls, all floors and floor coverings, ceilings (ceiling tiles and grid), the Tenant shall exercise and perform good maintenance practices. Improvements, any Alterations installed by Tenant's repair and maintenance obligations shall include all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe extinguishers, outlets and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls any appliances (interior including dishwashers, hot water heaters and exteriorgarbage disposals), foundations, ceilings, roof, floors, and all windows, doors, entrances, and plate glass. Tenant shall maintain an HVAC maintenance contract with a reputable HVAC contractor approved by Landlord in Landlord’s reasonable discretion and shall provide Landlord copies of reports received by Tenant from the HVAC contractor regarding the maintenance and repair of the HVAC system, skylightsand permit Landlord to call the HVAC contractor directly in the event of an emergency. Tenant acknowledges and agrees that it has inspected, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to the Premises (whether or not such portion immediately after taking possession of the Premises requiring repairs, or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior usewill inspect, the elements Property (including the Premises) and that Tenant is not relying on any representations or warranties made by Landlord regarding the age of such portion Premises or any other part of the Premises). Tenant's obligations shall include restorationsProperty, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof except as may be expressly set forth in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) yearsthis Lease.

Appears in 1 contract

Samples: Lease Agreement (eHealth, Inc.)

Tenant’s Obligations. 9.2.1 (a) Except as otherwise expressly provided in this Lease, Tenant shall, at all times during the Term and at Tenant's sole cost and expense, shall keep the Premises and every part thereof including structural and non-structural in good order, condition and repairrepair and in a clean, ordinary wear safe and tear sanitary condition free of waste and casualty as described shall maintain and make all necessary repairs and replacements to the interior of the Premises (including, without limitation, all doors (including, without limitation, overhead and sliding), windows, window frames and glass, lights, lighting fixtures, bulbs and/or tubes and ballasts; all fixtures, equipment and improvements therein, including, without limitation, all plumbing, HVAC equipment and ducts attached thereto (including, without limitation, any such equipment which may be mounted outside the Building and which serves the Premises); mechanical equipment (including, without limitation, dock bumpers, lifts and seals); electrical, gas, water, sprinkler and sewer pipes, lines and connections; fire extinguishers; interior wall, ceiling and floor surfaces and coverings; and all signs of Tenant erected on the Premises. All repairs and replacements shall be in Section 18 exceptedquality equal to or better than the original equipment, materials or work. Tenant shall exercise at all times maintain sufficient heat in the Premises to prevent freezing of sprinkler and perform good maintenance practiceswater lines. Tenant's repair and maintenance obligations shall include all equipment If Tenant installs or facilities serving moves partitions or walls within the Premises, such as Tenant shall make, at its sole cost and expense, but subject to Landlord's prior written approval, all additions to or changes in location of heating, plumbing, heatingsprinkler or electrical lines and equipment made necessary by those installations. Tenant shall, air conditioningat Tenant's sole cost and expense, ventilatingbe responsible for the maintenance, electricalrepair and replacement of, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems snow and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, ice removal with respect to any driveways, parking lotssidewalks, fencesstairways, retaining walls, signs, sidewalks ramps and parkways located in, on, about or adjacent dock areas contiguous to the Premises (whether or not such portion of the Premises requiring repairsand over which Tenant has exclusive use and control. Tenant shall, or the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of at Tenant's usesole cost and expense, any prior use, have the elements or the age HVAC system inspected by a licensed and qualified HVAC contractor on a semi-annual basis and shall provide a copy of such portion of the Premises). contractor's semi-annual report to Landlord and Tenant shall, at Tenant's obligations shall include restorationssole cost and expense, make any repairs or replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments thereto, Tenant has occupied HVAC system recommended by the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) yearsHVAC contractor.

Appears in 1 contract

Samples: Lease Agreement (Affymetrix Inc)

Tenant’s Obligations. 9.2.1 Tenant shall, at all times during the Term and at Tenant's ’s sole cost and expenseexpense and at all times, keep the Premises and every part thereof including structural and non-structural in good order, condition condition, and repair, ordinary wear and tear and casualty as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. Tenant's repair and maintenance obligations shall include all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to the Premises (whether or not such portion of the Premises requiring repairsrepair, or the means of repairing the same, are reasonably reasonable or readily accessible to Tenant, Tenant and whether or not the need for such repairs occurs as a result of Tenant's ’s use, any prior use, the elements elements, or the age of such portion of the Premises) including, without limiting the generality of the foregoing, the roof structure, roof membrane and roofing materials, the foundations and exterior walls of the Improvements, all equipment and facilities specifically serving the Premises (such as plumbing, heating, ventilating and air conditioning systems, electrical, lighting facilities, boilers, fired or unfired pressure vessels, and fire hose connectors), all fixtures, interior walls, interior surfaces of exterior walls, ceilings, floors, windows, doors, plate glass, and skylights and all items comprising the Improvements or Upgrade Work, including without limitation all pipes, pipelines, compressors, dispensers, dryers, chillers, heat exchangers, electrical switchgear, systems, facilities and all other equipment or items related thereto. Tenant's ’s obligations shall include restorations, replacements replacements, or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition condition, and state of repair. IfTenant, inclusive at its sole cost and expense shall (a) procure, maintain and comply with all licenses, permits, orders, approvals, consents and other authorizations required for the acquisition, installation, testing, use, development, construction, operation, maintenance, repair, refurbishment and restoration of Tenant's occupancy pursuant to earlier lease agreement(sthe Premises, (b) comply with all manufacturer’s specifications and amendments theretostandards, Tenant has occupied including without limitation the acquisition, installation, testing, use, development, construction, operation, maintenance, repair, refurbishment and restoration of the Premises, whether or not compliance therewith shall require structural or extraordinary changes in the Premises for seven (7) years or more, Landlord may require Tenant to repaint interfere with the exterior use and enjoyment of the buildings Premises, (c) make all alterations or additions to any item of equipment, machinery or Personal Property included within the definition of the Premises required by any applicable law, regulation or order, and (d) maintain accurate and complete books and records regarding the use, operation, maintenance and repair of any item of equipment, machinery or Personal Property included within the definition of the Premises. Tenant shall not allow the Premises to be misused, abused or wasted or to deteriorate (except for ordinary wear and tear), and if any component of on the Premises becomes worn out, lost, destroyed, damaged beyond repair or otherwise permanently rendered unfit for use, Tenant, at its own expense shall, within a reasonable time, replace such component with a replacement component which is free and clear of all liens (other than those liens which Landlord has permitted) and has a value, utility and useful life at least equal to the component replaced (assuming the component replaced had been maintained and repaired in accordance with the requirements of this Lease). If requested by the Landlord, Tenant shall cause any Personal Property to be plainly marked to disclose Landlord’s ownership, as reasonably requiredspecified by Landlord. Tenant shall not, but not more frequently than once every seven without the prior written consent of Landlord, remove from the Premises any fixture or personal property that is included within the definition of the Premises having significant value except such as are replaced by Tenant by fixtures or personal property of equal suitability and value, free and clear of any lien or security interest, which replacements shall be included within the definition of “Premises” hereunder. In the event any item of equipment, machinery or Personal Property included within the definition of the Premises includes (7or requires for its operation or maintenance) yearssoftware governed by a software license, Tenant shall keep said license current for the entire Term and, to the extent the license allows title to the software to pass to the licensee, such title shall vest and remain in Landlord.

Appears in 1 contract

Samples: Lease (Clean Energy Fuels Corp.)

Tenant’s Obligations. 9.2.1 (a) Subject to the provisions of Sections 14 (condemnation), or as otherwise provided in this Lease or where occasioned by the negligence of Landlord or Landlord’s Agents, Tenant shall, at all times during the Term and at Tenant's ’s sole cost and expenseexpense and at all times, keep the Premises and every part thereof including structural and non-structural in good order, condition and repair, ordinary wear structural and tear non-structural (whether or not such portion of the Premises requiring repair, or the means of repairing the same, are reasonably or readily accessible to Tenant, and casualty whether or not the need for such repairs occurs as described in Section 18 excepted. Tenant shall exercise and perform good maintenance practices. a result of Tenant's repair and maintenance obligations shall include ’s use, any prior use, the elements or the age of such portion of the Premises), including, without limiting the generality of the foregoing, all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roofroofs, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent to the Premises. Tenant shall not cause or permit any hazardous substance to be spilled or released in, on, under or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Tenant’s expense, take all investigatory and/or remedial action reasonably recommended, whether or not such portion formally ordered or required, for the cleanup of the Premises requiring repairs, or the means of repairing same, are reasonably or readily accessible to Tenantany contamination of, and whether or not for the need for such repairs occurs as a result of Tenant's usemaintenance, any prior usesecurity and/or monitoring of, the Premises, the elements surrounding the same, or neighboring properties, that was caused or materially contributed to by Tenant, or pertaining to or involving any hazardous substance and/or storage tank brought onto the age of such portion of the Premises)Premises by or for Tenant or under its control. Tenant's , in keeping the Premises in good order, condition and repair, shall exercise and perform good maintenance practices. Tenant’s obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. Ifrepair Tenant shall, inclusive at Tenant’s sole cost and expense, procure and maintain contracts, with copies to Landlord, in customary form and substance for, and with contractors specializing and experienced in, the inspection, maintenance and service of Tenant's occupancy pursuant the following equipment and improvements, if any, located or to earlier lease agreement(sbe located on the Premises: (i) heating, air conditioning and ventilation equipment; (ii) boiler, fired or unfired pressure vessels; (iii) fire sprinkler and/or standpipe and hose or other automatic fire extinguishing systems, including fire alarm and/or smoke detection; (iv) landscaping and irrigation systems; (v) roof covering and drain maintenance; and (vi) asphalt and parking lot maintenance; provided, however, that Tenant shall not be required to procure and maintain a contract with respect to the maintenance requirements of Sections 7.1(a)(v) and amendments thereto(vi) herein, if Tenant has occupied the Premises desires to be directly responsible for seven (7) years or moresuch inspection, Landlord may require Tenant to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) yearsmaintenance and service.

Appears in 1 contract

Samples: Lease (First State Financial Corp/Fl)

Tenant’s Obligations. 9.2.1 Tenant shallExcept as provided in Section 10.1 above, Tenant, at all times during the Term and at Tenant's ’s sole cost and expense, keep the Premises shall maintain, repair and every part thereof including structural and replace all non-structural portions of the Building and Premises, including the entire interior and exterior and all improvements now or hereafter located on the Premises, and keep same and all parts thereof in good order, condition order and repair, ordinary wear including without limitation, the following: (a) all HVAC, plumbing, electrical, sewerage and tear mechanical systems exclusively serving the Premises; (b) all fixtures, interior walls, floors (excluding subfloors and casualty as described foundations), carpets, draperies, window coverings, and ceilings; (c) all windows, doors, entrances, and plate glass; (d) interior and exterior lighting; (e) any fire detection or extinguisher equipment; (f) interior walls, (f) public and private utility connections exclusively serving the Premises from the point of connection to the Premises, (j) pipes and mains exclusively serving the Premises from the point of connection to the Premises; and (k) all other fixtures, machinery, apparatus, equipment and appurtenances now or hereafter belonging to, connected with or used in Section 18 excepted. Tenant shall exercise and perform good maintenance practicesconjunction with the Premises. Tenant's repair and maintenance ’s obligations shall include all equipment or facilities serving necessary repairs and replacements. All such repairs and replacements shall be of reasonably similar quality as the item so replaced and sufficient for the proper maintenance and operation of the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roof, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about or adjacent . Tenant shall not permit anything to be done upon the Premises (whether 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 such portion 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 have no responsibility to perform or construct, any repair, maintenance or improvements necessitated by the acts or omissions of Landlord or any other occupant of the Premises requiring repairsProject, or their respective agents, employees or contractors. Without limiting the means of repairing same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion generality of the Premises). Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. If, inclusive of Tenant's occupancy pursuant to earlier lease agreement(s) and amendments theretoforegoing, Tenant has occupied the Premises for seven (7) years or more, Landlord may require Tenant to repaint the exterior of the buildings on the Premises agrees as reasonably required, but not more frequently than once every seven (7) years.follows:

Appears in 1 contract

Samples: Office Lease (Shockwave Medical, Inc.)

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