Common use of Tenant’s Obligations Clause in Contracts

Tenant’s Obligations. (a) Except as specifically provided in the foregoing Section, Tenant shall, at its sole cost and expense continuously keep and maintain the Leased Premises in a clean and safe condition and maintain the same in good repair, including, without limitation, janitorial service. In the event that Tenant has failed in any respect to observe and perform the covenant contained in the foregoing sentences of this Section, Landlord may (but shall not be obligated to) within ten (10) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its sole cost and expense, install or cause to be installed voice and data cabling in the Leased Premises, as well as any auxiliary cooling for Tenant’s computer servers. Landlord shall provide access to the Leased Premises to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use of the Building by Landlord or any other tenant in the Building, (ii) Tenant shall be liable for any damage, loss or injury caused by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement Date.

Appears in 3 contracts

Samples: Lease Agreement (ProNAi Therapeutics Inc), Lease Agreement (ProNAi Therapeutics Inc), Lease Agreement (ProNAi Therapeutics Inc)

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Tenant’s Obligations. (a1) Except as specifically provided in the foregoing Section, Tenant shallTenant, at its Tenant’s sole cost and expense continuously keep and expense, except for services furnished by Landlord pursuant to Paragraph 7 hereof, shall maintain the Leased Premises in a clean and safe good order, condition and maintain repair including the same in good repairinterior surfaces of the ceilings, walls and floors, all doors, interior windows, and all plumbing pipes, electrical wiring, switches, fixtures, lights which are not those designated as Building Standard Materials on Exhibit B, and equipment installed for the use of the Premises, and shall cause the Premises to comply with all Legal Requirements (including, without limitation, janitorial servicethe ADA) which become effective after the Commencement Date. Notwithstanding any law to the contrary that may now or hereafter exist, Tenant shall not have the right to terminate this Lease because of Landlord’s failure to keep the Premises in good order, condition and repair. (2) In the event Tenant fails to maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to do such acts as are reasonably required to so maintain the Premises. In the event that Tenant has failed fails to promptly commence such work and diligently prosecute it to completion and after the notice and cure periods set out in any respect to observe and perform the covenant contained in the foregoing sentences of this SectionParagraph 18.1(e), Landlord may (but shall not have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be obligated to) within ten (10) days paid by Tenant promptly after written notice demand with interest from the date expended by Landlord to Tenant, cause until paid by Tenant at the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its sole cost and expense, install or cause to be installed voice and data cabling in the Leased Premises, “Default Rate,” as well as any auxiliary cooling for Tenant’s computer serversdefined below. Landlord shall provide access to the Leased Premises have no liability to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use of the Building by Landlord or any other tenant in the Building, (ii) Tenant shall be liable for any damage, loss inconvenience or injury caused interference with the use of the Premises by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from as a result of performing any such damagework. As used in this Lease, loss or injury, including, without limitation, costs and expenses “Default Rate” shall mean the lesser of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised twelve percent per annum (12%) or the Building prior to the Commencement Datemaximum rate permitted by law.

Appears in 3 contracts

Samples: Building Lease (Five9, Inc.), Building Lease (Five9, Inc.), Building Lease (Five9, Inc.)

Tenant’s Obligations. (a) Except as specifically provided in the foregoing Section, Tenant shall, at its sole cost and expense continuously keep and maintain the Leased Premises in a clean and safe condition and maintain the same in good repair, including, without limitation, janitorial service. In the event that Tenant has failed in any respect to observe and perform the covenant contained in the foregoing sentences of this Section, Landlord may (but shall not be obligated to) within ten (10) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its sole cost and expense, install or cause to be installed voice and data cabling in the Leased Premises, as well as any auxiliary cooling for Tenant’s computer servers. Landlord shall provide access to the Leased Premises to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they Tenant shall not unreasonably interfere with any exercise good judgment in their use of the Building premises and common areas so as to not damage the property or cause unnecessary wear and tear. Tenant shall be financially responsible for all maintenance and repairs caused by Landlord the negligence or any other tenant in the Buildingwillful misconduct of itself, its employees, vendors, and invitees. (ii) Tenant shall be liable responsible for all repairs and alterations in and to the Premises, Building and Project and the facilities and systems thereof, the need for which arises out of (i) Tenant’s use or occupancy of the Premises, (ii) the installation, removal, use or operation of Tenant’s Property (as defined in Section 13) in the Premises, (iii) the moving of Tenant’s Property into or out of the Building, or (iv) the negligence or willful misconduct of Tenant, its agents, contractors, employees or invitees. Tenant shall complete all repairs in full compliance with all applicable laws including, but not limited to, the Americans with Disabilities Act of 1990 and all regulations issued thereunder. (iii) If Tenant fails to maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to do such acts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work and diligently prosecute it to completion, then Landlord shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand with interest at the prime commercial rate then being charged by Bank of America NT & SA plus two percent (2%) per annum, from the date of such work, but not to exceed the maximum rate then allowed by law. Landlord shall have no liability to Tenant for any damage, loss inconvenience, or injury caused interference with the use of the Premises by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from as a result of performing any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement Datework.

Appears in 3 contracts

Samples: Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.)

Tenant’s Obligations. (a) Except 6.1 The Tenant shall utilize the premises only for residential purposes. 6.2 The Tenant shall not utilize the premises improperly not in a manner calculated or likely to cause damage to the premises or to constitute a nuisance to, or an interference with, the use and enjoyment of neighbouring premises or properties. 6.3 The Tenant shall comply strictly with, and shall not permit the contravention of: 6.3.1 the provisions of any statute, law, ordinance by-law or regulation; 6.3.2 the provisions of any conduct rule, house rule or the constitution of any homeowner’s association as specifically provided may be applicable to the premises, or to the use or occupation thereof. 6.4 Should there not be any conduct rule, house rule, constitution or law applicable to the premises that limits the number of persons that may occupy the premises, then it is agreed that the premises may be occupied by no more than persons. 6.5 The Tenant shall be obliged to promptly repair and to maintain both the interior and exterior of the premises in good order and condition and to make good all damage thereto and to return the premises to the Landlord on the expiry or other termination of the lease, in good order and condition, fair wear and tear excepted. 6.6 The Tenant shall be obliged to: 6.6.1 inspect the premises jointly with the Landlord prior to taking occupation thereof; 6.6.2 notify the Landlord of any defects in the foregoing Sectionpremises within fourteen (14) days of the commencement date, failing which the premises shall be deemed to have been in good order and condition as at the commencement date. 6.7 The Tenant shall not, without the Landlord’s prior written consent, make any alterations, improvements or additions to the premises. Any alterations, improvements or additions made to the premises shall become the property of the Landlord and may not be removed from the premises upon the expiry or termination of the lease or at any other time, unless the Landlord so directs in writing, in which event the Tenant shall attend thereto at its cost. The Landlord shall not be obliged to pay any compensation to the Tenant for any alterations, improvements or additions made by the Tenant to the premises. 6.8 The Tenant shall not do or permit to be done, any act or thing which might result in, or constitute a breach of, any insurance policy over the premises, or in the increase of the insurance premiums payable in respect thereof. 6.9 The Tenant shall, at its sole cost and expense continuously keep and maintain for the Leased Premises in a clean and safe condition and maintain the same in good repair, including, without limitation, janitorial service. In the event that Tenant has failed in any respect to observe and perform the covenant contained in the foregoing sentences duration of this Sectionlease, Landlord may (but insure the contents of the premises, with a reputable insurer, for their full replacement value. 6.10 The Tenant shall not affix, nor permit to be obligated to) affixed, any sign, advertisement or notice to the premises without the Landlord’s prior written consent. 6.11 The Tenant shall be obliged to inspect the premises jointly with the Landlord within ten a period of three (103) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its sole cost and expense, install or cause to be installed voice and data cabling in the Leased Premises, as well as any auxiliary cooling for Tenant’s computer servers. Landlord shall provide access to the Leased Premises to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use expiry of the Building by Landlord or any other tenant in the Building, (ii) Tenant shall be liable for any damage, loss or injury caused by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement Datelease.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Tenant’s Obligations. (a) Except as specifically provided in the foregoing Section, Tenant shall, at its sole cost and expense continuously keep and maintain the Leased Premises in a clean and safe condition and maintain the same in good repair, including, without limitation, janitorial service. In the event that Tenant has failed in any respect to observe and perform the covenant contained in the foregoing sentences of this Section, Landlord may (but shall not be obligated to) within ten (10) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its 's sole cost and expense, install keep the Premises and every part thereof in good condition and repair, including without limitation, the maintenance and repair of any store front, doors, entrances, vestibules, window casements and glass, showcases, skylights, glazing, heating and air conditioning system (both within or cause to be installed voice and data cabling in dedicated for the Leased Premises, as well as any auxiliary cooling for Tenant’s computer servers. Landlord shall provide access to the Leased Premises to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any exclusive use of the Building Premises), plumbing pipes, electrical, wiring and conduits, damage thereto by fire, earthquake or other casualty, act of God, or the elements excepted. If Landlord requests, Tenant shall continuously maintain a service contract on the heating and air conditioning system and provide Landlord with a copy of the same. Such contract shall be with a reputable licensed heating and air conditioning company. In addition, Tenant agrees to sweep and clean and remove all dirt and debris from any sidewalks adjacent to the Premises on a regular basis, as frequently as necessary to keep such areas in a clean and sightly condition, but no less frequently than once a day. If Tenant does not maintain the Premises as required hereunder, following the expiration of any applicable grace or cure period expressly provided in this Lease Landlord may, but need not, do so and Tenant shall upon demand pay Landlord's cost therefor. Tenant hereby waives all right to make repairs at the expense of Landlord as provided under any other tenant law, statute, ordinance now or hereafter in effect. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in the Buildingsame condition as when received, (ii) Tenant shall be liable for any damagebroom clean, loss or injury caused by any or such persons or to the Leased Premises ordinary wear and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement Datetear excepted.

Appears in 2 contracts

Samples: Shop Lease (Wasatch Food Services Inc), Shop Lease (Wasatch Food Services Inc)

Tenant’s Obligations. (a1) Tenant at Tenant's sole expense shall, except for services furnished by Landlord pursuant to Section 13.a. hereof, maintain the Premises in good order, condition and repair, including the interior surfaces of the ceilings, walls and floors, all doors, all interior windows, and building standard fixtures, building standard furnishings and special items and equipment installed by or at the expense of Tenant. 2) Except as specifically provided in the foregoing Sectionotherwise set forth herein, Tenant shall, at its sole cost shall be responsible for all repairs in and expense continuously keep and maintain the Leased Premises in a clean and safe condition and maintain the same in good repair, including, without limitation, janitorial service. In the event that Tenant has failed in any respect to observe and perform the covenant contained in the foregoing sentences of this Section, Landlord may (but shall not be obligated to) within ten (10) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its sole cost and expense, install or cause to be installed voice and data cabling in the Leased Premises, as well as any auxiliary cooling for Tenant’s computer servers. Landlord shall provide access to the Leased Premises to Tenant and Tenant’s contractors prior to Project, the Commencement Date need for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations which arises out of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any the installation, removal, use or operation of the Building by Landlord or any other tenant Tenant's property in the BuildingPremises, (ii) the moving of Tenant's property into or out of the Project, or (iii) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. 3) If Tenant fails to maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to do such acts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work and diligently prosecute it to completion, then Landlord shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be liable paid by Tenant promptly after demand with interest at the prime commercial rate then being charged by Xxxxx Fargo Bank plus two percent (2%) per annum, from the date of such work, but not to exceed the maximum rate then allowed by law. Landlord shall have no liability to Tenant for any damage, loss inconvenience or injury caused interference with the use of the Premises by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from as a result of performing any such damagework; provided, loss or injuryhowever, includingin connection therewith, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including Landlord shall use reasonable attorneys’ fees and disbursements, arising out of the presence of such persons efforts to minimize interference with Tenant's business operations in the Leased Premised or the Building prior to the Commencement DatePremises.

Appears in 2 contracts

Samples: Standard Modified Gross Office Lease (WWW Holdings Inc), Standard Modified Gross Office Lease (Earthlink Inc)

Tenant’s Obligations. (a) Except 5.1 The Tenant shall utilize the premises only for residential purposes. 5.2 The Tenant shall not utilize the premises improperly not in a manner calculated or likely to cause damage to the premises or to constitute a nuisance to, or an interference with, the use and enjoyment of neighboring premises or properties. 5.3 The Tenant shall comply strictly with, and shall not permit the contravention of: 5.3.1 the provisions of any statute, law, ordinance by-law or regulation; 5.3.2 the provisions of any conduct rule, house rule or the constitution of any homeowner’s association as specifically provided may be applicable to the premises, or to the use or occupation thereof. 5.4 Should there not be any conduct rule, house rule, constitution or law applicable to the premises that limits the number of persons that may occupy the premises, then it is agreed that the premises may be occupied by no more than person(s). 5.5 The Tenant shall be obliged to promptly look after and to maintain both the interior and exterior of the premises in good order and condition and to make good all damage thereto and to return the premises to the Landlord on the expiry or other termination of the lease, in good order and condition, fair wear and tear excepted. 5.6 The Tenant shall be obliged to: 5.6.1 inspect the premises jointly with the Landlord prior to taking occupation thereof; 5.6.2 notify the Landlord of any defects in the foregoing Sectionpremises within fourteen (14) days of the commencement date, failing which the premises shall be deemed to have been in good order and condition as at the commencement date. 5.7 The Tenant shallshall not, without the Landlord’s prior written consent, make any alterations, improvements or additions to the premises. Any alterations, improvements or additions made to the premises shall become the property of the Landlord and may not be removed from the premises upon the expiry or termination of the lease or at any other time, unless the Landlord so directs in writing, in which event the Tenant shall attend thereto at its sole cost and expense continuously keep and maintain the Leased Premises in a clean and safe condition and maintain the same in good repair, including, without limitation, janitorial servicecost. In the event that Tenant has failed in any respect to observe and perform the covenant contained in the foregoing sentences of this Section, The Landlord may (but shall not be obligated to) obliged to pay any compensation to the Tenant for any alterations, improvements or additions made by the Tenant to the premises. 5.8 The Tenant shall not do or permit to be done, any act or thing which might result in, or constitute a breach of, any insurance policy over the premises, or in the increase of the insurance premiums payable in respect thereof. 5.9 The Tenant shall for the duration of this lease, insure the contents of the premises, with a reputable insurer, for their full replacement value. 5.10 The Tenant shall not affix, any sign, advertisement or notice to the premises without the Landlord’s prior written consent. 5.11 The Tenant shall be obliged to inspect the premises jointly with the Landlord within ten a period of three (103) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its sole cost and expense, install or cause to be installed voice and data cabling in the Leased Premises, as well as any auxiliary cooling for Tenant’s computer servers. Landlord shall provide access to the Leased Premises to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use expiry of the Building by Landlord or any other tenant in the Building, (ii) Tenant shall be liable for any damage, loss or injury caused by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement Datelease.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Tenant’s Obligations. (a1) Except Tenant shall perform Tenant's Work to the Premises as specifically provided described in the foregoing Section, Exhibit "C." (2) Tenant at Tenant's sole expense shall, at its sole cost and expense continuously keep and except for services furnished by Landlord pursuant to Article 9 hereof, maintain the Leased Premises in a clean and safe good order, condition and maintain the same in good repair, includingincluding the interior surfaces of the ceilings, without limitationwalls and floors, janitorial service. In all doors, all interior windows, all plumbing, pipes and fixtures, electrical wiring, switches and fixtures, Building Standard furnishings and special items and equipment installed by or at the event that Tenant has failed in any respect to observe and perform the covenant contained in the foregoing sentences expense of this Section, Landlord may (but shall not be obligated to) within ten (10) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b3) Tenant shall, at its sole cost shall be responsible for all repairs and expense, install or cause alterations in and to be installed voice and data cabling in the Leased Premises, as well as any auxiliary cooling Building and Project and the facilities and systems thereof, the need for Tenant’s computer servers. Landlord shall provide access to the Leased Premises to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations which arises out of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any Tenant's use or occupancy of the Building by Landlord or any other tenant in the BuildingPremises, (ii) the installation, removal, use or operation of Tenant's Property (as defined in Article 13) in the Premises, (iii) the moving of Tenant's Property into or out of the Building, or (iv) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. (4) If Tenant fails to maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to do such acts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work and diligently prosecute it to completion, then Landlord shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be liable paid by Tenant promptly after demand with interest at the prime commercial rate then being charged by Bank of America NT & SA plus two percent (2%) per annum, from the date of such work, but not to exceed the maximum rate then allowed by law. Landlord shall have no liability to Tenant for any damage, loss inconvenience, or injury caused interference with the use of the Premises by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from as a result of performing any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement Datework.

Appears in 2 contracts

Samples: Lease (Pac-West Telecomm Inc), Lease Agreement (Dovebid Inc)

Tenant’s Obligations. (a) Except as specifically expressly provided in the foregoing SectionParagraph 5.1 (b), Tenant shall, at all times during the Lease Term and at its sole cost and expense 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, (vi) all entranceways to the Leased Premises, and (vii) all paved areas. Tenant shall, at Tenant’s sole cost and expense, institute an industry standard preventative maintenance program using a qualified and licensed heating, ventilating and air conditioning company which regularly inspects and performs required maintenance on the heating, ventilating and air conditioning equipment and systems serving the Leased Premises. Notwithstanding the foregoing, Tenant shall have no obligation or liability for any roof maintenance or repair based on damage or wear and tear that existed prior to January 1, 2004, except to the extent that any act or omission of Tenant or any Tenant Related Party resulted or results in a violation of the roof warranty in effect as of the Lease Commencement Date. Tenant shall, at all times during the Lease Term, keep in a clean and safe condition the Outside Areas. As needed, Tenant shall sweep and maintain clean the same in good repair, including, without limitation, janitorial servicedriveways and parking areas. In the event that Tenant has failed in any respect to observe and perform the covenant contained in the foregoing sentences of this Section, Landlord may (but shall not be obligated to) within ten (10) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its sole cost and expense, install repair all damage to the Leased Premises caused by the activities of Tenant, its employees, invitees or cause contractors promptly following written notice from Landlord to be installed voice 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 data cabling in 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, as well as both interior and exterior, is at the sole risk of Tenant and any auxiliary cooling for broken glass shall promptly be replaced by Tenant at Tenant’s computer serversexpense with glass of the same kind, size and quality. In the event Tenant’s obligations under this Paragraph 5.1 (a) require that Tenant make a repair, replacement or expenditure whose benefit extends beyond the Lease Term and which is deemed a capital improvement in accordance with generally accepted accounting principles, then Landlord shall provide access to pay the Leased Premises cost thereof; however, such cost shall be amortized by Landlord, on a straight-line basis, over the useful life of such item, utilizing an interest rate of zero percent (0%), and the monthly amortized cost of such any item so amortized shall be included in the Property Maintenance Costs and charged to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use of the Building by Landlord or any other tenant in the Building, (ii) Tenant shall be liable for any damage, loss or injury caused by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement DateAdditional Rent.

Appears in 2 contracts

Samples: Lease Agreement (Lsi Logic Corp), Lease Agreement (Lsi Logic Corp)

Tenant’s Obligations. (a1) Except as specifically provided in the foregoing Section, Tenant shallTenant, at its Tenant’s sole cost and expense continuously keep and expense, except for services furnished by Landlord pursuant to Paragraph 7 hereof, shall maintain the Leased Premises in a clean and safe good order, condition and maintain repair including the same in good repairinterior surfaces of the ceilings, walls and floors, all doors, interior windows, and all plumbing pipes, electrical wiring, switches, fixtures, nonbuilding standard lights, and equipment installed for the use of the Premises, and shall cause the Premises to comply with all Legal Requirements (including, without limitation, janitorial servicethe ADA) excepting any physical conditions affecting the Premises which are in existence as of the date hereof. Notwithstanding any law to the contrary that may now or hereafter exist, Tenant shall not have the right to make repairs at Landlord’s expense or to terminate this Lease because of Landlord’s failure to keep the Premises in good order, condition and repair. (2) In the event Tenant fails to maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to do such acts as are reasonably required to so maintain the Premises. In the event that Tenant has failed in any respect fails to observe promptly commence such work and perform the covenant contained in the foregoing sentences of this Sectiondiligently prosecute it to completion, Landlord may (but shall not have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be obligated to) within ten (10) days paid by Tenant promptly after written notice demand with interest from the date expended by Landlord to Tenant, cause until paid by Xxxxxx at the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its sole cost and expense, install or cause to be installed voice and data cabling in the Leased Premises, “Default Rate,” as well as any auxiliary cooling for Tenant’s computer serversdefined below. Landlord shall provide access to the Leased Premises have no liability to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use of the Building by Landlord or any other tenant in the Building, (ii) Tenant shall be liable for any damage, loss inconvenience or injury caused interference with the use of the Premises by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from Xxxxxx as a result of performing any such damagework. As used in this Lease, loss or injury, including, without limitation, costs and expenses “Default Rate” shall mean the lesser of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised twelve percent per annum (12%) or the Building prior to the Commencement Datemaximum rate permitted by law.

Appears in 1 contract

Samples: Building Lease (Mirion Technologies, Inc.)

Tenant’s Obligations. (a1) Except as specifically provided in the foregoing Section, Tenant shallTenant, at its Tenant’s sole cost and expense continuously keep and expense, except for services furnished by Landlord pursuant to Paragraph 7 hereof, shall maintain the Leased Premises in a clean and safe good order, condition and maintain repair including the same in good repairinterior surfaces of the ceilings, walls and floors, all doors, interior windows, and all plumbing pipes, electrical wiring, switches, fixtures, nonbuilding standard lights, and equipment installed for the use of the Premises, and shall cause the Premises to comply with all Legal Requirements (including, without limitation, janitorial servicethe ADA). Notwithstanding any law to the contrary that may now or hereafter exist, Tenant shall not have the right to make repairs at Landlord’s expense or to terminate this Lease because of Landlord’s failure to keep the Premises in good order, condition and repair. (2) In the event Tenant fails to maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to do such acts as are reasonably required to so maintain the Premises. In the event that Tenant has failed in any respect fails to observe promptly commence such work and perform the covenant contained in the foregoing sentences of this Sectiondiligently prosecute it to completion, Landlord may (but shall not have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be obligated to) within ten (10) days paid by Tenant promptly after written notice demand with interest from the date expended by Landlord to Tenant, cause until paid by Txxxxx at the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its sole cost and expense, install or cause to be installed voice and data cabling in the Leased Premises, “Default Rate,” as well as any auxiliary cooling for Tenant’s computer serversdefined below. Landlord shall provide access to the Leased Premises have no liability to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use of the Building by Landlord or any other tenant in the Building, (ii) Tenant shall be liable for any damage, loss inconvenience or injury caused interference with the use of the Premises by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from Txxxxx as a result of performing any such damagework. As used in this Lease, loss or injury, including, without limitation, costs and expenses “Default Rate” shall mean the lesser of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised twelve percent per annum (12%) or the Building prior to the Commencement Datemaximum rate permitted by law.

Appears in 1 contract

Samples: Building Lease (Neonode, Inc)

Tenant’s Obligations. (i) Tenant agrees at all times, from and after delivery of possession of the Premises to Tenant, and at its own cost and expense, to repair, replace and maintain in good and tenantable condition the Premises and every part thereof; excluding the portion of the Premises to be maintained by Landlord as provided in Section 7.1 (a). (ii) Except as specifically provided Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord in the foregoing Sectionsame condition as received, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. (iii) Tenant shallagrees to repair any damage to the Premises or the Building caused by or in connection with the removal of any articles of personal property, business or trade fixtures machinery, equipment, furniture or movable partitions, including without limitation thereto, repairing the floor and patching and painting the walls where required by Landlord to Landlord's reasonable satisfaction, all at its Tenant's sole cost and expense continuously keep and expense. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, including without limitation any claims made by any succeeding tenant founded on such delay. (iv) In the event Tenant fails to maintain the Leased Premises in a clean and safe good order, condition and repair, Landlord shall give Tenant notice to do such acts as are reasonably required to so maintain the same in good repair, including, without limitation, janitorial servicePremises. In the event that Tenant has failed in any respect fails to observe promptly commence such work and diligently prosecute it to completion, then Landlord shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand with interest at eighteen percent (18%) per annum from the covenant contained in the foregoing sentences date of this Section, Landlord may (but shall not be obligated to) within ten (10) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its sole cost and expense, install or cause to be installed voice and data cabling in the Leased Premises, as well as any auxiliary cooling for Tenant’s computer serverssuch work. Landlord shall provide access to the Leased Premises have no liability to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use of the Building by Landlord or any other tenant in the Building, (ii) Tenant shall be liable for any damage, loss inconvenience or injury caused interference with the use of the Premises by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from as a result of performing any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement Datework.

Appears in 1 contract

Samples: Office Building Lease (Fortress Group Inc)

Tenant’s Obligations. (a) Except as specifically provided in the foregoing Sectiona. Premises Repair and Maintenance At Tenant’s expense, Tenant shallshall keep in good order, at its sole cost and expense continuously keep and maintain the Leased Premises in a clean and safe condition and maintain repair the same in good repairPremises and every part thereof, including, without limitation, janitorial serviceall window treatments, plumbing fixtures, electrical and lighting facilities and equipment within the Premises, fixtures, ductwork, interior walls and interior surfaces of exterior walls, ceiling tiles and grid, windows and doors, both interior and exterior (including glass and casings) and plate glass located within the Premises, together with any supplemental HVAC equipment servicing only the Premises. In Tenant shall not be responsible for structural repairs to the event that Premises or for replacement of the Utility Mains unless such repairs or replacements are necessitated by the negligent acts or willful misconduct of Tenant, its agents or employees. Tenant has failed shall not make any alterations to the Premises affecting fire/life safety systems without: (i) submitting plans from a qualified engineer certifying the systems, and (ii) written notification to, and written consent from, Landlord. Tenant shall immediately notify Landlord in case of fire or accident in the Premises, Building or the Project, and of defects in any respect of the improvements or equipment. Tenant shall do all acts required to observe comply with all applicable laws, ordinances, and rules of any public authority relating to its maintenance obligations as set forth herein. b. Remedy for Failure to Perform If Tenant fails to perform the covenant contained in the foregoing sentences of its obligations under this SectionSection 7.2, Landlord may (but shall not be obligated to) within enter upon the Premises, after ten (10) days after days’ prior written notice from Landlord to Tenant (except in the case of emergency, in which event, no notice shall be required), perform such obligations on Tenant’s behalf and put the Premises in good order, cause the Leased Premises to be maintained or repairedcondition and repair, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its sole cost be due and expense, install or cause to be installed voice and data cabling in the Leased Premises, payable as well as any auxiliary cooling for additional rent together with Tenant’s computer servers. Landlord shall provide access next Base Rent installment plus an administrative fee equal to the Leased Premises to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(dfive percent (5%) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use of the Building cost incurred by Landlord or any other tenant in the Building, (ii) Tenant shall be liable for any damage, loss or injury caused by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement DateLandlord.

Appears in 1 contract

Samples: Lease Agreement (Switch, Inc.)

Tenant’s Obligations. (a) Except a. Tenant shall perform Tenant’s Work to the Premises as specifically provided described in the foregoing Section, Exhibit “C.” b. Tenant at Tenant’s sole expense shall, at its sole cost and expense continuously keep and except for services furnished by Landlord pursuant to Article 9 hereof, maintain the Leased Premises in a clean and safe good order, condition and maintain the same in good repair, includingincluding the interior surfaces of the ceilings, without limitationwalls and floors, janitorial service. In all doors, all interior windows, all plumbing, pipes and fixtures, electrical wiring, switches and fixtures, HVAC equipment within the event that Premises, Building Standard furnishings and special items and equipment installed by or at the expense of Tenant. c. Tenant has failed shall be responsible for all repairs and alterations in any respect and to observe the Premises, Building and perform the covenant contained in the foregoing sentences of this Section, Landlord may (but shall not be obligated to) within ten (10) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repaired, Project and the cost thereof shall constitute an Advance. (b) Tenant shallfacilities and systems thereof, at its sole cost and expense, install or cause to be installed voice and data cabling in the Leased Premises, as well as any auxiliary cooling need for Tenant’s computer servers. Landlord shall provide access to the Leased Premises to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations which arises out of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any Tenant’s use or occupancy of the Building by Landlord or any other tenant in the BuildingPremises, (ii) the installation, removal, use or operation of Tenant’s Property (as defined in Article 13) in the Premises, (iii) the moving of Tenant’s Property into or out of the Building, or (iv) the act, omission, misuse or negligence of Tenant, it agents, contractors, employees or invitees. d. If Tenant fails to maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to do such acts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work and diligently prosecute it to completion within thirty (30) days after receipt of notice from Landlord (or, in the case of an emergency, such shorter time as is reasonable given the situation), then Landlord will have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be liable paid by Tenant promptly after demand with interest at the prime commercial rate then being charged by Bank of America NT&SA plus two percent (2%) per annum, from the date of such work, but not to exceed the maximum rate then allowed by law. Except to the extent of Landlord's negligence or willful misconduct, Landlord shall have no liability to Tenant for any damage, loss inconvenience, or injury caused interference with the use of the Premises by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from as a result of performing any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement Datework.

Appears in 1 contract

Samples: Office Building Lease (Premiere Global Services, Inc.)

Tenant’s Obligations. (a1) Except as specifically provided in the foregoing Section, Tenant shallTenant, at its Tenant's sole cost and expense continuously keep and expense, except for services furnished by Landlord pursuant to Section 7 hereof, shall maintain the Leased Premises in a clean and safe good order, condition and maintain the same in good repair, ordinary wear and tear excepted, including the interior surfaces of the ceilings, walls and floors, all doors, interior windows, and all plumbing pipes, electrical wiring, switches, fixtures, nonbuilding standard lights, and equipment installed for the use of the Premises, and shall cause the Premises to comply with all Legal Requirements (including, without limitation, janitorial servicethe ADA). (2) In the event Tenant fails to maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to do such acts as are reasonably required to so maintain the Premises. In the event that Tenant has failed in any respect fails to observe promptly commence such work and perform the covenant contained in the foregoing sentences of this Section, Landlord may diligently prosecute it to completion within thirty (but shall not be obligated to) within ten (1030) days after written notice from Landlord to Tenantsuch notice, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its sole cost and expense, install or cause to be installed voice and data cabling in the Leased Premises, as well as any auxiliary cooling for Tenant’s computer servers. Landlord shall provide access have the right to do such acts and expend such funds at the Leased Premises expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand with interest from the date expended by Landlord until paid by Tenant at the "Default Rate," as defined below. Except for Landlord's willful misconduct or negligence, landlord shall have no liability to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use of the Building by Landlord or any other tenant in the Building, (ii) Tenant shall be liable for any damage, loss inconvenience or injury caused interference with the use of the Premises by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from as a result of performing any such damagework. As used in this Lease, loss "Default Rate" shall mean the Prime Rate charged by the Bank of America or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement Dateits successor plus two percent (2%).

Appears in 1 contract

Samples: Sublease (Nextcard Inc)

Tenant’s Obligations. (a) Except as specifically provided in the foregoing Section, Tenant shallTenant, at its Tenant's sole cost and expense continuously keep expense, except for services furnished by Landlord pursuant to Paragraph 6 and maintain the Leased Premises in a clean and safe condition and maintain the same Landlord's obligations under Paragraph 9A, shall maintain, in good order, condition, repair, includingand appearance the Premises, without limitationincluding the interior surfaces of the ceilings (if damaged or discolored due in whole or in part to the act, janitorial serviceneglect, omission or fault of Tenant), walls and floors, all doors, interior glass partitions or glass surfaces (not exterior windows) and pipes, electrical wiring, switches, fixtures and other special items exclusively serving the Premises, subject to the provisions of Paragraph 14. In the event that Tenant has failed in any respect fails to observe and perform maintain the covenant contained in the foregoing sentences of Premises as required by this SectionParagraph, Landlord may (shall give Tenant notice to do such acts as are required by this Paragraph. If within a reasonable time not to exceed 30 days following Landlord's notice, Tenant fails to perform its obligations under this Paragraph, or if those obligations cannot reasonably be completed within 30 days, fails to promptly commence such work and diligently pursue it to completion within a reasonable time not to exceed 90 days, then Landlord shall have the right, but shall not be obligated to) required, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform those obligations, without curing Tenant's default. The funds so expended plus 20% of such amounts as an overhead/administrative charge shall be due and payable by Tenant within ten (10) 10 days after written notice from receipt of Landlord's invoice. In addition to the foregoing, Landlord to Tenant, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shallinstall, at its sole cost and expense, install or cause to be surveillance cameras (with video components and with a monitor screen(s) installed voice and data cabling in the Leased Premises, as well as any auxiliary cooling for Tenant’s computer servers. Landlord shall provide access ) adjacent to the Leased Premises to Tenant and Tenant’s contractors prior to Building elevators on the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use floors of the Building by Landlord or any other tenant in which include the Buildingoffice space portions of the Premises ("Surveillance System"). Tenant, (ii) Tenant at its sole cost and expense, shall be liable responsible for any damagethe monitoring, loss or injury caused by any or such persons or to the Leased Premises operation and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence maintenance of such persons in the Leased Premised or the Building prior to the Commencement DateSurveillance System.

Appears in 1 contract

Samples: Office Lease (Convergent Group Corp)

Tenant’s Obligations. (a) Except as specifically provided for Tenant's obligation to pay Base Rent, all of Tenant's obligations under this Lease shall commence on the Commencement Date. The estimated Commencement Date set forth in Section 1.2 above is Landlord's good faith estimate, only, and is based on assumptions that may or may not occur. If the foregoing Sectionactual Commencement Date does not occur until after the estimated date set forth in Section 1.2, Tenant shall, at its sole cost and expense continuously keep and maintain the Leased Premises in a clean and safe condition and maintain the same in good repair, including, without limitation, janitorial service. In the event that Tenant has failed in any respect to observe and perform the covenant contained in the foregoing sentences of this Section, Landlord may (but Lease shall not be obligated to) within ten (10) days after written notice from void or voidable, Landlord shall not be in default or otherwise liable to Tenant, cause the Leased Premises to be maintained Tenant for any loss or repaireddamage resulting therefrom, and Tenant shall accept possession of the cost thereof shall constitute an Advance. (b) Tenant shallPremises when delivered by Landlord as set forth above; provided however that, at its sole cost and expensenotwithstanding the foregoing, install or cause to be installed voice and data cabling in the Leased Premises, as well as any auxiliary cooling for Tenant’s computer servers. Landlord shall provide access to the Leased Premises to Tenant and Tenant’s contractors prior to if the Commencement Date does not occur by February 22, 2001, then Landlord shall credit Tenant one day free Base Rent for such purpose provided every day after February 22, 2001, that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date has not occurred. If (i) they shall not unreasonably interfere with any use physical construction of the Building Shell has not commenced by Landlord August 1, 2000 (as extended by each day of Tenant Delay) (commencement of physical construction of the Building Shell includes, but is not limited to, utility trenching) or any other tenant in the Buildingsuch construction does not proceed continuously until completed, (ii) Landlord has not received the conditional use permit for the Project by August 31, 2000 (as extended by each day of Tenant Delay), or (iii) the Commencement Date has not occurred by May 1, 2001(as extended by each day of Tenant Delay and acts of God), then Tenant shall be liable have the right to terminate this Lease by written notice to Landlord, in which event Landlord shall refund to Tenant all amounts paid to Landlord by Tenant and the parties hereto shall have no further duties or obligations under this Lease. Notwithstanding the foregoing, Landlord shall credit Tenant two days of free Base Rent for any damageevery day after August 1, loss or injury 2000 (until August 31, 2000), that Landlord has not received the conditional use permit for the Project, so long as such delay was not caused by any or such persons or to the Leased Premises and the Building, and (c) a Tenant shall save, defend, indemnify and hold Landlord harmless from any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement DateDelay.

Appears in 1 contract

Samples: Lease Agreement (Brightpoint Inc)

Tenant’s Obligations. (a) Except 5.1 The Tenant shall utilize the premises only for residential purposes. 5.2 The Tenant shall not utilize the premises improperly not in a manner calculated or likely to cause damage to the premises or to constitute a nuisance to, or an interference with, the use and enjoyment of neighboring premises or properties. 5.3 The Tenant shall comply strictly with, and shall not permit the contravention of: 5.3.1 the provisions of any statute, law, ordinance by-law or regulation; 5.3.2 the provisions of any conduct rule, house rule or the constitution of any homeowner’s association as specifically provided may be applicable to the premises, or to the use or occupation thereof. 5.4 Should there not be any conduct rule, house rule, constitution or law applicable to the premises that limits the number of persons that may occupy the premises, then it is agreed that the premises may be occupied by no more than persons. 5.5 The Tenant shall be obliged to promptly repair and to maintain both the interior and exterior of the premises in good order and condition and to make good all damage thereto and to return the premises to the Landlord on the expiry or other termination of the lease, in good order and condition, fair wear and tear excepted. 5.6 The Tenant shall be obliged to: 5.6.1 inspect the premises jointly with the Landlord prior to taking occupation thereof; 5.6.2 notify the Landlord of any defects in the foregoing Sectionpremises within fourteen (14) days of the commencement date, failing which the premises shall be deemed to have been in good order and condition as at the commencement date. 5.7 The Tenant shall not, without the Landlord’s prior written consent, make any alterations, improvements or additions to the premises. Any alterations, improvements or additions made to the premises shall become the property of the Landlord and may not be removed from the premises upon the expiry or termination of the lease or at any other time, unless the Landlord so directs in writing, in which event the Tenant shall attend thereto at its cost. The Landlord shall not be obliged to pay any compensation to the Tenant for any alterations, improvements or additions made by the Tenant to the premises. 5.8 The Tenant shall not do or permit to be done, any act or thing which might result in, or constitute a breach of, any insurance policy over the premises, or in the increase of the insurance premiums payable in respect thereof. 5.9 Where applicable, the Tenant shall, at its sole cost and expense continuously keep and maintain for the Leased Premises in a clean and safe condition and maintain the same in good repair, including, without limitation, janitorial service. In the event that Tenant has failed in any respect to observe and perform the covenant contained in the foregoing sentences duration of this Sectionlease, Landlord may (but insure the contents of the premises, with a reputable insurer, for their full replacement value. 5.10 The Tenant shall not affix, nor permit to be obligated to) affixed, any sign, advertisement or notice to the premises without the Landlord’s prior written consent. 5.11 The Tenant shall be obliged to inspect the premises jointly with the Landlord within ten a period of three (103) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its sole cost and expense, install or cause to be installed voice and data cabling in the Leased Premises, as well as any auxiliary cooling for Tenant’s computer servers. Landlord shall provide access to the Leased Premises to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use expiry of the Building by Landlord or any other tenant in the Building, (ii) Tenant shall be liable for any damage, loss or injury caused by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement Datelease.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Obligations. (a) Except as specifically provided in Subject to the foregoing Sectionprovisions of Section 6 (Use), Tenant shallSection 8.1 (Landlord's Obligations), Section 10.4 (Waiver of Subrogation) and Section 15 (Damage or Destruction), Tenant, at its sole cost and expense continuously Tenant's expense, shall keep and maintain the Leased Premises in a clean and safe good order, condition and maintain repair all portions of the same in good repairPremises that are not Landlord's responsibility, includingincluding Tenant's equipment, without limitationfixtures, janitorial service. In interior walls and interior surfaces of exterior walls, ceilings, windows, doors located within the event that Premises. (b) If Tenant has failed in fails to perform Tenant's obligations under this Section or under any respect to observe and perform the covenant contained in the foregoing sentences other Section of this SectionLease within a reasonable time, Landlord may (but shall not be obligated to) within enter upon the Premises after ten (10) days after days' prior written notice from Landlord to Tenant (except in the case of emergency, in which case no notice shall be required), perform such obligations on Tenant's behalf and put the Premises in good order, cause the Leased Premises to be maintained or repairedcondition and repair, and the cost thereof together with interest thereon at the rate of 12% per annum or the maximum rate then allowable by law, whichever is less, shall constitute an Advancebe due and payable as additional rent to Landlord together with Tenant's next Base Rent payment. (bc) On the last day of the Term, or on any sooner termination, Tenant shallshall remove all of Tenant's property (in accordance with Subsection 8.3(d)) and all of Tenant's Hazardous Substances (other than asbestos or other Hazardous Substances that existed on the Premises as of the date of this Lease), at its sole cost and expense, install or cause shall surrender the Premises to be installed voice and data cabling Landlord in the Leased Premisessame condition as received, as well as ordinary wear and tear and Landlord approved alterations and improvements excepted, clean and free of debris, all at Tenant's expense. In addition, Tenant shall decontaminate and sterilize all areas in the Premises in which any auxiliary cooling for of Tenant’s computer servers's Hazardous Substances (including without limitation biomedical and biohazardous wastes) were generated, stored, handled, accumulated, released or otherwise present during the Term of the Lease. Landlord Any damage or deterioration of the Premises shall provide access not be deemed ordinary wear and tear if the same could have been prevented by good maintenance practices. Tenant shall repair any damage to the Leased Premises to Tenant occasioned by the installation or removal of Tenant's property as permitted by Subsections 8.3(d) and Tenant’s contractors prior 8.3(g). Notwithstanding anything to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors contrary otherwise stated in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use of the Building by Landlord or any other tenant in the Buildingthis Lease, (ii) Tenant shall be liable for any damageleave all air lines, loss or injury caused by any or such persons or power panels, electrical distribution systems, lighting fixtures, space heaters and plumbing that are Tenant's obligation to the Leased Premises and the Building, and (c) maintain in good operating condition. Tenant shall save, defend, indemnify and hold Landlord harmless from any such damagecost or expense that Landlord may incur if Tenant fails to comply with this Subsection, loss or injury, including, without limitation, costs and expenses which obligation shall survive termination of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement Datethis Lease.

Appears in 1 contract

Samples: Building Lease (Corixa Corp)

Tenant’s Obligations. (a) Except as specifically provided in the foregoing Section, Tenant shallTenant, at its sole cost and expense continuously keep and maintain the Leased Premises in a clean and safe condition and maintain the same in good repair, including, without limitation, janitorial service. In the event that Tenant has failed in any respect to observe and perform the covenant contained in the foregoing sentences of this Section, Landlord may (but shall not be obligated to) within ten (10) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its 's sole cost and expense, install except for services furnished by Landlord pursuant to Paragraph 7 and Landlord's obligations under Paragraph 10A, shall maintain, in good order, condition, repair, and appearance the Premises, including the interior surfaces of the ceilings (if damaged or cause discolored due in whole or in part to be installed voice the act, neglect, omission or fault of Tenant), windows, walls and data cabling floors, all doors, interior glass partitions or glass surfaces (not exterior windows) and pipes, electrical wiring, switches, fixtures and other special items exclusively serving the Premises, subject to the provisions of Paragraph 15. In addition, Tenant shall maintain, in good order, condition, repair and appearance the Fiber Optic Cable, as defined in the Leased Premisesattached Work Letter and all areas of the Building Complex (including, but not limited to parking lot areas and landscape areas) affected by the installation or use of the Fiber Optic Cable. Finally, Tenant shall maintain, in good order, condition, repair and appearance of the UPS Installation, as well defined in Paragraph 32 below, and all areas of the Building Complex (including, but not limited to the parking lot areas and landscape areas) affected by the installation or use of the UPS Installation. In the event Tenant fails to maintain the Premises as any auxiliary cooling for required by this Paragraph, Landlord shall give Tenant notice to do such acts as are required by this Paragraph. If within a reasonable time not to exceed 30 days following Landlord's notice, Tenant fails to perform its obligations under this Paragraph, or if those obligations cannot reasonably be completed within 30 days, fails to promptly commence such work and diligently pursue it to completion within a reasonable time not to exceed 90 days, then Landlord shall have the right, but shall not be required, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform those obligations, without curing Tenant’s computer servers's default. The funds so expended plus 20% of such amounts as an overhead/ administrative charge shall be due and payable by Tenant within 10 days after receipt of Landlord's invoice. Landlord shall provide access to the Leased Premises have no liability to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use of the Building by Landlord or any other tenant in the Building, (ii) Tenant shall be liable for any damage, loss inconvenience or injury caused interference with the use of the Premises by any Tenant as a result of performing or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from not performing any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement Dateobligations.

Appears in 1 contract

Samples: Office Lease (Lightbridge Inc)

Tenant’s Obligations. (a) Except as specifically provided in a. Tenant shall farm the foregoing Section, Tenant shall, at its sole cost and expense continuously keep and maintain the Leased Premises leased premises in a clean sound and safe husband-like manner and shall be in sole control, care and possession of the leased premises and of the farming operations thereon. b. Tenant shall make soil fertility test and use the fertilizer type and amount recommended by such test results. Tenant shall maintain soil fertility at least at the level existing upon occupancy. Tenant shall provide Owner with copies of fertility test reports. c. Tenant shall not permit trash or rubbish to accumulate on the premises. All such materials and crop residue shall promptly be removed from the site for disposal or properly recycled to the soil d. This Lease shall not be assigned, nor shall the premises be sublet or used or occupied by others. e. At the end of the lease term Tenant shall deliver to the Owner complete possession of the leased premises in as good repair and condition as they are at the time Tenant takes possession, or in as good repair and maintain condition as they may be put by Tenant during the same in good repairterm of the Lease, ordinary wear, loss by fire, or unavoidable destruction expected. f. Tenant shall repair any and all damages occurring to the premises during Tenant’s occupancy including, without limitationbut not limited to, janitorial servicefences, gates, wind breaks, ditches, tile lines, underground utilities and buildings. All gates to be locked after leaving site each day. g. Tenant shall harvest all crops within a reasonable time after they mature. In the event that Tenant has failed does not do so, Owner may have crops harvested at tenant’s expense. h. Tenant shall not plant any crop which shall not have a normal maturity within the terms of this Lease. Further, no legumes may be planted, and all crops must have the prior approval of the Owner’s Department of Public Works Director. All crops on Fields 2 & 3 must be cut before reaching a height of four feet (4’). i. Tenant shall not plant any crop which shall, in the sole discretion of Owner, create a hazard to aircraft operating on the airport. Crops other than hay and small grains must be approved by Owner prior to planting. j. None of the leased land shall be placed in soil bank or other government land retirement program without prior written consent of Owner. k. Tenant shall not burn corn stalks, straw or other crop residue. l. Tenant shall construct no sheds, buildings, cribs, etc., either temporary or permanent without Owner’s written consent. m. Tenant will not, on the grounds of race, color or natural origin, discriminate or permit discrimination against any person or group of persons in any respect manner prohibited by Title VI of the Civil Rights Act of 1964 and Part 21 of Regulations of the office of the Secretary of State, Department of Transportation. Owner reserves the right to observe and perform take such action as the covenant contained in the foregoing sentences of United States Government may direct to enforce this Section, Landlord may (but shall not be obligated to) within ten (10) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advancecovenant. n. The Tenant will provide all weed control on all leased land. The method of weed control must meet all environmentally sound application rates and procedures and of all government control agencies (b) Tenant shallDNR, at its sole cost EPA, Department of Agriculture, etc.). Any damage to adjacent lands from this application will be the responsibility of the tenant. Documentation of time, date and expense, install or cause to what is being applied must be installed voice and data cabling in the Leased Premises, as well as any auxiliary cooling for Tenant’s computer servers. Landlord shall provide access submitted to the Leased Premises to Tenant and Tenant’s contractors Owner prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations application of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use of the Building by Landlord or any other tenant in the Building, (ii) Tenant shall be liable for any damage, loss or injury caused by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement DateChemical treatment.

Appears in 1 contract

Samples: Farm Lease

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Tenant’s Obligations. (a) Except 6.1 The Tenant shall utilize the premises only for residential purposes. 6.2 The Tenant shall not utilize the premises improperly not in a manner calculated or likely to cause damage to the premises or to constitute a nuisance to, or an interference with, the use and enjoyment of neighbouring premises or properties. 6.3 The Tenant shall comply strictly with, and shall not permit the contravention of: 6.3.1 the provisions of any statute, law, ordinance by-law or regulation; 6.3.2 the provisions of any conduct rule, house rule or the constitution of any homeowner’s association as specifically provided may be applicable to the premises, or to the use or occupation thereof. 6.4 The Tenant shall be obliged to promptly repair and to maintain both the interior and exterior of the premises in good order and condition and to make good all damage thereto and to return the premises to the Landlord on the expiry or other termination of the lease, in good order and condition, fair wear and tear excepted. 6.5 The Tenant shall be obliged to: 6.5.1 inspect the premises jointly with the Landlord prior to taking occupation thereof; 6.5.2 notify the Landlord of any defects in the foregoing Sectionpremises within fourteen (14) days of the commencement date, failing which the premises shall be deemed to have been in good order and condition as at the commencement date. 6.6 The Tenant shall not, without the Landlord’s prior written consent, make any alterations, improvements or additions to the premises. Any alterations, improvements or additions made to the premises shall become the property of the Landlord and may not be removed from the premises upon the expiry or termination of the lease or at any other time, unless the Landlord so directs in writing, in which event the Tenant shall attend thereto at its cost. The Landlord shall not be obliged to pay any compensation to the Tenant for any alterations, improvements or additions made by the Tenant to the premises. 6.7 The Tenant shall not do or permit to be done, any act or thing which might result in, or constitute a breach of, any insurance policy over the premises, or in the increase of the insurance premiums payable in respect thereof. 6.8 The Tenant shall, at its sole cost and expense continuously keep and maintain for the Leased Premises in a clean and safe condition and maintain the same in good repair, including, without limitation, janitorial service. In the event that Tenant has failed in any respect to observe and perform the covenant contained in the foregoing sentences duration of this Sectionlease, Landlord may (but insure the contents of the premises, with a reputable insurer, for their full replacement value. 6.9 The Tenant shall not affix, nor permit to be obligated to) affixed, any sign, advertisement or notice to the premises without the Landlord’s prior written consent. 6.10 The Tenant shall be obliged to inspect the premises jointly with the Landlord within ten a period of three (103) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its sole cost and expense, install or cause to be installed voice and data cabling in the Leased Premises, as well as any auxiliary cooling for Tenant’s computer servers. Landlord shall provide access to the Leased Premises to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use expiry of the Building by Landlord or any other tenant in the Building, (ii) Tenant shall be liable for any damage, loss or injury caused by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement Datelease.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Obligations. (a) Except as specifically provided in the foregoing Section, Tenant shall, at its sole cost and expense continuously keep and maintain the Leased Premises in a clean and safe condition and maintain the same in good repair, including, without limitation, janitorial service14.2.1. In the event that Tenant has failed in any respect to observe and perform the covenant contained in the foregoing sentences of this Section, Landlord may (but shall not be obligated to) within ten (10) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its sole cost and expense, install except for janitorial services furnished by Landlord pursuant to Article 12 hereof, maintain the Premises including all improvements therein in good order, condition and repair. 14.2.2. In connection with Tenant surrendering possession of the Premises at the end of the Lease term, Tenant agrees to repair any damage caused by or cause to be installed voice and data cabling in the Leased Premises, as well as any auxiliary cooling for Tenant’s computer servers. Landlord shall provide access to the Leased Premises to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere connection with the performance removal of any article of personal property, business or trade fixtures, machinery, equipment, cabinetwork, furniture, movable partitions or permanent improvements or additions, including without limitation thereto, repairing the floor and patching and painting the walls where required by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use of the Building by Landlord or any other tenant in the BuildingLandlord's reasonable satisfaction, (ii) all at Tenant's sole cost and expense Tenant shall be liable for any damageindemnify, loss or injury caused by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify defend and hold Landlord harmless against any loss, liability, cost or expense (including reasonable attorney's fees) resulting from delay by Tenant in so surrendering the Premises. Tenant's obligation hereunder shall survive the expiration or termination of this Lease. 14.2.3. If Tenant fails to maintain the Premises in good order, condition and repair, Landlord may give Tenant notice to do such acts as are reasonably required to so maintain the Premises. If within thirty (30) days thereafter Tenant fails to complete such work (or, if such work cannot be reasonably completed within thirty [30] days, Tenant fails to promptly commence such work within such thirty-day period and diligently prosecute the same to completion), then Landlord shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord (together with a charge for Landlord's administration and overhead equal to five percent (5%) thereof) shall be paid by Tenant promptly after demand, with interest at the Agreed Rate from the date of such work. Landlord shall have no liability to Tenant for any inconvenience or interference with the use of the Premises by Tenant as a result of performing any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement Datework.

Appears in 1 contract

Samples: Office Lease (Isocor)

Tenant’s Obligations. (a1) Except as specifically provided in the foregoing Section, Tenant shallTenant, at its Tenant’s sole cost and expense continuously keep and expense, except for services furnished by Landlord pursuant to Paragraph 7 hereof, shall maintain the Leased non-structural of the portion of the Premises in a clean and safe good sanitary, condition and maintain repair including nonbuilding standard lights, and equipment installed for the same in good repairuse of the Premises, and shall cause the Premises to comply with all Legal Requirements (including, without limitation, janitorial servicethe ADA). Notwithstanding any law to the contrary that may now or hereafter exist, Tenant shall not have the right to make repairs at Landlord’s expense or to terminate this Lease because of Landlord’s failure to keep the Premises in good order, condition and repair. (2) In the event Tenant fails to maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to do such acts as are reasonably required to so maintain the Premises. In the event that Tenant has failed in any respect fails to observe commence such work within a reasonable time and perform the covenant contained in the foregoing sentences of this Sectiondiligently prosecute it to completion, Landlord may shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant within thirty (but shall not be obligated to) within ten (1030) days after written notice demand with interest from the date expended by Landlord to Tenant, cause until paid by Tenant at the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its sole cost and expense, install or cause to be installed voice and data cabling in the Leased Premises, “Default Rate,” as well as any auxiliary cooling for Tenant’s computer serversdefined below. Landlord shall provide access to the Leased Premises have no liability to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use of the Building by Landlord or any other tenant in the Building, (ii) Tenant shall be liable for any damage, loss inconvenience or injury caused interference with the use of the Premises by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from as a result of performing any such damagework. As used in this Lease, loss or injury, including, without limitation, costs and expenses “Default Rate” shall mean the lesser of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised twelve percent per annum (12%) or the Building prior to the Commencement Datemaximum rate permitted by law.

Appears in 1 contract

Samples: Building Lease (Reply! Inc)

Tenant’s Obligations. (a1) Except as specifically provided Tenant shall perform Tenant's Work in the foregoing Section, Premises as described in Exhibit "C." (2) Tenant at Tenant's sole expense shall, at its sole cost and expense continuously keep and except for services furnished by Landlord pursuant to Article 9 hereof, maintain the Leased Premises in a clean and safe good order, condition and maintain the same in good repair, includingincluding the interior surfaces of the ceilings, without limitationwalls and floors, janitorial service. In all doors, all interior windows, all plumbing, pipes and fixtures, electrical wiring, switches and fixtures, electrical wiring, switches and fixtures, Building Standard furnishings and special items and equipment installed by or at the event that Tenant has failed in any respect to observe and perform the covenant contained in the foregoing sentences expense of this Section, Landlord may (but shall not be obligated to) within ten (10) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its sole cost and expense, install or cause to be installed voice and data cabling in the Leased Premises, as well as any auxiliary cooling for Tenant’s computer servers. Landlord shall provide access to the Leased Premises to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use of the Building by Landlord or any other tenant in the Building, (ii3) Tenant shall be liable responsible for all repairs and alterations in and to the Premises, Building and Project and the facilities and systems thereof, the need for which arises out of (I) Tenant's use or occupancy of the Premises, (II) the installation, removal, use or operation of Tenant's Property (as defined in Article 13) in the Premises, (III) the moving of Tenant's Property into or out of the Building, or (IV) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. (4) If Tenant fails to maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to do such acts as are reasonable required to so maintain the Premises. If Tenant fails to promptly commence such acts and diligently prosecute it to completion, then Landlord shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand with interest at the prime commercial rate then being charged by Bank of America NT & SA plus two percent (2%) per annum, from the date of such work, but not to exceed the maximum rate then allowed by law. Landlord shall have no liability to Tenant for any damage, loss inconvenience, or injury caused interference with the use of the Premises by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from Xxxxxx as a result of performing any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement Datework.

Appears in 1 contract

Samples: Lease Addendum (Freei Networks Inc)

Tenant’s Obligations. (a) Except as specifically provided in the foregoing SectionSection 5.A. above, Tenant shall, at its sole cost and expense continuously keep and maintain the Leased Premises in a clean and safe condition and maintain the same in good repair, including, without limitation, janitorial service. In the event that Tenant has failed in any respect to observe and perform the covenant contained in the foregoing sentences of this Section, Landlord may (but shall not be obligated to) within ten (10) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its sole cost and expense, install keep and maintain in good order, condition, repair (and replace, if necessary) the interior and exterior of Building and Premises (subject to Section 5(A) above), including, without limitation, non-load-bearing interior walls, windows, glass, doors, and all sidewalks, landscaping, driveways, parking lots and fences in or about the Premises. Except to the extent such is the express obligation of Landlord, Tenant agrees to perform all ordinary and necessary maintenance in and to the Premises as is reasonably necessary to keep and maintain the Premises in the same order, condition and repair as existed on the Commencement Date, ordinary wear and tear excepted (casualty and/or condemnation events that effect the condition of the Premises are dealt with in Sections 12 and 13 herein). In addition, Tenant shall procure and maintain, at its sole cost and expense, a preventative maintenance contract on the heating, ventilating and air conditioning and boiler systems serving the Premises such that routine repair and maintenance of such systems shall be performed at Tenant’s expense. Notwithstanding the foregoing sentence, however, Tenant shall have no obligation to pay for or cause to be installed voice made any major repairs or any replacements of such heating, ventilating and data cabling in air conditioning systems serving the Leased Premises, as well as any auxiliary cooling for . which shall be the sole responsibility and cost of Landlord (unless the required replacement is due to Tenant’s computer servers. Landlord shall provide access failure to maintain or repair, in which case the Leased Premises to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use of the Building by Landlord or any other tenant in the Building, (ii) Tenant shall be liable must pay for any damagemajor repairs or replacements of such systems). Tenant shall, loss or injury caused by any or however, be responsible to maintain and make minor repairs to such persons or mechanical systems. Tenant agrees to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from any such damageexpenses incurred in connection with the breach of this Section 5.B. by Tenant, loss its agents, employees, licensees or injurycontractors. In addition, includingTenant, without limitationat its sole cost and expense, costs shall keep and expenses of investigatingmaintain the Premises in a clean, defending sanitary and settling or litigating any claimsafe condition in accordance with applicable law and in accordance with all directions, including reasonable attorneys’ fees rules and disbursements, arising out regulations of the presence health officer, fire marshal, building inspector or other proper officials of such persons governmental agencies having jurisdiction. Tenant shall furnish the Premises, at its sole cost and expense, with all security services, window washing, janitor, garbage disposal services, and other services reasonably necessary to Tenant’s use of the Premises in the Leased Premised or the Building prior accordance with this Lease. Tenant shall, at its sole expense, promptly repair any damage to the Commencement DatePremises caused by Tenant or any agent, officer, employee, contractor, licensee or invitee of Tenant, or due to Tenants breach of any portion of this Lease. Tenant may use any existing warranty that benefits Landlord, to pay for all or a portion of a repair or maintenance obligation of Tenant hereunder, provided, Tenant shall pay any required deductibles.

Appears in 1 contract

Samples: Lease Agreement (Graham Corp)

Tenant’s Obligations. (a) Except as specifically provided in the foregoing Section, Tenant shallTenant, at its sole cost and expense continuously keep and maintain the Leased Premises in a clean and safe condition and maintain the same in good repair, including, without limitation, janitorial service. In the event that Tenant has failed in any respect to observe and perform the covenant contained in the foregoing sentences of this Section, Landlord may (but shall not be obligated to) within ten (10) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its 's sole cost and expense, install or cause except for services furnished by Landlord pursuant to be installed voice Paragraph 7 and data cabling Landlord's obligations under Paragraph 1 OA, shall maintain, in good order, condition, repair, and appearance anything below the Leased ceiling of the Premises, including the interior surfaces of the ceilings (if damaged or discolored due in whole or in part to the act, neglect, omission or fault of Tenant), windows, walls and floors, all doors, interior glass partitions or glass surfaces (not exterior windows) and pipes, electrical wiring, switches, fixtures and other special items exclusively serving the Premises, subject to the provisions of Paragraph 10(A) and 15. In the event Tenant fails to maintain the Premises as well required by this Paragraph, Landlord shall give Tenant notice to do such acts as any auxiliary cooling for are required by this Paragraph. If within a reasonable time not to exceed 30 days following Landlord's notice, Tenant fails to perform its obligations under this Paragraph, or if those obligations cannot reasonably be completed within 30 days, fails to promptly commence such work and diligently pursue it to completion within a reasonable time not to exceed 90 days, then Landlord shall have the right, but shall not be required, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform those obligations, without curing Tenant’s computer servers's default. The funds so expended plus 20% of such amounts as an overhead/ administrative charge shall be due and payable by Tenant within 10 days after receipt of Landlord's invoice. Landlord shall provide access to the Leased Premises have no liability to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use of the Building by Landlord or any other tenant in the Building, (ii) Tenant shall be liable for any damage, loss inconvenience or injury caused interference with the use of the Premises by any Tenant as a result of performing or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from not performing any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement Dateobligations.

Appears in 1 contract

Samples: Office Lease (Esoft Inc)

Tenant’s Obligations. (a) Except The Tenant agrees with the Landlord as specifically provided follows: 00.0. Xx conduct a room check and endorse on the online inventory checklist upon check-in to the Residence. The form must be submitted within 24 hours of the check-in. 12.2. If the Tenant fails to return the signed online inventory checklist form, the Tenant will be deemed to have agreed that the Room and the Contents as listed in the foregoing Sectionform are present, Tenant shall, at its sole cost and expense continuously keep and maintain the Leased Premises in a clean and safe good working order and/or condition and maintain to be responsible for any shortfall or damage to the same Room or the Contents. 12.3. The Tenant may check-in good repair, including, without limitation, janitorial servicebefore or after the stipulated check-in date only with the prior written approval of the Management Office. In the event that Tenant has failed case of an early check-in, the stipulated daily room rate will apply for the period between the early check-in date and the stipulated check-in date. In the case of a late check-in, the Rental for the period from the stipulated check-in date will remain payable. 00.0. Xx promptly notify the Landlord of any damage to or defect in the Room and/or the Residence and/or the Common Parts. 00.0. Xx operate the Service Media and electrical appliances in the Room and/or the Residence and/or the Common Parts in accordance with the manufacturer's instructions and not change, damage, alter or interfere with them in any respect way and to observe ensure that any electrical appliances which do not belong to the Landlord comply with all relevant standards and perform regulations. 12.6. The Rent includes the covenant contained cost of water and electricity charges. The Landlord reserves the right to charge for the usage of water and electricity if the Tenant is found to be in excessive use from the norm or unreasonably wasteful in the foregoing sentences usage e.g. lights and water turned on when not in use or unnecessary use of this Section, Landlord may (but shall not be obligated to) within ten (10) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advanceit. (b) Tenant shall, at its sole cost 12.7. To pay a fair and expense, install or cause to be installed voice and data cabling in the Leased Premisesreasonable proportion, as well as any auxiliary cooling for Tenant’s computer servers. determined by the Landlord shall provide access acting reasonably, of the costs incurred by the Landlord in making good damage to the Leased Premises Room, the Residence or the Common Parts and/or in replacing any fixtures or fittings damaged therein which arises due to Tenant and Tenant’s contractors prior to any act of the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are visitors or any failure by the Tenant to observe and comply with the obligations of the Tenant under the Tenancy Agreement. If there is no evidence to the contrary, then the cost of repairing any damage shall be apportioned as if: i. the damage to a Room was caused by the Tenant to whom that Room is let; ii. all the tenants of the Residence caused the damage to the shared facilities; and iii. all the tenants entitled to use the Common Parts caused the damage to the Common Parts. 12.8. Not to carry on any profession, trade or business whatsoever in the Leased Premised prior Room, Common Parts or any part of the Residence. 12.9. When in the Residence, the Tenant shall at all times respect the rights and privacy of other residents. 12.10. Noise level should be kept to a minimum. 12.11. The Tenant shall observe “Quiet Hours”. 12.12. Residents are prohibited from engaging in any activity or allowing any activity to take place in their room or residence that could disrupt the peaceful enjoyment of other residents. 12.13. To use the Common Parts of the Residence, including but not limited to the Commencement Date staircase, landings, dining hall, kitchen, pantry areas, bathrooms and laundry area, for their respective designated purpose in common with the other residents. 12.14. Not remove, change, install or replace any lock in a Room or the Residence. 12.15. Not duplicate any issued Residence keys or passing the same to other Tenant(s) or any non-residents (inon-residents include friends, classmates, family members, relatives, visitors, etc). 12.16. The Tenant is strictly prohibited from allowing other Tenant(s) they shall not unreasonably interfere with any use of the Building by Landlord or any other tenant person to use his or her Room for any purpose in his or her absence or allowing any other person to stay overnight or exceeding the Visiting Hours for visitors. 12.17. A Tenant residing in a shared room is only allowed to entertain his or her visitors or other residents in the Buildingcommon areas (e.g., (ii) courtyards, pantry, student lounge). 12.18. During the Quiet Hours stipulated by the Residence, a Tenant living in a shared Room may not entertain other residents in the common areas. 12.19. The Tenant is required to close and/or lock the common areas’ entry/exit gates and close fire exit doors at all times. 12.20. Not obstruct any means of access within the Residence. 12.21. Not do anything in the Room or the Residence or the Common Parts which would invalidate the relevant insurance or entitle the insurers to refuse to pay out policy monies, or prejudice or increase the premium payable for the policy of the relevant insurance for the time being in force. 12.22. The Tenant shall not compromise the safety or security of the other residents, or any security measures put in place by the Landlord or the Management Office. 12.23. The Tenant shall not trespass into another resident’s room or any area of the Residence which he or she is not authorised to enter. 12.24. The Tenant shall not change the Room allocated to him or her without the approval of the Management Office. 12.25. The Tenant is prohibited from engaging in conduct in or about the Residence which poses a threat to the health or safety of others, or which interferes with the rights or well-being of other persons. 12.26. The Tenant is prohibited from sleeping in the common areas (e.g., courtyards, pantry, student lounge, etc). The Tenant is to be liable appropriately attired when in the common areas. He or she is to be attired in a manner that ensures the whole is properly covered. Bathrobes, night-dresses, swimwear, skimpy shorts and negligees are not considered proper attire. 12.27. Not to be attired in a manner that will prevent him or her from being readily identifiable, for example, wearing clothing that covers the face (excluding masks mandated by the Singapore health authorities or the Landlord to help reduce and prevent the spread of COVID-19) or a full-face motorcycle helmet that hinders easy identification. 12.28. Gambling, smoking, possession and/or consumption of alcohol and habit-forming drugs as well as anti- social habits such as spitting and littering are strictly prohibited in the Residence. 12.29. The Tenant shall not be in a state of drunkenness or behave in a disorderly manner. 12.30. Not solicit, sale or promote of any damagegoods or services or any political or social cause by the Tenant within the Residence is prohibited. 12.31. Not hold any activities at the Residence that contravenes the Rules and Regulations or the laws of Singapore. 12.32. Any form of ragging, orientation or initiation activity by a Tenant or a group of Tenants is strictly prohibited in the Residence. Only orientation activities approved by the Landlord or the Management Office are permitted. 12.33. Not keep any animal, bird, insect or reptile and pets in the Residence. 12.34. Not use any heating and food preparation appliances, waterbeds, private air conditioners, air coolers and any other items not expressly approved by the Management Office in the Residence. 00.00. Xx report loss or injury caused by any or such persons or damage of Residence keys to the Leased Premises Management Office within 24 hours or the next working day. The cost of replacing the Residence keys and lock shall be borne by the BuildingTenant. 12.36. If the Tenant is locked out of his or her Room, the cost of engaging a locksmith shall be borne by the Tenant. 12.37. Reports of theft or loss of personal belongings will be handed over to the Police for investigation and (c) Tenant shall savefurther action. 00.00. Xx notify the Management Office of any changes to personal contact details such as postal address, defend, indemnify email address or telephone numbers. 00.00. Xx park any vehicle only in places designated by the Landlord and/or the Management Office. 00.00. Xx pay on demand all reasonable and hold Landlord harmless from any such damage, loss or injury, including, without limitation, proper costs and expenses (including legal costs), and fees payable to a surveyor and any tax imposed thereon incurred by the Landlord in reasonable consideration of investigating, defending and settling proceedings to recover outstanding Rent or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out sum incurred as a result of the presence Tenant not performing the obligations of such persons in the Leased Premised or the Building prior to the Commencement DateTenant under this Agreement.

Appears in 1 contract

Samples: Accommodation Agreement

Tenant’s Obligations. (a) Except as specifically provided in a. Tenant shall farm the foregoing Section, Tenant shall, at its sole cost and expense continuously keep and maintain the Leased Premises leased premises in a clean sound and safe husband-like manner and shall be in sole control, care, and possession of the leased premises and of the farming operations thereon. b. Tenant shall make soil fertility test and use the fertilizer type and amount recommended by such test results. Tenant shall maintain soil fertility at least at the level existing upon occupancy. Tenant shall provide Owner with copies of fertility test reports. c. Tenant shall not permit trash or rubbish to accumulate on the premises. All such materials and crop residue shall promptly be removed from the site for disposal or properly recycled to the soil. d. This Lease shall not be assigned, nor shall the premises be sublet or used or occupied by others. e. At the end of the lease term Tenant shall deliver to the Owner complete possession of the leased premises in as good repair and condition as they are at the time Tenant takes possession, ordinary wear, and maintain tear excepted. f. Tenant shall repair any and all damages occurring to the same in good repair, premises during Tenant’s occupancy including, without limitationbut not limited to, janitorial servicefences, gates, wind breaks, ditches, tile lines, underground utilities, and buildings. All gates to be locked after leaving site each day. g. Tenant shall harvest all crops within a reasonable time after they mature. In the event that Tenant has failed in any respect to observe and perform the covenant contained in the foregoing sentences of this Sectiondoes not do so, Landlord Owner may (but shall not be obligated to) within ten (10) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repaired, and the cost thereof shall constitute an Advancehave crops harvested at tenant’s expense. (b) h. Tenant shall, at its sole cost shall maintain a clear radius of 150’ around the AWOS system located between Fields #3 and expense, install or cause to be installed voice #4 and data cabling in the Leased Premises, as well as any auxiliary cooling for Tenant’s computer servers. Landlord shall provide maintain clear access to the Leased Premises access road to the AWOS system from east end of the runway. i. Tenant shall maintain a clear access pathway along the east fence line from Hwy 20 north to Field #6 of 20’ for maintenance of the fence line. j. Tenant shall not plant any crop which shall not have a normal maturity within the terms of this Lease. Further, no legumes may be planted, and Tenantall crops must have the prior approval of the Owner’s contractors Department of Public Works Director. k. Tenant shall not plant any crop which shall, in the sole discretion of Owner, create a hazard to aircraft operating on the airport. Crops other than hay and small grains must be approved by Owner prior to planting. l. The tenant shall not travel between non-contiguous fields except by public roadways (Hwy 20 for the Commencement Date southern fields and Hwy L for the northern fields) but shall be allowed to access Field #2 by travel along the outer perimeter of the airport property from Field #1 m. None of the leased land shall be placed in soil bank or other government land retirement program without prior written consent of Owner. n. Tenant shall not burn corn stalks, straw, or other crop residue, nor shall Tenant burn as a method of weed control. o. Tenant shall construct no sheds, buildings, cribs, etc., either temporary or permanent without Owner’s written consent. p. Tenant will not, on the grounds of race, color, or natural origin, discriminate or permit discrimination against any person or group of persons in any manner prohibited by Title VI of the Civil Rights Act of 1964 and Part 21 of Regulations of the office of the Secretary of State, Department of Transportation. Owner reserves the right to take such purpose provided that neither action as the United States Government may direct to enforce this covenant. q. The Tenant nor its contractor’s shall unreasonably interfere with will provide all weed control on all leased land, as described in Paragraph 3. The method of weed control must meet all environmentally sound application rates and procedures and of all government control agencies (DNR, EPA, Department of Agriculture, etc.). Any damage to adjacent lands from this application will be the performance by Landlord or its contractors in completing responsibility of the obligations tenant. Documentation of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in time, date and what is being applied must be submitted to the Leased Premised Owner prior to the Commencement Date (i) they shall not unreasonably interfere with application of any use of the Building by Landlord or any other tenant in the Buildingchemical treatment, (ii) Tenant shall be liable for any damage, loss or injury caused by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from any such damage, loss or injury, including, including without limitation, costs and expenses of investigatingany pesticides, defending and settling herbicides, or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement Datechemical fertilizers.

Appears in 1 contract

Samples: Farm Lease

Tenant’s Obligations. (a) Except as specifically provided During the Tenancy Period the Tenant agrees: - 5.1 To pay the Rent on the days and in the foregoing Sectionmanner specified to the Landlord’s Agent without any deduction set-off or abatement. 5.2 To clean and keep in a tidy condition the Premises and Communal Areas. 5.3 To keep the communal areas of the Building and the gardens in a tidy condition. 5.4 To use the Premises solely for the purpose of a private living accommodation and not for any other purpose. 5.5 Not to under any circumstance part with or sub-let with the whole or part of the Premises. 5.6 Not to share the occupation of the Premises or any part of it nor do or cause anything to be done whereby the occupation of the Premises is shared with any other person (except with other authorised Tenants or licensees of the Landlord). 5.7 Not to have overnight visitors longer than one night and to ensure that visitors are not in possession of any keys to the Premises at any time and to be responsible for the actions of any visitor that is brought into the Premises by the Tenant. 5.8 To ensure that any visitor who the Landlord wishes to leave the Premises (For whatever reason in the Landlord’s absolute discretion) immediately leaves the Premises in a quiet and peaceful manner at the request of Landlord. 5.9 To allow Landlord access to the Premises under the terms of this agreement following the Landlord giving statutory notice period. Except when in emergencies, or where the Tenant shallhas requested the Landlord to rectify any faults or carry out any maintenance. 5.10 Not to create noise or annoyance that is at an unreasonable level and audible outside of the Premises and any time. In the first instance the Tenant will be issued with a written warning from the Landlord and any further issues will result in the proper authorities being informed. 5.11 To only bring into the Premises or onto the Site domestic appliances and not to bring into the Premises or onto the Site any equipment this is deemed to be for industrial use. This includes (but is not limited to) fridges, at its sole cost freezers, music equipment, stereos and expense continuously speakers etc. 5.12 To keep and maintain deliver the Leased Premises and the Landlord’s furnishings and appliances and effects in a good and clean and tidy condition (fair wear and tear permitted) and not to remove any of the said furnishings and effects from the Premises and if at the termination of the Tenancy Agreement either the Premises are damaged or the said furnishing and effects are damaged or lost, to reimburse the Landlord on demand the amount or value of such loss or damage. We may take from the deposit the reasonable costs of making good any damage to the furniture or fixings or anything else for which you may be responsible which is not caused by fair wear and tear 5.13 Not to make any additions or alterations or attach anything to the interior walls of the premises nor to make any alteration to the decoration of the Premises. 5.14 Not to alter or change or install any additional locks on any window or door in or about the Premises or have any additional keys made for the Premises without the prior written consent of the Landlord or that of the Landlord’s Agent. 5.15 To replace all broken glass in doors and windows damaged by the Tenant during the tenancy. 5.16 To keep the Premises in a clean and safe tidy and proper condition at all times and maintain to dispose of all refuse properly and in accordance with the same directions made by the Landlord in good repairthis regard from time to time. 5.17 To keep the all drains (sink and shower and bath) free from obstruction and in particular not to deposit any food substances or fat oil similar products in to the drains and to pay the Landlord all costs incurred by the Landlord for removing any substances of this nature blocking the drains should the need arise. 5.18 Not to tamper, includingforce or in any way open windows of the Premises or Building beyond their restricted opening, which have been restricted for Health and Safety purposes. 5.19 Not to keep any animals or birds or other living creature on the Dwelling without limitationthe Landlords written consent such consent if granted to be revocable at any time on reasonable grounds by the Landlord. 5.20 Not to bring any motor vehicle on site or to generate any car parking. 5.21 Not to erect any external television aerial or appliance for any television sets used at the Premises. 5.22 To hold a current television licence for any television sets which are being used in individual rooms and are not covered by the Communal Television Licence. 5.23 Not to introduce in to the Premises any portable heaters fired by liquid or bottled gas fuels, janitorial serviceany chip pans, candles, incense sticks, oil burners or oil lamps or cooking appliance except those provided by the Landlord at the Premises without the landlord’s written prior consent and to observe and abide by all fire safety regulations. 5.24 Not to wedge or jam open any fire door and in particular any kitchen door. 5.25 To have all electrical items owned or brought into the Premises by a Tenant or Guest PAT tested and be able to produce a certificate (or receipt for any appliances under a year old) on request of the Landlord. 5.26 To respond immediately if the fire alarm at the Building is rung by following the evacuation procedure for the Building. 5.27 Not to falsely activate the fire alarm, misuse or tamper with the fire alarm or fire safety equipment and not to tamper with or affect the performance of the smoke and heat detectors. Not to obstruct fire safety escape routes from the Premises and the Building. 5.28 To properly secure all locks and bolts to the doors, windows and other openings when leaving the Premises unattended. 5.29 Immediately to give notice to the Landlord (and the site manager of the Building) of any failure in water, drainage, electrical or other services at the Premises. 5.30 Not to use the Premises for any illegal or immoral purpose including drugs or similar substances and not to allow any one visiting the Premises to use illegal drugs or similar substances. 5.31 To observe and be bound by the disciplinary code and rules and regulations relating to student occupancy of residential property as published by the University or College at which the Tenant attends. 5.32 Not to smoke in any part of the Building at any time but to instead use the designated smoking areas and the cigarette bins provided. 5.33 To report the loss of any keys to the Premises or the Building immediately to the site manager of the Building and on termination of this Tenancy Agreement to immediately return all such key to him PROVIDED THAT in any case is it agreed that leaving any keys to the Premises with the security/management personnel at the Building will not in any circumstances be deemed as acceptance of termination of this Agreement by the Landlord. 5.34 That should the Tenant wish to leave the Premises for any reason prior to the end of the Tenancy Agreement, the Tenant shall still remain liable for the Rent for the Premises for the whole Tenancy Period. In the event that the Tenant has failed in any respect to observe and perform the covenant contained in the foregoing sentences of this Section, Landlord may (but shall not be obligated to) within ten (10) days after written notice from Landlord to Tenant, cause the Leased Premises to be maintained or repairedfinds a suitable replacement tenant, and the cost thereof shall constitute an Advancereplacement Tenant has been accepted as suitable by the Landlord, then the Tenant will be responsible for the Rent on the Premises until the replacement tenant has signed a new tenancy agreement to take over the tenancy of the Premises named on the first page of this agreement. (b) Tenant shall, at its sole cost and expense, install or cause 5.35 Within seven days of receipt thereof to be installed voice and data cabling in the Leased Premises, as well as any auxiliary cooling for Tenant’s computer servers. Landlord shall provide access send to the Leased Premises to Tenant and Tenant’s contractors prior Landlord all correspondence addressed to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations owner of Landlord under Section 5.1(d) hereof. During such time as Tenant the Premises and any notice or any of its contractors are in the Leased Premised prior proposal relating to the Commencement Date Premises (ior building of which the Premises form part) they shall not unreasonably interfere with any use given made or issued under or by virtue of the Building by Landlord ant stature, revelation, order direction or any other tenant in the Building, (ii) Tenant shall be liable for any damage, loss or injury caused by-law by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement Datecompetent authority.

Appears in 1 contract

Samples: Tenancy Agreement

Tenant’s Obligations. Tenant agrees to keep, maintain and preserve the Premises (aexcept only the parts for which Landlord is expressly made responsible under this Lease) Except as specifically provided in the foregoing Sectiongood condition and repair and, Tenant shallwhen and if needed, at its Tenant’s sole cost and expense continuously keep expense, to make all repairs to the Premises and every part thereof (except the parts for which Landlord is expressly made responsible under this Lease) . Tenant shall enter into and maintain the Leased Premises in a clean and safe condition and maintain the same in good repair, including, without limitation, janitorial service. In the event that Tenant has failed in any effect preventive maintenance contracts with respect to observe (i) HVAC equipment, (ii) boiler, and perform the covenant contained in the foregoing sentences of this Sectionpressure vessels, Landlord may (but iii) fire extinguishing systems, including fire alarm and/or smoke detection, (iv) landscaping and irrigation systems, (v) clarifiers, and (vi) any other equipment, if reasonably required by Landlord. All such service contracts shall be subject to Landlord’s prior written approval, which approval shall not be obligated to) unreasonably withheld, conditioned or delayed. Landlord shall approve or disapprove of each such service contract within ten (10) business days after written notice from receipt by Landlord; provided that Landlord shall be deemed to have waived its right to approve any service contract that Landlord fails to approve or disapprove within such ten (10) business day period. Tenant shall perform its obligations under this Subparagraph 14(a) with diligence and consistent with good building management, in accordance with Paragraph 13 above. Tenant agrees to cause any mechanics’ liens or other liens arising as a result of work performed by Tenant or at Tenant, cause the Leased Premises ’s direction to be maintained eliminated as provided in Paragraph 15 below. Except as otherwise provided in Subparagraph 14(c) below, Landlord has no obligation to alter, remodel, improve, repair, decorate or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its sole cost and expense, install or cause to be installed voice and data cabling in the Leased Premises, as well as paint any auxiliary cooling for Tenant’s computer servers. Landlord shall provide access to the Leased Premises to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use portion of the Building by Landlord or any other tenant in the Building, (ii) Tenant shall be liable for any damage, loss or injury caused by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement DatePremises.

Appears in 1 contract

Samples: Industrial/Commercial Lease (Hei Inc)

Tenant’s Obligations. (a) Except as specifically expressly provided as Landxxxx’x obligation in the foregoing Sectionthis Article 9, and in addition to Tenant’s obligations in Article 11 below, Tenant shallshall keep the Premises in good condition and repair. DOCPROPERTY "DocID" \* MERGEFORMAT (i) Tenant shall be responsible, at its Tenant’s sole cost and expense continuously keep expense, for repair and maintain maintenance of any HVAC Systems (as hereinafter defined), including any Supplemental Units (as hereinafter defined), exclusively serving the Leased Premises and in connection therewith, Tenant shall retain a clean service and safe condition and maintain the same in good repair, includingmaintenance contract for such HVAC Systems with a contractor designated by Landlord to ensure regular maintenance which shall include, without limitation, janitorial service(i) regular inspection, cleaning and testing of the HVAC Systems, (ii) any servicing, maintenance, repairs and replacements of filters, belts or other items determined to be necessary or appropriate as a result of such inspections and tests, or by the manufacturers’ warranty, service manual or technical bulletins, or otherwise required to ensure proper and efficient operation, including emergency work, (iii) all other work as shall be reasonably required by Landlord or Landlord’s insurance carriers, (iv) a detailed record of all services performed (Tenant shall provide Landlord with a copy of such annual reports promptly upon Landlord’s written request), and (v) an annual service report at the end of each calendar year. In the event that Tenant has failed in of any respect abandonment of the Premises by Tenaxx, Xxnant shall continue to observe be responsible for the repair and perform maintenance of any HVAC Systems as set forth above. Notwithstanding the covenant contained in the foregoing sentences preceding provisions of this Sectionparagraph, Landlord may elect at any time upon written notice to Tenant to perform the maintenance and repairs of such HVAC Systems for the account of Tenant. In such event, Tenant shall pay the cost of the service and maintenance contract for such HVAC Systems serving the Premises, as well as for costs of repair and maintenance thereof as necessary in the reasonable judgment of Landlord, as Additional Rent, within ten (but shall not be obligated to10) days of receipt of xxxxxxxx therefor from Landlord. Alternatively, Landlord may, at its option, elect to have such HVAC Systems serving the Premises maintained, repaired and replaced in common with other equipment in the Building. In such event, within ten (10) days after written notice from receipt of xxxxxxxx therefor and as Additional Rent, Tenant shall pay its pro rata share of such maintenance costs, which share shall be established in an equitable manner by Landlord based upon the relative tonnage provided to Tenantthe Premises, cause compared to the Leased Premises total tonnage under contract, or some other reasonable means of allocation as selected by Landlord. Landxxxx’x good faith judgment as to the allocation of the charges described in this paragraph shall be conclusive. Included in the charges to be maintained or repairedallocated to Tenant shall be, without limitation, the maintenance contract for such HVAC Systems, and any repairs and replacements not covered by the cost thereof shall constitute an Advancemaintenance contract or any warranty or insurance. (bii) All damage or injury to the Premises or the Building resulting from the negligence or willful misconduct of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant shall, at its sole cost and expense, install or cause to be installed voice and data cabling in the Leased Premises, as well as any auxiliary cooling for Tenant’s computer servers. Landlord shall provide access to the Leased Premises to Tenant and Tenant’s contractors prior to satisfaction of Landlord; provided, however, that for repairs that may impact the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord mechanical, electrical, plumbing, heating, ventilation or its contractors in completing the obligations air-conditioning systems of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use of the Building by Landlord or any other tenant in the Building, Landlord shall have the right (iibut not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly commenced by Tenant after Tenaxx’x receipt of written notice and the reasonable opportunity of Tenant to make said repair within ten (10) business days from receipt of said written notice (except in the case of an emergency), and charge Tenant for the cost thereof, which cost shall be paid by Tenant with the next monthly installment of Base Rent following receipt of an invoice from Landlord. Tenant shall be liable responsible for any damagethe design and function of all non-standard improvements of the Premises, loss whether or injury caused not installed by any or such persons Landlord at Tenant’s request. Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the Leased Premises and cost thereof from the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement Date.rent. DOCPROPERTY "DocID" \* MERGEFORMAT

Appears in 1 contract

Samples: Lease Agreement (KalVista Pharmaceuticals, Inc.)

Tenant’s Obligations. (a) Except as specifically provided in the foregoing Section, 6.3.1 Tenant shall, at its sole cost and expense continuously keep and agrees to maintain the Leased Premises interior of the Premises, the improvements made by Landlord and/or Tenant thereto inside and outside the Premises, and the grounds and landscaping surrounding the Premises, in a clean and safe good condition and maintain the same in good repair, including, without limitation: all glass, janitorial servicelighting fixtures, heating and air conditioning equipment, truck dock bumpers, support columns, all doors, including overhead freight doors, electrical wiring and plumbing systems. In Tenant further agrees to clean and paint the event that interior of the Premises as often as necessary in order to maintain said Premises in a clean, attractive and sanitary condition. 6.3.2 Tenant has failed shall keep the entrance ways reasonably free from ice and snow and keep the grounds surrounding the Premises clean, and remove therefrom all trash, rubbish, cartons or other debris. 6.3.3 Tenant agrees to pay its proportionate share for all labor and materials necessary, in Landlord’s discretion, for property management, landscaping, exterior painting, outside lighting, pest control, and snow removal. Except as specifically excluded elsewhere in this Lease, Tenant accepts responsibility for any respect damage to observe the Premises and perform improvements thereto and to the covenant contained in surrounding grounds during the foregoing sentences term of this SectionLease and agrees to immediately repair such damage and restore the Premises and the grounds to their predamaged condition without any notice or demand from Landlord. Should Tenant fail to maintain the Premises or fail to make any repair to the Premises and grounds as contemplated by this Paragraph, Tenant shall be deemed in default under this Lease and Landlord may (may, but shall not be obligated required to) within ten (10) days after written notice from Landlord , enter the Premises and perform the maintenance or necessary repairs and submit a statement to Tenant, cause the Leased Premises to be maintained or repaired, and Tenant for the cost thereof therefore, which statement shall constitute an Advancebe promptly paid by Tenant. (b) 6.3.4 Without prior notification or demand from Landlord, Tenant shall, at its sole cost and expense, install agrees to immediately replace all glass broken or cause to be installed voice and data cabling in damaged during the Leased Premises, as well as any auxiliary cooling for Tenant’s computer servers. Landlord shall provide access to the Leased Premises to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere term of this Lease with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any use glass of the Building by Landlord same or any other tenant in the Building, (ii) Tenant shall be liable for any damage, loss higher quality as that broken or injury caused by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons in the Leased Premised or the Building prior to the Commencement Datedamaged.

Appears in 1 contract

Samples: Industrial Net Lease (MRS Fields Famous Brands LLC)

Tenant’s Obligations. (a) Except as specifically provided in the foregoing Section, Tenant shall, at its sole cost and expense continuously keep and Tenant’s expense, maintain the Leased interior portion of the Premises including, but not limited to, all plumbing and electrical fixtures and outlets, all computer and telecommunications wiring and outlets, and any interior glass in a clean and safe good condition and maintain the same in good repair. If Tenant falls to do so Landlord may, including, without limitation, janitorial service. In the event that Tenant has failed in any respect to observe and perform the covenant contained in the foregoing sentences of this Section, Landlord may (but shall not be obligated required to, enter the Premises and put them in good condition, and Landlord’s costs thereof as set forth in Landlord’s demand to Tenant shall automatically become due and payable as additional rent. Tenant shall reimburse Landlord within thirty (30) within days following its demand for all costs incurred by Landlord, plus an administrative fee of ten percent (10%) days after written notice from Landlord of such costs, in making alterations to Tenantthe structural, cause mechanical, electrical, plumbing or life safety systems of the Leased Premises Building and to the common areas of the Building which may be maintained or repaired, and the cost thereof shall constitute an Advance. (b) Tenant shall, at its sole cost and expense, install or cause to be installed voice and data cabling in the Leased Premises, required under applicable law as well as any auxiliary cooling for a result of Tenant’s computer servers. Landlord shall provide access to the Leased Premises to Tenant and Tenant’s contractors prior to the Commencement Date for such purpose provided that neither Tenant nor its contractor’s shall unreasonably interfere with the performance by Landlord or its contractors in completing the obligations of Landlord under Section 5.1(d) hereof. During such time as Tenant or any of its contractors are in the Leased Premised prior to the Commencement Date (i) they shall not unreasonably interfere with any particular use of the Building Premises or alterations made within the Premises by Tenant or by Landlord at the request of Tenant. At the expiration or any other tenant earlier termination of the term Tenant shall deliver up possession of the Premises in good condition and repair, only ordinary wear and tear excepted, and with only such improvements and alterations as shall have been made with Landlord’s consent which have not been required to be removed by Landlord upon the granting of such consent. In all events, unless Landlord otherwise elects, upon the expiration or earlier termination of this Lease, Tenant shall cause all telecommunications devices installed by Tenant to be removed, wherever located in the Building, (ii) . Tenant shall not be liable for any damage, loss or injury caused required to remove telecommunications wiring and cabling installed by any or such persons or to the Leased Premises and the Building, and (c) Tenant shall save, defend, indemnify and hold Landlord harmless from any such damage, loss or injury, including, without limitation, costs and expenses of investigating, defending and settling or litigating any claim, including reasonable attorneys’ fees and disbursements, arising out of the presence of such persons wherever located in the Leased Premised Building upon the expiration or earlier termination of this Lease unless Landlord, in its sole discretion, elects to remove from the Building prior to Premises telecommunications wiring and cabling installed by the Commencement Dateprevious tenant.

Appears in 1 contract

Samples: Industrial Gross Lease (Celera CORP)

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