Common use of Tenant’s Obligations Clause in Contracts

Tenant’s Obligations. Tenant shall at all times and at its own -------------------- expense clean, keep and maintain in good order, condition and repair every part of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair and maintenance obligations shall include, all plumbing and sewage facilities within the Premises, fixtures, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premises. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.

Appears in 1 contract

Samples: Tvia Inc

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Tenant’s Obligations. Tenant shall maintain, repair and replace, to the extent necessary to maintain the Building in good operating order and first-class condition, at its sole cost and expense, all portions of the Premises which are not Landlord's obligations under Paragraph 7(a), including, without limitation, (i) the roof membrane; (ii) the building systems serving the Premises for electrical, mechanical, HVAC and plumbing and all controls appurtenant thereto, and any elevators in the Building (collectively, including elevators, "Building Systems"); and (iii) the interior portion of the Building (other than the Excluded Space), the Warm Shell Improvements, the Tenant Improvements, the Alterations, and any additional tenant improvements, alterations or additions installed by or on behalf of Tenant within the Premises. If Tenant exercises its right to extend the Term for the Extension Term, at Tenant's election Tenant may, by written notice to Landlord delivered at any time at least thirty (30) days prior to expiration of the Initial Term, cause Landlord to assume Tenant's maintenance obligations with respect to the Building Systems under clause (ii) above, which assumption by Landlord shall be effective during the Extension Term. If Landlord assumes such obligations, all costs incurred by Landlord in connection therewith shall be deemed Additional Charges payable by Tenant in accordance with Paragraph 3(c). Tenant shall be responsible for the expense of installation, operation, and maintenance of its telephone and other communications cabling from the public right-of-way to the point of entry into the Building (except that Landlord shall install two underground telephone conduits from the public right-of-way to the Project Garage as part of the Base Building, as provided in the Work Letter) and throughout the Premises; although Landlord shall have the right, at Landlord's sole election, to perform such work on behalf of Tenant in Common Areas, provided Landlord performs such work in coordination with Tenant and its contractors in such a manner as will accommodate Tenant's reasonable objectives with respect thereto. The Premises shall at all times and at its own -------------------- expense clean, keep and maintain in good order, condition and repair every part of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair and maintenance obligations shall include, all plumbing and sewage facilities within the Premises, fixtures, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premises. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term condition of this Lease to assume the maintenance and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.a first-class office

Appears in 1 contract

Samples: Lease Agreement (Handspring Inc)

Tenant’s Obligations. Tenant shall at all times throughout the term, commit, suffer or permit no damage or waste to the Common Area and at its own -------------------- expense cleanTenant’s expense, keep and care for, maintain in good order, condition and repair every part of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair and maintenance obligations shall include, all plumbing and sewage facilities within the Premises, fixtures, interior walls the fixtures and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities appurtenances therein and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the PremisesTenant’s property. Tenant shall also be responsible for all pest control repairs, interior and exterior, structural and non-structural, ordinary and extraordinary, in and to the Premises and the Building and the facilities and systems thereof, the need for which arises out of: (a) the performance or existence of Tenant’s Work or Alterations; (b) the installation, use or operation of Tenant’s Property in or out of the Premises; (c) the moving of Tenant’s Property in or out of the Building; or (d) the act, omission, misuse or neglect of Tenant or any of its subtenants or its or their employees, agents, contractors, or invitees. In addition, Tenant, at its expense, shall promptly replace all scratched, damaged or broken doors and glass in and about the Premises, and shall be responsible for (i) all repairs, maintenance and replacement of wall and floor coverings in the Premises, (ii) for the repair and maintenance of all sanitary and electrical fixtures therein, and (iii) for all maintenance and repairs ordinary or extraordinary, which may be necessary (in Landlord’s discretion) in and within the PremisesPremises in order to keep same in the condition delivered to Tenant on the Commencement Date, ordinary wear and tear expected. Tenant shall obtain HVAC promptly make, at Tenant’s expense, all repairs in or to the Premises for which Tenant is responsible. Any repairs required to be made by Tenant to the mechanical, electrical, sanitary, plumbing, heating, ventilating, air conditioning, or other systems preventive maintenance contracts of the Building shall be performed only by contractor(s) designated by Landlord. All such repairs shall be performed at such time and in such manner as shall cause the least interference with quarterly service (or the operation of the central systems of the Building and the use of the Building by other occupants. All such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which repairs shall be subject to the reasonable approval of Landlord supervision and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected control by Landlord's contractor on , for which Landlord may charge Tenant a semi-annual basis reasonable fee. Any other repairs in or to confirm whether the Building and the facilities and systems thereof for which Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections is responsible shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained performed by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.at Tenant’s expense.

Appears in 1 contract

Samples: Lease Agreement (Vitacost.com, Inc.)

Tenant’s Obligations. Except as otherwise specifically provided herein Tenant shall shall, at all times and at its own -------------------- expense cleanTenant's expense, keep and maintain in good orderand safe condition, condition order and repair the Premises and every part thereof, including without limitation, (a) all plumbing, fire sprinkler and sewage systems, and all ducts, pipes, vents or other parts of the heating, ventilation and air conditioning system (the "HVAC") which service only the Premises which is not within Landlord's obligation pursuant (as opposed to Paragraph 17.A. Tenant's repair servicing an area larger than the Premises), (b) all electrical and maintenance obligations shall includelighting facilities, all plumbing systems, appliances, and sewage facilities equipment within the PremisesPremises including all wiring therein, (c) all fixtures, non structural interior walls and ceilingwalls, interior 5 surfaces of exterior walls, non structural floors, and ceilings, and (d) all windows, doors, entrances, plateglassall glass (including plate glass), showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment skylights located within the Premises, electrical motors and the roof membrane. Tenant's responsibility for maintenance and repair shall include all other appliances such facilities or systems that are located on or within the walls and equipment floor of every kind and nature located in, upon or about the Premises. Tenant shall also be responsible for maintain, repair and replace when necessary all pest control within HVAC equipment which services only the Premises. Tenant , and shall obtain maintain in full force at all times during the term of this Lease an HVAC systems preventive maintenance contracts contract with quarterly a qualified service (or company satisfactory to Landlord covering all such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid for by Tenant, and which HVAC systems. Said contract shall provide for periodic servicing no less than every ninety (90) days and shall include without limitation replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes changes, weather proofing of all exposed HVAC equipment and ducts, parts replacement and other preventive maintenancemaintenance provided, including annual maintenance of duct workhowever, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. that Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in said systems. Notwithstanding the foregoing Landlord may, by written notice to Tenant, elect at any time to assume responsibility for performing maintenance, repair and replacement of all HVAC equipment servicing only the Premises. All costs incurred by Landlord in performing such HVAC systemsmaintenance, repair and replacement shall be paid by Tenant on a periodic basis within ten (10) days after receipt of a written invoice therefor from Landlord. Any costs incurred while performing maintenance and repair work which benefits more than one tenant in the building shall be prorated among all tenants so benefited. Tenant shall provide furnish Landlord with copies a copy of all the HVAC maintenance reports on a quarterly basisservice contract required by this paragraph, including copies which shall provide that it may not be cancelled or changed without at least thirty (30) days prior written notice to Landlord. All repairs required to be made by Tenant shall be made promptly with new materials of contractor recommendations for repairs and/or replacementslike kind and quality. If the repair work is a repair to the Premises which affects the structural parts of the Building, or if the estimated cost of any repairs and/or replacements are recommended by item of repair exceeds $5,000, then Tenant shall first obtain Landlord's written approval of the scope of work, plans therefor, materials to be used and the contractor. If repair work is required in an emergency situation in which tenant can not contact Landlord, then Tenant shall perform such be allowed to make emergency repairs and/or replacements and shall provide Landlord with evidence that such agrees to reimburse Tenant for the cost of the repair work within ten (10) days of receipt of invoices therefor from Tenant.. Tenant hereby waives the benefit of any statute now or hereinafter in effect which would otherwise afford Tenant the right to make repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by expense or to terminate this Lease because of Landlord's contractor on a semi-annual basis failure to confirm whether keep the Premises in good condition, order and repair. Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses specifically waives all rights it may have under Sections 1932(1), 1941, and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair 1942 of the HVAC systems upon written notice to Tenant andCalifornia Civil Code, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.similar or successor statute or law.

Appears in 1 contract

Samples: Nextcard Inc

Tenant’s Obligations. Except for those items described in Section 9.A above which are required to be maintained and repaired by Landlord or as described in this Section 9.B below, Tenant shall at all times and at its own -------------------- expense clean, keep maintain, repair and maintain in good order, condition replace when necessary the Buildings and repair every part of thereof through regular inspections and servicing, including but not limited to the Premises which is following to the extent Landlord does not within Landlord's obligation pursuant elect to Paragraph 17.A. Tenant's repair and maintenance obligations shall include, maintain the same as Reimbursable Operating Costs (as defined in Section 9.C below): (i) all plumbing and sewage facilities, (ii) all heating ventilating and air conditioning facilities within the Premisesand equipment, (iii) all fixtures, interior walls and ceilingwalls, floors, carpets and ceilings, (iv) all windows, doors, door entrances, plateglassplate glass and glazing systems including caulking, showcasesand skylights other than washing of exterior surfaces of Building exterior window, skylights, (v) all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any (vi) all automatic fire extinguisher equipment, (vii) all elevator equipment within and (viii) the Premisesroof membrane system. All wall surfaces and floor tile are to be maintained in good condition and repair, electrical motors normal wear and all other appliances tear and equipment of every kind casualty excepted (subject to Section 16 below). With respect to items (ii), (vii) and nature located in(viii) above, upon or about the Premises. Tenant shall also be responsible provide Landlord a copy of a service contract between Tenant and a licensed service contractor providing for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the such systems or equipment in such HVAC systemsconformance with the manufacturer’s recommendations. Tenant shall provide Landlord with copies a copy of all HVAC such preventive maintenance reports on a quarterly basiscontracts and paid invoices for the recommended work if requested by Landlord. To the extent that any item in (i) through (viii) above is determined by Landlord to be for the benefit of more than one (1) tenant or occupant of the Buildings or Project, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by Landlord may assume the contractorobligation to clean, maintain, repair and replace the same as Reimbursable Operating Costs (as defined in Section 9.D below) and Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term period of such assumption have no obligation to clean, maintain, repair or replace such item. Notwithstanding this Lease to assume the maintenance and repair of the HVAC systems upon written notice to Tenant andSection 9.B above, if Landlord elects Tenant determines that any Building components located in or servicing the Premises which Tenant is required to do sorepair (other than Tenant Improvements or Alterations or work required of Tenant to comply with applicable Laws pursuant to Section 8.C) are in need of material repair or replacement, and (i) the cost of such maintenance repair replacement is in excess of Twenty Five Thousand Dollars ($25,000), and repair(ii) the material repair or replacement constitutes a capital cost under generally accepted accounting principles, including any service contracts maintained then Tenant shall notify Landlord of same in writing. If Tenant notifies Landlord of the foregoing pursuant to the prior sentence, then Landlord shall cause such repair or replacement (whether an item is repaired or replaced shall be determined by Landlord for in its reasonable discretion) to be made, subject to reimbursement by Tenant as follows: The entire cost incurred by Landlord with respect to such purposework, together with interest thereon at the Agreed Interest Rate, shall be included amortized over the useful life of the capital repair or replacement, as reasonably determined by Landlord in accordance with generally accepted accounting principles, and the monthly amortized cost (and interest thereon) shall be a Reimbursable Operating Expenses and Cost to be paid by Tenant as provided in Paragraph 17.C.under this Lease until the earlier of the Expiration Date or the date that the entire cost of such work and interest thereon has been reimbursed to Landlord.

Appears in 1 contract

Samples: ServiceNow, Inc.

Tenant’s Obligations. Tenant shall at all times and shall, at its own -------------------- expense cleansole cost, keep and maintain maintain, repair and replace, said Premises and appurtenances and every part hereof, including but not limited to, exterior walls, roof, glazing, sidewalks, parking areas, elevator, plumbing, electrical and HVAC systems, and all the Tenant Improvements in good and sanitary order, condition and repair every part of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair and maintenance obligations shall include, all plumbing and sewage facilities within the Premises, fixtures, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premises. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid for by Tenantcondition, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systemsrepair. Tenant shall provide Landlord with copies a copy of a service contract between Tenant and (i) a licensed air-conditioning and heating contractor which contract shall provide for bi-monthly maintenance of all HVAC air conditioning and heating equipment at the Premises; and (ii) a licensed elevator maintenance reports on a quarterly basis, including copies contractor which contract shall provide for monthly maintenance of contractor recommendations for repairs and/or replacementsall elevator related systems. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, pay the cost of all air-conditioning heating, and elevator equipment repairs or replacements which are either excluded from such service contract or any existing equipment warranties. All wall surfaces and floor tile are to be maintained in an as good a condition as when Tenant took possession free of holes, gouges, or defacements. Tenant shall also be responsible, at its sole cost and expense for the preventive maintenance and repairof the membrane of the roof, including any service contracts maintained by Landlord for such purpose, which responsibility shall be included in Operating Expenses deemed properly discharged if (i) Tenant contracts with a licensed roof contractor who is reasonably satisfactory to both Tenant and Landlord, at Tenant's sole cost, to inspect the roof membrane at least every six (6) months, with the first inspection due the sixth (6th) month after the Commencement Date, and (ii) Tenant performs, at Tenant's sole cost, all preventive maintenance recommendations made by such contractor within a reasonable time after such recommendations are made. Such preventive maintenance might include acts such as clearing storm gutters and drains, removing debris from the roof membrane, trimming trees overhanging the roof membrane, applying coating materials to seal roof penetrations, repairing blisters, and other routine measures. Tenant shall provide to Landlord a copy of such preventive maintenance contract and paid by invoices for the recommended work. Tenant as provided in Paragraph 17.C.agrees, at its expense, to water, maintain and replace, when necessary, any shrubbery and landscaping.

Appears in 1 contract

Samples: Common and Maintenance Agreement (Annuncio Software Inc)

Tenant’s Obligations. During the Lease Term, Tenant shall shall, at all times its risk and at its own -------------------- expense cleansole cost, keep and maintain the Premises in good working order, repair and condition (including all necessary replacements), including, but not limited to, interior partitions, interior sides of exterior walls, floors, floor coverings, windows, window coverings and repair every part electrical and plumbing fixtures, all glass elements, doors (including dock, grade and man doors), dock bumpers, levelers, light bulbs, other improvements and fixtures within the Rentable Area of the Premises which is not within Landlord's obligation pursuant and regular removal of debris. As to Paragraph 17.A. Tenant's repair and maintenance obligations shall include, all plumbing and sewage facilities within the Premises, fixtures, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premises. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair of the HVAC systems equipment in the Premises, Tenant shall contract directly with an HVAC servicing company reasonably acceptable to Landlord for maintenance, repair, and inspection no less frequent than quarterly; provided, however, that Landlord shall have the option of contracting directly with an IIVAC servicing company for all such work and charging Tenant for all costs thereof. In addition, if any repair or maintenance is necessary or prudent under Section 8.01 as a result of an act or omission of Tenant or Tenant's Parties, Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written notice demand therefor. Tenant shall take good care of all property and fixtures. Tenant shall engage a certified pest control firm to Tenant andperform regular extermination for all pests. Notwithstanding anything to the contrary contained in Section 8.02, if within six (6) months of the Commencement Date a capital repair is required with respect to the electrical system serving the Premises or the HVAC system serving the Premises and the need for such capital repair is not caused by an act or omission by Tenant or Tenant's agents, employees or contractors (including, without limitation, the failure of Tenant to provide routine maintenance with respect to the HVAC system serving the Premises), Landlord elects to do so, shall be responsible for the cost of such maintenance and capital repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C..

Appears in 1 contract

Samples: Industrial Lease (Trellis Earth Products Inc)

Tenant’s Obligations. Tenant shall at all times accepts the Premises in their present condition "as is" and as suited for the use intended by Tenant. Tenant shall, throughout the initial term of this Lease and any renewals thereof, at its own -------------------- expense cleanexpense, keep and maintain in good orderorder and repair and in compliance with all governmental requirements now in force or which may be in force hereafter, the Premises, including the Building and other improvements, components and systems located therein or thereon (including without limitation the plumbing, wiring, electrical systems, sprinkler systems, HVAC system, glass and plate glass, equipment and machinery constituting fixtures), except those repairs expressly required to be made by Landlord. Tenant agrees to return the Premises to Landlord at the expiration or prior termination of this Lease in as good condition and repair every part as when first received, normal wear and tear, damage by storm, fire, lightning, earthquake or other casualty excepted. Tenant hereby waives any rights or remedy regarding Tenant's right to make repairs and deduct the expenses of such repairs from the Rent due under the Lease. Tenant's obligations hereunder shall specifically include the duty to enter into and maintain at Tenant's sole expense during the entire term of this Lease a contract(s) for the routine and periodic inspection of the Premises HVAC system (which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair regular inspection shall be no less than once every six (6) months), the replacement of filters as recommended and maintenance obligations shall include, all plumbing and sewage facilities within the Premises, fixtures, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within the Premises, electrical motors and all performance of other appliances and equipment of every kind and nature located in, upon or about the Premises. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other recommended periodic service as Landlord shall designate) servicing in accordance with manufacturer applicable manufacturer's standards and recommendations, which . Such contract (a) shall be subject with a qualified contractor or individual reasonably satisfactory to Landlord; (b) shall satisfy the reasonable approval requirements for routine and periodic maintenance, if any, necessary to keep all applicable manufacturer's warranties in full force and effect; and (c) shall provide that in the event this Lease expires or is earlier terminated for any reason whatsoever that said contract shall be immediately terminable by Landlord or Tenant without any cost, expense or other liability on the part of Landlord Landlord. Tenant's obligations hereunder shall specifically include the duty to enter into and paid maintain at Tenant's sole expense during the entire term of this Lease a contract(s) for by Tenantthe routine and periodic maintenance and regular inspection of the sprinkler system, and which shall provide for the performance of any recommended periodic servicing in accordance with applicable manufacturer's and include replacement of filters, oiling insurer's standards and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systemsrecommendations. Tenant shall provide Landlord with copies of all HVAC such maintenance reports on a quarterly basisand inspection reports, including copies but not limited to the results of any testing performed on the sprinkler system. Such contract (a) shall be with a qualified contractor recommendations or individual reasonably satisfactory to Landlord; (b) shall satisfy the requirements for repairs and/or replacements. If routine and periodic maintenance, if any, necessary to keep all applicable manufacturer's warranties and any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements insurance coverage in full force and effect; and (c) shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of event this Lease expires or is earlier terminated for any such semi-annual inspections reason whatsoever that said contract shall be included in Building Maintenance Expenses immediately terminable by Landlord or Tenant without any cost, expense or other liability on the part of Landlord. It is expressly agreed by Landlord and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord that Tenant shall have the right at to enforce the terms of all warranties applicable to HVAC Systems, sprinkler systems and all other warranties from manufacturers or suppliers of equipment, materials or services applicable to those items which Tenant is required to maintain, repair or replace in the Premises. Landlord agrees to cooperate with Tenant in enforcing any time during such warranties applicable to the term of this Lease to assume the maintenance and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.Premises.

Appears in 1 contract

Samples: Industrial Lease (Radio Systems Corp)

Tenant’s Obligations. Subject to Landlord’s obligations as set forth in this Lease (including, without limitation, in Sections 11(B), 29 and 30 of this Lease), throughout the Lease Term, Tenant shall shall, at all times Tenant’s sole cost and at its own -------------------- expense cleanexpense, keep and maintain the Premises in good orderworking order and condition, condition including without limitation all systems serving the Premises including the HVAC, generators, solar panels installed by Lessee, mechanical, electrical, fire alarm and life safety, plumbing, vertical transportation system (including elevator cabs), and sprinkler systems (collectively, the "Building Systems"), the roof covering (which shall comply with the terms of the existing roof warranty but in no event shall Lessee be responsible for repair every or maintenance of the structural portions of the roof or for replacement of the roof covering (subject to reimbursement as set forth in Section 5(B)(c)(vii) above), all Exterior Areas, and the Parking Areas. Tenant’s obligations described in this Section 11(A) shall be collectively referred to herein as the “Tenant Repair/Maintenance Obligations.” As part of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair and maintenance obligations shall includeTenant Repair/Maintenance Obligations, all plumbing and sewage facilities within the Premises, fixtures, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premises. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive and maintain periodic maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject respect to the reasonable approval of Landlord and paid for by Tenant[roof covering], HVAC system, and which vertical transportation system serving the Premises and shall provide for deliver to Landlord copies of all such service contracts. Landlord hereby assigns to Tenant and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit right to enforce any third-party warranties held by Landlord relating to the Building Systems, the Existing EV Stations, or in connection with any other Landlord Repair/Maintenance Obligations (hereinafter defined) and, upon request from Tenant, Landlord will cooperate with Tenant with respect to the pricing and purchase, at Tenant’s cost, of all any extended warranties available to Landlord regarding for any component of the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs Premises and/or replacementsthe Building Systems. If Tenant fails to make any repairs and/or replacements are recommended by required Tenant Repair/Maintenance Obligations, Landlord may demand in writing that Tenant make the contractorsame, and if Tenant shall perform refuses to commence such repairs and/or or replacements and shall provide Landlord within twenty (20) days after such demand or to complete the same with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. reasonable diligence thereafter, then Landlord may, at but need not, make such repairs and replacements, and Tenant shall pay Landlord the reasonable, out-of-pocket documented cost thereof, including all overhead, general conditions, fees and other costs or expenses reasonably arising from Landlord's electioninvolvement with such repairs and replacements within thirty (30) days after invoice. Tenant shall, have at its sole cost and expense, contract directly with a janitorial service and shall pay for all janitorial services used on or for the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses Premises and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included no obligations whatsoever in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.connection therewith.

Appears in 1 contract

Samples: Lease (Instil Bio, Inc.)

Tenant’s Obligations. Tenant shall shall, at all times Tenant’s expense and at its own -------------------- expense in accordance with the Rules and Regulations, keep the Premises and the Land in a clean, keep safe and orderly condition and maintain in good order, condition and repair every part the entirety of the Premises which is not within Landlord's obligation and the Land (other than the portions required to be maintained by Landlord pursuant to Paragraph 17.A. Tenant's repair Section 8(a) above), including, but not limited to, the roof membrane, the Building’s HVAC, electrical, mechanical and maintenance obligations shall includeplumbing systems, all plumbing and sewage facilities within fire sprinkler and other life safety systems (collectively, the Premises“Building Systems”), exterior glass, floors and floor coverings, ceiling (ceiling tiles and grid), landscaping, parking areas (including security lighting around the parking areas), security fencing and other fencing on the Premises and the Land, Tenant Improvements, Alterations, fire extinguishers, outlets and fixtures, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment appliances (including dishwashers, hot water heaters and systemsgarbage disposers) in the Premises and repairs and repairs and replacements of other components of the Building that would ordinarily be treated as a “capital expenditure” under generally accepted accounting principles, any automatic fire extinguisher equipment within subject to Section 8(c). Notwithstanding anything to the Premisescontrary herein, electrical motors Landlord shall perform and all other appliances construct, and equipment of every kind and nature located in, upon or about the Premises. Tenant shall also be have no responsibility to perform or construct any repair, maintenance or improvements that are required due to construction defects discovered in the first two (2) years of the Term. To the extent that any Warranty (as defined in Section 3.4 of the Work Letter) covers an item that Tenant is responsible for all pest control within maintaining or repairing pursuant to the PremisesLease, Tenant will be solely responsible for enforcing such Warranty. In such event, such assignment shall remain in effect until the expiration or earlier termination of this Lease, whereupon each such assigned Warranty shall automatically revert to Landlord. In confirmation of such reversion Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (execute and deliver promptly any assignment or such certificate or other periodic service as Landlord shall designatedocument reasonably required by Landlord. As provided above in this Section 8(b) and in accordance with manufacturer recommendationsthe Work Letter, which shall be subject to the reasonable approval of Landlord and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available any Warranties obtained by Landlord in connection with the original construction of the Project, and Landlord will provide to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basisany such Warranties to Tenant upon request and, including copies of contractor recommendations for repairs and/or replacementsnotwithstanding the foregoing, will reasonably cooperate with Tenant to enforce any such Warranties, at Tenant's sole cost and expense. If Tenant fails to perform any maintenance required hereunder within thirty (30) days after Landlord’s written notice (except when the repairs and/or replacements are recommended by require more than thirty (30) days for performance and Tenant commences the contractorrepair within thirty (30) days and continues to diligently pursue the repair to completion), Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, but shall not be required to, enter the Premises and perform such maintenance; provided that (1) no such written notice shall be required in the event of an emergency and (2) the 30-day cure period permitted in this sentence shall run concurrently with any grace or cure periods permitted under Section 14. Landlord’s reasonable out-of-pocket costs thereof as set forth in Landlord’s demand and supportive documentation to Tenant, plus an administrative fee in the amount of 5% of such costs shall automatically become due and payable as Additional Rent. If Landlord is obligated to make alterations to the Building that are required under applicable Laws as a result of Tenant’s particular use of the Premises or Alterations made by Tenant or by Landlord at Landlord's electionthe request of Tenant, have the HVAC systems inspected then Tenant shall reimburse Landlord within thirty (30) days following its demand for all costs incurred by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost , plus an administrative fee of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost 5% of such maintenance and repaircosts, including any service contracts maintained by Landlord for in making such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.alterations.

Appears in 1 contract

Samples: Lease Agreement (Exelixis, Inc.)

Tenant’s Obligations. Except as provided in section 10(A) above, Tenant shall at all times and shall, at its own -------------------- expense cleansole cost, keep and maintain maintain, repair and replace, said Premises and appurtenances and every part hereof, including but not limited to, exterior walls, roof membrane, glazing, plumbing, electrical and HVAC systems, and all the Initial Improvements and Alterations in good and sanitary order, condition condition, and repair every part repair; normal wear and tear and damage by casualty excepted. Tenant shall provide Landlord with a copy of the Premises a service contract between Tenant and a licensed air-conditioning and heating contractor which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair contract shall provide for bi-monthly maintenance of all air conditioning and maintenance obligations shall include, all plumbing and sewage facilities within heating equipment at the Premises. Tenant shall pay the cost of all air-conditioning and heating equipment repairs or replacements which are either excluded from such service contract or any existing equipment warranties. All wall surfaces and floor tile are to be maintained in an as good a condition as when Tenant took possession free of holes, fixturesgouges, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premisesdefacements. Tenant agrees to limit attachments to vinyl demountable wall surfaces exclusively to V-joints. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance of the membrane of the roof, which responsibility shall be deemed properly discharged if (i) Tenant contracts with quarterly service a licensed roof contractor who is reasonably satisfactory to both Tenant and Landlord, at Tenant’s sole cost, to inspect the roof membrane at least every six (or such other periodic service as Landlord shall designate6) in accordance months, with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid for by Tenantfirst inspection due the sixth (6th) month after the Commencement Date, and which shall provide for (ii) Tenant performs, at Tenant’s sole cost, all preventive maintenance recommendations made by such contractor within a reasonable time after such recommendations are made. Such preventive maintenance might include acts such as clearing storm gutters and include replacement of filtersdrains, oiling and lubricating of machineryremoving debris from the roof membrane, parts replacementtrimming trees overhanging the roof membrane, adjustment of drive beltsapplying coating materials to seal roof penetrations, oil changes repairing blisters, and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systemsroutine measures. Tenant shall provide to Landlord with copies a copy of all HVAC such preventive maintenance reports on contract and paid invoices for the recommended work. Notwithstanding the provisions of this Section 10, in the event a quarterly basis, including copies replacement under Sec 10.B. or 10.E: (i) would be properly be capitalized under generally accepted accounting principles; and (ii) costs in excess of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor$7,500, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence only be required to pay that such repairs and/or replacements have been completed in accordance with portion of the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing equal to the contraryproduct of such total cost multiplied by a fraction, Landlord shall have the right at any time during numerator of which is the term number of this years remaining in the Lease to assume Term, the maintenance and repair denominator of which is the useful life (in years) of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.replacement.

Appears in 1 contract

Samples: Affymetrix Inc

Tenant’s Obligations. Tenant shall be responsible for any repair, maintenance and replacement of any electric meter, panel board and all wires and wiring within the Premises and all feeders and risers serving the Premises installed by or at the request of Tenant, or shall pay Landlord's reasonable charges therefor within thirty (30) days of receipt of written notice from Landlord. At no time shall Tenant's connected electrical load in the Premises exceed `the Building's electrical specifications six (6) wattx xxx square foot for HVAC, six (6) wattx xxx square foot for Tenant's internal equipment and two (2) wattx xxx square foot for lighting) without the prior written approval of the Landlord. Any additional riser or risers to supply Tenant's electrical requirements and all times other equipment proper and necessary in connection therewith, upon request of Tenant, will be installed by Landlord, at its own -------------------- expense cleanTenant's cost and expense, keep if, in Landlord's reasonable judgment, the same are necessary and maintain will not cause or create a hazardous condition or entail excessive or unreasonable alterations, repairs, or expense, or interfere with or disturb other tenants or operate to preclude other tenants from expanding their electrical capacity. Rigid conduits only will be allowed. In order to ensure that such electrical capacity is not exceeded and to avert possible adverse effects upon the Building's electrical system, Tenant shall not, without the prior written consent of Landlord, make or perform or permit any alteration to wiring installations or other electrical facilities in good orderor serving the Premises or any additions to the electrical fixtures, condition business machines, or office equipment or appliances (other than personal computers and repair every part of similar low energy consuming office machines) in the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair and maintenance obligations shall include, all plumbing and sewage facilities within the Premises, fixtures, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all utilize electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premisesenergy. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right upon reasonable notice to Tenant, at any time and from time to time during the term of this Lease Term, to assume the maintenance and repair cause an electrical survey to be made of the HVAC systems upon written notice Premises to ensure compliance with the foregoing. Landlord, at its option, before commencing any work to be paid for by Tenant andhereunder or at any time thereafter, if may require Tenant to furnish to Landlord elects such security, whether by surety bond, issued by a corporation reasonably satisfactory to Landlord, in form and amount and licensed to do sobusiness in the Commonwealth of Massachusetts or otherwise, as Landlord shall deem reasonably necessary to assure the cost of such maintenance and repair, including any service contracts maintained by Landlord payment for such purpose, shall be included in Operating Expenses and paid work by Tenant as provided in Paragraph 17.C.Tenant.

Appears in 1 contract

Samples: Lease (Onesource Information Services Inc)

Tenant’s Obligations. Except as otherwise expressly provided in Section 8.1, Tenant shall at all times and at its own -------------------- expense cleanassumes full responsibility for the condition, keep and maintain in good orderrepair, condition and repair every part of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair replacement and maintenance obligations shall include, all plumbing and sewage facilities within of the Premises, fixturesincluding, interior walls and ceilingwithout limitation, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within the exterior of the Premises, electrical motors the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells and elevators (collectively, the “Building Structure”), and all air conditioning, electricity, steam, water, heating, ventilating, mechanical, lighting, escalator and elevator systems, sanitary and storm drainage systems and all other appliances utilities and equipment of every kind and nature located in, upon or about mechanical systems (the Premises“Building Systems”). Tenant shall also be responsible for all pest control within repair, replace and maintain the PremisesPremises (including the Building Structure and Building Systems) in good working order and in a clean, safe and sanitary condition. Tenant shall obtain perform all such work and activities diligently and expeditiously to completion and in a manner consistent with comparable buildings located in the Stanford Research Park in Palo Alto. Without limiting the generality of the foregoing, Tenant shall implement and execute an on-going preventative maintenance program covering the heating, ventilating and air conditioning systems servicing the Premises, including the Main HVAC systems preventive maintenance contracts System Components that is consistent with quarterly service best industry practices. All repairs and replacements by Tenant for which Tenant is responsible are collectively referred to as the “Tenant Obligations” and shall be made and performed: (a) at Tenant’s cost and expense, (b) by licensed and reputable contractors or such other periodic service as Landlord mechanics approved by Landlord, (c) so that same shall designatebe at least equal in quality, value and utility to the original work or installation, (d) in a manner and using equipment and materials that will not interfere with or impair the operation of or damage the Building Systems, and (e) in accordance with manufacturer recommendationsArticle 9 (if applicable), which and all Applicable Laws. Tenant shall reimburse Landlord within ten (10) days after written demand as Additional Rent for any out-of-pocket expenses incurred by Landlord in connection with any repairs or replacements required to be subject to the reasonable approval of Landlord and paid for made by Tenant, and which shall provide for and include replacement of filtersincluding, oiling and lubricating of machinerywithout limitation, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected reasonable fees charged by Landlord's contractor on a semi-annual basis ’s contractors to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses review plans and paid for specifications prepared by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.Tenant.

Appears in 1 contract

Samples: Commercial Lease (Tesla Motors Inc)

Tenant’s Obligations. Tenant shall at sha1l maintain the Premises -------------------- (including without limitation all times signs, metal work, doors, door jambs, door hardware, door closers, non-bearing interior walls, partitions, floors, ceilings, appliances, fixtures and at its own -------------------- expense all exposed plumbing, electrical and EVAC systems located within the Premises) in good, clean, keep safe and maintain sanitary order and condition and, at Tenant's sole cost and expense, shall make all repairs and replacements as and when Landlord deems necessary to preserve the Premises in good ordera good, condition clean, safe and repair every part sanitary order and condition. Tenant sha11 be responsible for such structural repairs or structural replacements to the Premises as are necessitated or occasioned by, and be responsible for any and all damage to the Building caused by, the acts, omissions or negligence of Tenant or any person claiming through or under Tenant, or any of their servants, employees, contractors, agents, visitors or licensees, or by the use or occupancy or manner of use or occupancy of the Premises which is not within by Tenant or any such person; the repair of any such damage sha1l be made by Landlord's obligation pursuant to Paragraph 17.A. , at such times as Landlord deems necessary (whether after normal business hours, during weekends or otherwise), at Tenant's repair cost and maintenance obligations shall includeexpense; and Tenant sha1l reimburse to Landlord all such costs and expenses, all plumbing together with a management and sewage facilities administration fee of ten percent (10%) of the amount thereof, within ten (10) days after submission by Landlord to Tenant of a statement of the Premisesamount thereof; provided, fixtureshowever, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premises. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. that Tenant shall have the benefit of all warranties available right, subject to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements Landlord's reasonable approval and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance subject to compliance with the contractorprovisions of Section 10.3, to repair ------------ such damage at Tenant's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost and expense (excluding payment of any administrative fee to Landlord) at such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant times as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.deems necessary.

Appears in 1 contract

Samples: Netsource Communications Inc

Tenant’s Obligations. Tenant shall at all times and Except as provided in Section 7.2, Tenant, at its own -------------------- expense cleansole cost, shall keep and maintain the Premises in good order, condition and repair every during the Lease Term, including without limitation: all nonstructural, interior and exterior areas; landscaped areas not part of the Common Facilities; all heating, ventilation and air conditioning systems and equipment; all glass, glazing, windows, window moldings, partitions, doors and door hardware; all interior painting; all fixtures and appurtenances in the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair or exclusively serving the Premises including electrical, lighting and maintenance obligations shall include, plumbing fixtures; and all plumbing and sewage facilities within other portions of the Premises seen or unseen. If any portion or element of the Premises, fixturesor the other systems or equipment for which Tenant is responsible hereunder cannot be fully repaired, interior walls Tenant shall promptly replace the same at its sole cost and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities expense regardless of whether the benefit of such replacement extends beyond the Lease Term. It is the intention of Landlord and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within Tenant that Tenant shall maintain the Premises, electrical motors at all times during the Lease Term, in an attractive, first-class and all other appliances and equipment of every kind and nature located infully operative condition, upon or about the Premises. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid for by at Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements's expense. If any repairs and/or replacements are recommended by heating and air conditioning system or equipment exclusively serves the contractorPremises, Tenant shall perform additionally obtain and keep in force a preventive maintenance contract providing for the regular (at least quarterly) inspection and maintenance of the heating and air conditioning system (including leaks around ducts, pipes, vents, and other parts of the air conditioning) by a reputable licensed heating and air conditioning contractor acceptable to Landlord. Prior to April 1 of each calendar year, Tenant shall deliver Landlord written confirmation from such repairs and/or replacements and shall provide Landlord with evidence contractor verifying that such repairs and/or replacements have a contract has been completed in accordance with entered into and that the contractor's recommendationsrequired service will be provided. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contraryforegoing, Landlord shall have the right at any time during right, upon written notice to Tenant, to undertake the term of this Lease to assume the responsibility for preventive maintenance and repair of the HVAC systems upon written notice to Tenant andheating and air conditioning system, if Landlord elects to do so, the at Tenant's sole cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.expense.

Appears in 1 contract

Samples: Jmar Technologies Inc

Tenant’s Obligations. Tenant shall agrees at all times from and after the Commencement Date, at its own -------------------- expense cleancost and expense, keep and to repair, maintain in good order, and tenantable condition and repair replace, as necessary, the Premises and every part thereof (except portions of the Premises which is not within Landlord's obligation specifically required to be maintained by Landlord pursuant to Paragraph 17.A. Tenant's repair this Lease), including without limitation all equipment and maintenance obligations shall include, all plumbing and sewage facilities within Utility Installations exclusively serving the Premises, fixtures, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and ; any exhaust equipment and systems, any automatic fire extinguisher equipment within Air Conditioning System or portion thereof exclusively serving the Premises; exterior and interior glass; signs; locks and closing devices, electrical motors window sashes, casements and frames; doors and door frames; floor coverings; any grease traps, grease lines, and/or piping; the storefront; and all other appliances and equipment items of every kind and nature located inrepair, upon maintenance, alteration, improvement or about reconstruction as may be required by any Legal Requirement or the Premisesinsurance underwriter(s) for the Shopping Center. In no event shall Tenant be required to make repairs necessitated by the negligence or willful acts of Landlord or anyone claiming under Landlord, because of the failure of Landlord to perform or observe any term or condition of this Lease, or because of Improvements made by Landlord except to the extent otherwise covered by the insurance Tenant is required to carry under this Lease. All replacements made by Tenant shall also be responsible for all pest control within of like size, kind, and quality to the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service items replaced as Landlord shall designate) in accordance with manufacturer recommendations, which they existed when originally installed and shall be subject to the reasonable approval of Landlord and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basisLandlord's prior approval. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment any warranty(ies) in such HVAC systems. Tenant shall provide Landlord connection with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have Work to the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of extent any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair warranty covers portions of the HVAC systems upon written notice Premises Tenant is obligated to Tenant and, if Landlord elects to do so, the cost of such maintenance repair and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.maintain hereunder.

Appears in 1 contract

Samples: Center Lease (Play Co Toys & Entertainment Corp)

Tenant’s Obligations. Tenant shall at all times maintain, repair and replace, at its own -------------------- expense cleansole cost and expense, keep and maintain in good order, condition and repair every part all portions of the Premises which is are not within Landlord's ’s obligations under Paragraph 7(a), including, without limitation, (i) the windows, and window frames; (ii) the building systems serving the Premises for electrical, mechanical, HVAC (other than those costs specifically made the obligation pursuant to Paragraph 17.A. Tenant's repair of Landlord in paragraph 7(a)(iii) above) and maintenance obligations shall include, all plumbing and sewage facilities within all controls appurtenant thereto, and any elevators in the Premises, fixtures, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipmentBuilding (collectively, including lighting fixtureselevators, lamps“Building Systems”); and (iii) the interior portion of the Building, fans the Alterations, and any exhaust equipment and systemsadditional tenant improvements, any automatic fire extinguisher equipment within the Premises, electrical motors and all other appliances and equipment alterations or additions installed by or on behalf of every kind and nature located in, upon or about the Premises. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive be responsible for the expense of installation, operation, and maintenance contracts with quarterly service (or such of its telephone and other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject communications cabling from the point of entry into the Building to the reasonable approval of Landlord Premises and paid for by Tenantthroughout the Premises, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, though Landlord shall have the right to perform such work on behalf of Tenant in Common Areas, provided Landlord performs such work in coordination with Tenant and its contractors in such a manner as will accommodate Tenant’s reasonable objectives with respect thereto. The Premises shall at all times be maintained by Tenant in the condition of a first-class office building. Tenant’s obligations under this Paragraph 7 include, without limitation, the replacement, at Tenant’s sole cost and expense, of any time during portions of the term Premises or Building Systems which are not Landlord’s express responsibility under Paragraph 7(a), if it would be commercially prudent to replace, rather than repair, such portions of the Premises, regardless of whether such replacement would be considered a capital expenditure. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. In addition, Tenant hereby waives and releases its right to terminate this Lease to assume the maintenance and repair under Section 1932(1) of the HVAC systems upon written notice to Tenant andCalifornia Civil Code or under any similar law, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included statute or ordinance now or hereafter in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.effect.

Appears in 1 contract

Samples: Lease Agreement (Aruba Networks, Inc.)

Tenant’s Obligations. Tenant shall shall, at all times Tenant's sole cost and at its own -------------------- expense cleanexpense, (a) maintain and keep and maintain in good orderrepair, condition good working order and free of litter and refuse (excluding litter and refuse contained in wastebaskets or disposed of in an area designated by Landlord) the interior of the Leased Premises and, except for Landlord's obligations under Section 7.2 of this Lease, make any and all repairs and replacements thereto as and when required, ordinary or extraordinary, foreseeable or unforeseeable, including, but not limited to, the maintenance, repair every and replacement of any and all furnishings, fixtures and leasehold improvements within the Leased Premises, exterior entrances, windows and plate glass (provided that Landlord shall contribute any insurance proceeds it receives for any damage to the plate glass to the extent the insurance premiums paid by Landlord respecting the plate glass are included in Operating Costs) within or part of the wall delimiting the Leased Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair and maintenance obligations shall includeany electrical wiring, all plumbing and sewage facilities within the Premises, fixtures, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lampsheating or plumbing fixtures, fans pipes, air conditioning or heating components contained within and exclusively serving the Leased Premises; and (b) keep unclogged and in good repair all drains, traps and sewer pipes exclusively serving the Leased Premises and maintain and leave the same in good working order. At Landlord's option, ordinary maintenance of any exhaust equipment and systems, any automatic fire extinguisher equipment within of the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premises. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which described above shall be subject to the reasonable approval of undertaken by Landlord and paid for in which event, promptly upon demand by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractorLandlord, Tenant shall perform reimburse Landlord (such repairs and/or replacements reimbursement to constitute Additional Rent hereunder) for all costs and shall provide expenses incurred by Landlord in connection with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.undertaken.

Appears in 1 contract

Samples: Office Lease (Andover Net Inc)

Tenant’s Obligations. Tenant shall at all times and Except as provided in Section 7.2, Tenant, at its own -------------------- expense cleansole cost, shall keep and maintain the Premises in good order, condition and repair every part during the Lease Term, including without limitation: all nonstructural, interior and exterior areas; all heating, ventilation and air conditioning systems and equipment within the Premises or exclusively serving the Premises; all glass, glazing, windows, window moldings, partitions, doors and door hardware; all interior painting; all fixtures and appurtenances in the Premises or exclusively serving the Premises including electrical, lighting and plumbing fixtures; and all other portions of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair and maintenance obligations shall include, all plumbing and sewage facilities within seen or unseen. If any portion or element of the Premises, fixturesor the other systems or equipment for which Tenant is responsible hereunder cannot be fully repaired, interior walls Tenant shall promptly replace the same at its sole cost and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities expense regardless of whether the benefit of such replacement extends beyond the Lease Term. It is the intention of Landlord and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within Tenant that Tenant shall maintain the Premises, electrical motors at all times during the Lease Term, in an attractive, first-class and all other appliances and equipment of every kind and nature located infully operative condition, upon or about the Premises. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid for by at Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements's expense. If any repairs and/or replacements are recommended by heating and air conditioning system or equipment exclusively serves the contractorPremises, Tenant shall perform additionally obtain and keep in force a preventive maintenance contract providing for the regular (at least quarterly) inspection and maintenance of the heating and air conditioning system (including leaks around ducts, pipes, vents, and other parts of the air conditioning) by a reputable licensed heating and air conditioning contractor acceptable to Landlord. Prior to April 1 of each calendar year, Tenant shall deliver Landlord written confirmation from such repairs and/or replacements and shall provide Landlord with evidence contractor verifying that such repairs and/or replacements have a contract has been completed in accordance with entered into and that the contractor's recommendationsrequired service will be provided. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contraryforegoing, Landlord shall have the right at any time during right, upon written notice to Tenant, to undertake the term of this Lease to assume the responsibility for preventive maintenance and repair of the HVAC systems upon written notice to heating and air conditioning system, at Tenant's sole cost and expense should Tenant and, if Landlord elects fail to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C..

Appears in 1 contract

Samples: Genetronics Biomedical Corp

Tenant’s Obligations. Tenant, at Tenant’s sole expense, will maintain, repair and replace the interior, non- structural portions of the Premises and all Building systems that exclusively serve the Premises or were installed by or on behalf of Tenant shall at all times and at its own -------------------- expense clean, keep and maintain in good order, condition condition, and repair every part of repair, including without limitation, the following: (a) all heating, ventilation, and air-conditioning (“HVAC”), plumbing, electrical, lighting and sewerage systems and equipment that exclusively serve the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. or were installed by or on behalf of Tenant's repair and maintenance obligations shall include, including without limitation any supplemental HVAC unit installed by or for Tenant; (b) all plumbing and sewage facilities within the PremisesAlterations, fixtures, interior walls and ceilingwalls, floors, carpets, draperies, window coverings, and ceilings; (c) all interior windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans plate glass; and (d) any exhaust equipment and systems, any automatic fire detection or extinguisher equipment within that Landlord does not maintain. Tenant’s obligations will include all necessary repairs and replacements, ordinary as well as extraordinary, foreseen as well as unforeseen. All such repairs and replacements will be of first class quality and sufficient for the Premises, electrical motors proper maintenance and all other appliances and equipment operation of every kind and nature located in, upon or about the Premises. Tenant shall also be responsible for all pest control within will keep and maintain the PremisesPremises safe, secure and clean, specifically including, but not by way of limitation, removal of waste and refuse matter. Tenant shall obtain HVAC systems preventive will not permit anything to be done upon the Premises (and will perform all maintenance contracts with quarterly service (and repairs thereto so as not) to invalidate, in whole or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendationspart any warranties, which shall be subject to or prevent the reasonable approval procurement of Landlord and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence insurance policies that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's electionany time, have be required under the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required hereinprovisions of this Lease. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have reserves the right at to contract for any time during the term of this Lease maintenance, repair or replacement that Tenant is obligated to assume the maintenance perform and repair of the HVAC systems upon written notice to either bill Tenant and, if Landlord elects to do so, directly for the cost of such maintenance and repairmaintenance, including any service contracts maintained by Landlord for repair or replacement, in which event Tenant will pay such purposecost within thirty (30) days of receipt of written demand, shall be included or include the cost of such maintenance, repair or replacement in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.Costs.

Appears in 1 contract

Samples: Service Gross Lease (YanGuFang International Group Co., LTD)

Tenant’s Obligations. Tenant Tenant, at Tenant’s sole expense, shall at maintain, repair and replace all times and at its own -------------------- expense clean, keep and maintain portions of the Premises in good order, condition condition, and repair every part of repair, including without limitation, the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair following: (a) all HVAC, plumbing, electrical, sewerage and maintenance obligations shall include, mechanical systems serving the Buildings; (b) all plumbing and sewage facilities within the Premises, fixtures, interior walls and ceilingwalls, floors, carpets, draperies, window coverings, and ceilings; (c) all windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans plate glass; and (d) any exhaust equipment and systems, any automatic fire detection or extinguisher equipment within that Landlord does not maintain. Tenant shall also maintain the Premiseslighting in the Premises (including replacement of bulbs and batteries). Tenant shall conduct quarterly tests on emergency lighting and provide Landlord a copy of each such test. Bulbs, electrical motors ballasts and light fixtures shall be replaced whenever they fail. All bulbs, batteries, ballasts and fixtures of the lighting systems must be in working order upon lease termination. Tenant’s obligations shall include all other appliances necessary repairs and equipment replacements, ordinary a s well as extraordinary, foreseen as well as unforeseen. All such repairs and replacements shall be of every kind first class quality and nature located in, upon or about sufficient for the proper maintenance and operation of the Premises. Tenant shall also be responsible for all pest control within keep and maintain the PremisesPremises safe, secure and clean, specifically including, but not by way of limitation, removal of waste and refuse matter. Tenant shall obtain HVAC systems preventive not permit anything to be done upon the Premises (and shall perform all maintenance contracts with quarterly service (and repairs thereto so as not) to invalidate, in whole or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendationspart any warranties, which shall or prevent the procurement of any insurance policies that may, at any time, be subject to required under the reasonable approval provisions of Landlord and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basisthis Lease. Tenant shall have not obstruct or permit the benefit obstruction of all warranties available to Landlord regarding any parking area, adjoining street or sidewalk. Notwithstanding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractorforegoing, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with not be obligated to improve the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair condition of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, Premises on the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.Commencement Date.

Appears in 1 contract

Samples: Lease (Nautilus, Inc.)

Tenant’s Obligations. Except as otherwise specifically provided herein Tenant shall shall, at all times and at its own -------------------- expense cleanTenant's expense, keep and maintain in good orderand safe condition, condition order and repair the Premises and every part thereof, including without limitation, (a) all plumbing, fire sprinkler and sewage systems, and all ducts, pipes, vents or other parts of the heating, ventilation and air conditioning system (the "HVAC") which service only the Premises which is not within Landlord's obligation pursuant (as opposed to Paragraph 17.A. Tenant's repair servicing an area larger than the Premises), (b) all electrical and maintenance obligations shall includelighting facilities, all plumbing systems, appliances, and sewage facilities equipment within the PremisesPremises including all wiring therein, (c) all fixtures, interior walls and ceilingwalls, interior surfaces of exterior walls, floors, and ceilings, and (d) all windows, doors, entrances, plateglassall glass (including plate glass), showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment skylights located within the Premises, electrical motors and the roof membrane. Tenant's responsibility for maintenance and repair shall include all other appliances such facilities or systems that are located on or within the walls and equipment floor of every kind and nature located in, upon or about the Premises. Tenant shall also be responsible for maintain, repair and replace when necessary all pest control within HVAC equipment which services only the Premises. Tenant , and shall obtain maintain in full force at all times during the term of this Lease an HVAC systems preventive maintenance contracts contract with quarterly a qualified service (or company reasonably satisfactory to Landlord covering all such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid for by Tenant, and which HVAC systems. Said contract shall provide for periodic servicing no less than every ninety (90) days and shall include without limitation replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes changes, weather proofing of all exposed HVAC equipment and ducts, parts replacement and other preventive maintenancemaintenance provided, including annual maintenance of duct workhowever, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. that Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in said systems. Notwithstanding the foregoing Landlord may, by written notice to Tenant, elect at any time to assume responsibility for performing maintenance, repair and replacement of all HVAC equipment servicing only the Premises. All costs incurred by Landlord in performing such HVAC systemsmaintenance, repair and replacement shall be paid by Tenant on a periodic basis within ten (10) days after receipt of a written invoice therefor from Landlord. If the Premises consists of the entire Building, and the Building is the only building on the property, then Tenant at its expense shall also (a) maintain and replace the landscaping on the Property and repair when necessary the parking areas on the Property, and wash as and when needed to keep in a clean and sightly condition all windows and plate glass of the Premises (both interior and exterior surfaces). Tenant shall provide furnish Landlord with copies a copy of all the HVAC maintenance reports on a quarterly basisservice contract required by this paragraph, including copies which shall provide that it may not be canceled or changed without at least thirty (30) days prior written notice to Landlord. All repairs required to be made by Tenant shall be made promptly with new materials of contractor recommendations for repairs and/or replacementslike kind and quality. If the repair work affects the structural parts of the Building, or if the estimated cost of any repairs and/or replacements are recommended by item of repair exceeds $10,000, then Tenant shall first obtain Landlord's written approval of the scope of work, plans therefor, materials to be used and the contractor, . Tenant shall perform such hereby waives the benefit of any statute now or hereinafter in effect which would otherwise afford Tenant the right to make repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by expense or to terminate this Lease because of Landlord's contractor on a semi-annual basis failure to confirm whether keep the Premises in good condition, order and repair. Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses specifically waives all rights it may have under Sections 1932(1), 1941, and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair 1942 of the HVAC systems upon written notice to Tenant andCalifornia Civil Code, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.similar or successor statute or law.

Appears in 1 contract

Samples: Adept Technology Inc

Tenant’s Obligations. Tenant shall at all times and shall, at its own -------------------- expense cleansole cost, keep repair and maintain in good orderthe Premises (including the walls, condition ceilings and repair every part floor therein), all to a standard consistent with a Class "A" office building, with the exception only of those repairs which are the obligation of Landlord pursuant to this Lease. Without limiting the generality of the Premises which foregoing, Tenant is not specifically required to maintain and make repairs to (i) the portion of any pipes, lines, ducts, wires, or conduits contained within Landlord's obligation pursuant to Paragraph 17.A. the Premises; (ii) windows, plate glass, doors, and any fixtures or appurtenances composed of glass (excluding exterior washing of windows and plate glass); (iii) Tenant's sign; and (iv) any specialized electrical, plumbing, mechanical, fire protection, life safety and HVAC systems serving the Premises requested by Tenant exclusively for its use. All repair and maintenance obligations performed by Tenant in the Premises or elsewhere in or upon the Building shall include, all plumbing and sewage facilities within the Premises, fixtures, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon be performed by contractors or about the Premisesworkmen designated or approved by Landlord. Tenant shall also be responsible for all pest control within repairs, the need for which arises out of: (a) the performance or existence of Tenant’s Work or alterations; (b) the installation, use or operation of Tenant’s property in the Premises; (c) the moving of Tenant’s property in or out of the Building; (d) the act, omission, misuse or neglect of Tenant or any of its officers, employees, agents, contractors or invitees. Tenant shall obtain HVAC systems preventive All such repairs and maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to performed at such times and in such a manner as shall cause the reasonable approval least interference with the operation of the Building and the use of the Building by other occupants. By taking possession of the Premises, Tenant agrees that the Premises are in good condition and repair. Tenant, its agents, employees, or contractors shall not enter onto the roof of the Building without the express prior consent of Landlord and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendationsor its Building Manager. Landlord may, at specifically reserves the right to require Landlord's election, have the HVAC systems inspected by Landlord's ’s roofing contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as perform any work required herein. The cost of any such semi-annual inspections shall to be included in Building Maintenance Expenses and paid for performed by Tenant as provided in Paragraph 17.C. Notwithstanding with respect to any equipment on the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair roof of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.Building

Appears in 1 contract

Samples: Lease Agreement (China Direct, Inc.)

Tenant’s Obligations. Tenant shall agrees at all times times, from and after delivery of possession of the Premises to Tenant, to notify Landlord immediately of any and all damage or defects of the Premises or Land subject to this Lease. Tenant, at its own -------------------- expense cleansole cost and expense, keep will repair and maintain in good order, and tenantable condition the Premises and repair every part thereof, excluding the exterior walls and structural parts of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair and maintenance obligations shall include, all plumbing and sewage facilities within the Premises, fixtureselectrical, interior walls plumbing, septic, heating, ventilation and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities air conditioning equipment and equipmentstructural floor (floor covering, including lighting fixturescarpeting, lampsterrazzo tile or other flooring to be maintained by Tenant) unless caused by Tenant's negligence (in which event Landlord shall make or cause to be made such repairs but Tenant shall promptly upon demand reimburse Landlord for the cost and expense of all such repairs, fans and including without limitation all Tenant's signs, locks and closing devices, and all window sash, casement or frames, doors and door frames, and all such items of repair, maintenance and improvement or reconstruction as may at any exhaust equipment time or from time to time be required to comply with all environmental, remedial and systemsother laws, ordinances, rules, directions, regulations, requirements, guidelines and orders of governmental and public bodies and agencies now or hereafter in effect from time to time which shall impose any automatic fire extinguisher equipment within duty upon Landlord or Tenant with respect to the use, occupation or alteration of the Premises, electrical motors including but not limited to the Americans with Disabilities Act. As used in this Section 9(b), the term "exterior walls" shall not be deemed to include the store front or store fronts, plate glass, window cases, window frames, doors or door frames. All glass, both interior and all other appliances exterior, is at the sole risk of Tenant, and equipment any glass broken shall be promptly replaced by Tenant with glass of every kind the same kind, size and nature located inquality; provided, upon or about the Premises. however, that Tenant shall also not be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject glass broken due to the reasonable approval of Landlord and paid for vandalism by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.third parties.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Obligations. Commencing on the date of Substantial -------------------- Completion of Landlord's Work, Tenant shall shall, at all times and at its own -------------------- expense cleanTenant's expense, keep and maintain in good ordercondition, condition order and repair every part all of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair and maintenance obligations shall include, all plumbing and sewage facilities within the Premises, fixturesfollowing: (i) interior walls, interior walls and ceilingsurfaces of exterior walls, floors, ceilings, windows, doors, entrances, plateglass, showcases, skylights, and all electrical facilities and equipment, glass (including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment plate glass) located within the Premises; (ii) all plumbing, electrical motors heating, air conditioning, ventilating, fire sprinklers, electrical, gas, sanitary sewer, lighting, and other Building facilities and systems (including underground conduits to the extent exclusively serving the Building and portions thereof within the walls or foundation of the Building or on the roof of the Building); and (iv) all other appliances portions of the Premises other than the foundation of the Building, the roof structure of the Building, the roof membrane (subject to Tenant's obligation to obtain maintenance contracts respecting the same pursuant to this paragraph), the exterior walls of the Building, and other structural components of the Building. Tenant shall also maintain at its sole expense in good condition, order and repair its personal property and equipment located within the Premises. Notwithstanding anything to the contrary contained in this Lease, Tenant shall repair at its sole expense any damage caused to the Premises by Tenant or its agents, contractors, or invitees; provided that, subject to the requirements of every kind the loan documents executed by Landlord and nature located inbenefitting any lender having a lien against all or any portion of the Premises, upon or about Landlord shall make available to Tenant any insurance proceeds collected by Landlord (net of Landlord's costs of collecting the same) arising from any policy of property insurance carried by Landlord respecting such damage to the Premises. Tenant shall also at its sole expense hire contractors who shall perform (i) periodic (no less frequently than once every six months) performance of routine inspection and preventative maintenance of the following components of the Building: the roof membrane; life safety system; elevators; and heating, ventilation, and air conditioning system; and (ii) periodic (no less frequently than once every year) washing of all windows of the Premises (both interior and exterior surfaces). Such contractors shall be responsible for selected from a list of contractors reasonably acceptable to Landlord based on their experience, reputation, and quality of performance, all pest control within the Premisesof whom shall carry appropriate liability insurance naming Landlord and Tenant as additional insureds. The contract between Tenant and such contractor(s) shall be in a form and substance reasonably acceptable to Landlord. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly arrange and pay for such janitorial service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid for by TenantPremises as Tenant desires, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. any security personnel for the Premises as Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.desires.

Appears in 1 contract

Samples: Lease (Rambus Inc)

Tenant’s Obligations. Except as provided in Section 12 above, Tenant shall at all times and shall, at its own -------------------- expense cleansole cost, keep keep, maintain, repair and maintain in good order, condition replace said Premises and repair appurtenances and every part of hereof, including but not limited to, exterior walls, roof, glazing, elevator, and the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair plumbing, electrical and maintenance obligations shall include, all plumbing and sewage facilities within HVAC systems serving the Premises, fixturesand all the Tenant Interior Improvements in good and sanitary order, interior walls condition, and ceilingrepair (but excluding the structural roof, floors, windows, doors, entrances, plateglass, showcases, skylightsthe building foundation and load bearing walls, all electrical facilities of which Landlord shall repair and equipment, including lighting fixtures, lamps, fans maintain); normal wear and any exhaust tear and damage by casualty excepted. Tenant shall provide Landlord with a copy of a service contract between Tenant and (i) a licensed air-conditioning and heating contractor which contract shall provide for bi-monthly maintenance of all air conditioning and heating equipment and systems, any automatic fire extinguisher equipment within at the Premises; and (ii) a licensed elevator maintenance contractor which contract shall provide for monthly maintenance of all elevator related systems. Tenant shall pay the cost of all air-conditioning, electrical motors heating and all other appliances elevator equipment repairs or replacements which are either excluded from such service contract or any existing equipment warranties. All wall surfaces and equipment floor tile are to be maintained in an as good a condition as when Tenant took possession free of every kind and nature located inholes, upon gouges, or about the Premisesdefacements. Tenant agrees to limit attachments to vinyl demountable wall surfaces exclusively to V-joints. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance of the membrane of the roof, which responsibility shall be deemed properly discharged if (i) Tenant contracts with quarterly service a licensed roof contractor who is reasonably satisfactory to both Tenant and Landlord, at Tenant’s sole cost, to inspect the roof membrane at least every six (or such other periodic service as Landlord shall designate6) in accordance months, with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid for by Tenantfirst inspection due the sixth (6th) month after the Commencement Date, and which shall provide for (ii) Tenant performs, at Tenant’s sole cost, all preventive maintenance recommendations made by such contractor within a reasonable time after such recommendations are made. Such preventive maintenance might include acts such as clearing storm gutters and include replacement of filtersdrains, oiling and lubricating of machineryremoving debris from the roof membrane, parts replacementtrimming trees overhanging the roof membrane, adjustment of drive beltsapplying coating materials to seal roof penetrations, oil changes repairing blisters, and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systemsroutine measures. Tenant shall provide to Landlord with copies a copy of all HVAC such preventive maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses contract and paid invoices for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.recommended work.

Appears in 1 contract

Samples: Lease Between (Xenoport Inc)

Tenant’s Obligations. Tenant shall at all times and shall, at its own -------------------- expense cleansole cost and expense, perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep and maintain the Premises in good order, condition and repair every part of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. repair, reasonable wear and tear excepted. Tenant's ’s repair and maintenance obligations shall include, all plumbing without limitation, repairs to: (a) floor coverings; (b) window coverings (if any, and sewage facilities without limitation of the prohibition in the Building Rules and Regulations of Tenant’s installing any window coverings without Landlord’s prior written consent); (c) interior partitions; (d) interior doors; (e) the interior side of demising walls; (f) Cable; (g) kitchens located within the Premises, fixturesincluding, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systemsbut not limited to, any automatic fire extinguisher equipment within the Premisesappliances therein, electrical motors and all other appliances (h) Alterations, fixtures and equipment installed by Tenant. Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of every kind and nature located in, upon maintenance or about repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant may request that Landlord provide particular repair or maintenance services to the Premises. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or Landlord may provide such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject requested services to the reasonable approval of Landlord and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election’s option, have the HVAC systems inspected by provided that Tenant shall pay Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The ’s out of pocket cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing repairs or maintenance, plus a service charge equal to the contrary, Landlord shall have the right at any time during the term fifteen percent (15%) of this Lease to assume the maintenance and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repairrepairs (the “Service Charge”). Subject to Section 12.4, including any service contracts maintained by to the extent applicable, Tenant shall reimburse Landlord for such purposethe cost of repairing damage to the Building or Premises caused by the wrongful acts, shall be included in Operating Expenses and paid by negligence or willful misconduct of Tenant as provided in Paragraph 17.C.or the Tenant Parties.

Appears in 1 contract

Samples: Work Letter Agreement (Zoosk, Inc)

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Tenant’s Obligations. Except for Landlord's obligations stated in Section 4.2 above, Tenant shall shall, at all times during the term hereof at Tenant's sole cost and at its own -------------------- expense cleanexpense, keep and maintain the Premises in good order, condition and repair every part of the Premises repair, which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair and maintenance obligations shall include, without limitation, the obligation to maintain, repair and replace as necessary: (i) floor coverings; (ii) wall coverings; (iii) paint on the interior of the Buildings; (iv) casework; (v) ceiling tiles; (vi) supplemental heating, ventilating and air conditioning systems serving the Premises and installed by or at the request of Tenant ("Supplemental HVAC Systems"); (vii) window coverings; (viii) lights and ballasts; (ix) locks and hardware; (x) all plumbing of Tenant's Property (as defined in Section 14.2 herein); (xi) any and sewage facilities within all Tenant Improvements (as defined in Exhibit D); (xii) interior window glass and door glass in the Buildings (including any replacement thereof and periodic washing of the interior surfaces); (xiii) public lobbies, stairs, corridors and rest rooms; (xiv) all required janitorial and trash removal services to the Premises; and (xv) all security systems, fixturescard key systems, interior walls and ceilingother similar systems serving the Project. During the Lease Term, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities Tenant agrees to employ a contractor or qualified internal employee reasonably approved by Landlord to perform Tenant's obligations for maintenance of the Supplemental HVAC System on the Premises. Such maintenance shall include at least quarterly inspections and equipment, including lighting fixtures, lamps, fans and any exhaust equipment cleaning of said units and systems, any automatic fire extinguisher equipment within the Premises, electrical motors together with such adjustments and all other appliances and equipment of every kind and nature located in, upon or about the Premisesservicings as each inspection discloses to be required. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractorIn addition, Tenant shall perform such repairs and/or replacements all repair, testing and servicing as shall be necessary or reasonably required by Landlord or Landlord's insurance underwriter. Upon Landlord's request, Tenant shall provide to Landlord with evidence that such repairs and/or replacements have been completed in accordance with complete, accurate and legible copies of all periodic maintenance contracts required hereunder and of the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost results of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contraryperiodic inspections, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance testing and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C..

Appears in 1 contract

Samples: Lease (Western Digital Corp)

Tenant’s Obligations. The Tenant shall at all times and at its own -------------------- expense clean, keep and maintain the Premises in good order, condition and repair, including periodic painting of the interior of the Premises. The Tenant’s duty to maintain and repair every part includes, but is not limited to: (i) maintaining, repairing and/or replacement, if required, of all portions of the Premises which is and/or the mechanical equipment or facilities that exclusively service the Premises not within Landlord's obligation pursuant to Paragraph 17.A. be maintained or repaired by the Owner as provided in Section 8.01 above; provided, however that during the first (1”) year of the Initial Term of this Lease, the Owner shall be responsible for any repairs or replacements of the heating, ventilation, and air conditioning (“HVAC”)-equipment serving the Premises except for any repair or replacement necessitated by the negligence or intentional act of the Tenant's repair ; (ii) maintaining the exterior and maintenance obligations shall includeinterior of the store front, entrances, doors and windows; (iii) the interior walls including demising walls; (iv) all plumbing and sewage facilities within the Premisesutility meters, fixtures, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans heating and any exhaust air conditioning equipment and systems, any automatic fire extinguisher equipment within the Premises; (v) lighting, electrical motors and plumbing facilities and fixtures; (vi) floor covering, ceilings and all other appliances interior portions of the Premises; and equipment (vii) the Tenant’s signs and displays on the exterior of every kind and nature located in, upon or about the Premises. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject Prior to the reasonable approval Commencement Date of Landlord this Lease, the Owner at the Owner’s sole cost and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant expense shall have an independent third party conduct an examination and issue a written report to ascertain that the benefit of all warranties available to Landlord regarding HVAC equipment serving the equipment Premises is functioning properly, is in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements good working order and shall provide Landlord with evidence that such repairs and/or replacements have been completed is designed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein“Plans” defined in Exhibit D of this Lease. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses Owner represents and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing warrants to the contrary, Landlord shall have Tenant that at the right at any time during the term Commencement Date of this Lease all plumbing and electrical equipment and facilities that serve the Premises shall be in good working order and condition. Owner shall contract with a qualified heating and air conditioning service contractor to assume the perform all routine maintenance and repair of to the HVAC systems upon written notice equipment serving the Premises, including the changing of filters as recommended by the manufacturer, and shall deliver a copy of such service to Tenant. Tenant and, if Landlord elects to do so, shall reimburse Owner for the cost of such maintenance service to Tenant’s heating, ventilation and repair, including any service contracts maintained by Landlord air conditioning system within twenty (20) days of Tenant’s receipt of Owner’s xxxx for such purpose, service. Any replacements made by the Tenant hereunder shall be included in Operating Expenses of like or better quality than existed at the Commencement Date of the Initial Term of this Lease. The Tenant shall take good care of the Premises and paid shall reimburse the Owner for any repairs thereto or to the Building or Common Areas which are necessitated by Tenant as provided in Paragraph 17.C.the misuse or negligence of the Tenant, or the Tenant’s employees, agents, contractors, licensees or invitees.

Appears in 1 contract

Samples: 651 Stratford Lease (MWI Veterinary Supply, Inc.)

Tenant’s Obligations. Tenant shall at all times and Except as provided in Section 7.2, Tenant, at its own -------------------- expense cleansole cost, shall keep and maintain the Premises in good order, condition and repair every part during the Lease Term, including without limitation: all nonstructural, interior areas; all heating, ventilation and air conditioning systems and equipment serving the Premises only; all glass, glazing, windows, window moldings, partitions, doors and door hardware which are in the interior of the Premises; all interior painting; all fixtures and appurtenances in the Premises or exclusively serving the Premises including electrical, lighting and plumbing fixtures; and all other portions of the interior of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair (collectively, “Maintenance and maintenance obligations shall include, all plumbing and sewage facilities within Repairs”). If any portion or element of the Premises, fixturesor the other systems or equipment for which Tenant is responsible hereunder cannot be fully repaired, interior walls Tenant shall promptly replace the same at its sole cost and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities expense regardless of whether the benefit of such replacement extends beyond the Lease Term. It is the intention of Landlord and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within Tenant that Tenant shall maintain the Premises, electrical motors at all times during the Lease Term, in an attractive, good and all other appliances and equipment of every kind and nature located infully operative condition, upon or about the Premises. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid for by at Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements’s expense. If any repairs and/or replacements are recommended by heating and air conditioning system or equipment exclusively serves the contractorPremises, Tenant shall perform additionally obtain and keep in force a preventive maintenance contract providing for the regular (at least quarterly) inspection and maintenance of the heating and air conditioning system (including leaks around ducts, pipes, vents, and other parts of the air conditioning) by a reputable licensed heating and air conditioning contractor acceptable to Landlord. Prior to April 1 of each calendar year, Tenant shall deliver Landlord written confirmation from such repairs and/or replacements and shall provide Landlord with evidence contractor verifying that such repairs and/or replacements have a contract has been completed in accordance with entered into and that the contractor's recommendationsrequired service will be provided. Landlord mayshall not undertake the responsibility of maintaining and repairing the heating and air conditioning system for the Premises; provided, at Landlord's electionhowever, have if upon the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair surrender of the HVAC systems upon written notice Premises to Tenant and, if Landlord elects to do soLandlord, the heating and air conditioning system for the Premises is not in good working order, Tenant shall reimburse Landlord’s cost to repair plus fifteen percent (15%) of such maintenance and repair, including any service contracts maintained by Landlord amount for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.overhead immediately upon demand.

Appears in 1 contract

Samples: Mabvax Therapeutics Holdings, Inc.

Tenant’s Obligations. Tenant shall at all times and shall, at its own -------------------- expense cleansole cost, keep and maintain and repair and said Premises and appurtenances and every part hereof, including but not limited to, roof membrane, glazing, sidewalks, parking areas, telephone, plumbing, electrical and HVAC systems, and all the Tenant Improvements in good and sanitary order, condition condition, and repair every part repair. Tenant shall enter into a service contract with a licensed air-conditioning and heating contractor which contract shall provide for maintenance of all air conditioning and heating equipment at the Premises in accordance with general industry practices. Tenant shall pay the cost of all air-conditioning heating, and elevator equipment repairs which is not within are either excluded from such service contract or any existing equipment warranties. All wall surfaces and floor tile are to be maintained in an as good a condition as when Tenant took possession free of holes, gouges, or defacements, except for damage resulting from normal wear and tear, casualty or other acts of God, Landlord's , Landlord’s agents, employees, contractors or invitees (“Landlord Parties”) In no event, however, shall Tenant’s obligation pursuant to Paragraph 17.A. Tenant's repair under this subsection extend to (i) damage and maintenance obligations shall includerepairs covered under any insurance policy carried by Landlord in connection with the Building; (ii) damage caused in whole or in part by the negligence or willful misconduct of Landlord or Landlord’s agents, all plumbing employees, invitees or licensees, (iii) reasonable wear and sewage facilities within tear; (iv) conditions covered under any warranties of contractors; or (v) damage by fire and other casualties, or acts of governmental authorities, or acts of God and the Premises, fixtures, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premiseselements. Tenant shall also be responsible responsible, at its sole cost and expense for the preventive maintenance of the membrane of the roof, which responsibility shall be deemed properly discharged if (i) Tenant contracts with a licensed roof contractor who is reasonably satisfactory to both Tenant and Landlord, at Tenant’s sole cost, to inspect the roof membrane at least every six (6) months, with the first inspection due the sixth (6th) month after the Commencement Date, and (ii) Tenant performs, at Tenant’s sole cost, all pest control preventive maintenance recommendations made by such contractor within a reasonable tune after such recommendations are made. Such preventive maintenance might include acts such as clearing storm gutters and drains, removing debris from the Premisesroof membrane, trimming trees overhanging the roof membrane, applying coating materials to seal roof penetrations, repairing blisters, and other routine measures. Tenant shall obtain HVAC systems make available for Landlord’s inspection such preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid invoices for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct the recommended work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord mayagrees, at Landlord's electionits expense, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether water, maintain and replace, when necessary, any shrubbery and landscaping. Nothing herein shall require either Landlord or Tenant has maintained the HVAC systems as required herein. The cost of to replace any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.Improvements.

Appears in 1 contract

Samples: Western Digital Corp

Tenant’s Obligations. Tenant shall at all times and Except as provided in Section 7.2, Tenant, at its own -------------------- expense cleansole cost, shall keep and maintain the Premises in good order, condition and repair every during the Lease Term, including without limitation: all nonstructural, interior and exterior areas; landscaped areas not part of the Common Facilities; all heating, ventilation and air conditioning systems and equipment; all glass, glazing, windows, window moldings, partitions, doors and door hardware; all interior painting; all fixtures and appurtenances in the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair or exclusively serving the Premises including electrical, lighting and maintenance obligations shall include, plumbing fixtures; and all plumbing and sewage facilities within other portions of the Premises seen or unseen. If any portion or element of the Premises, fixturesor the other systems or equipment for which Txxxxx is responsible hereunder cannot be fully repaired, interior walls Tenant shall promptly replace the same at its sole cost and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities expense regardless of whether the benefit of such replacement extends beyond the Lease Term. It is the intention of Landlord and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within Tenant that Tenant shall maintain the Premises, electrical motors at all times during the Lease Term, in an attractive, first-class and all other appliances and equipment of every kind and nature located infully operative condition, upon or about the Premises. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid for by at Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements's expense. If any repairs and/or replacements are recommended by heating and air conditioning system or equipment exclusively serves the contractorPremises, Tenant shall perform additionally obtain and keep in force a preventive maintenance contract providing for the regular (at least quarterly) inspection and maintenance of the heating and air conditioning system (including leaks around ducts, pipes, vents, and other parts of the air conditioning) by a reputable licensed heating and air conditioning contractor acceptable to Landlord. Prior to April 1 of each calendar year, Tenant shall deliver Landlord written confirmation from such repairs and/or replacements and shall provide Landlord with evidence contractor verifying that such repairs and/or replacements have a contract has been completed in accordance with entered into and that the contractor's recommendationsrequired service will be provided. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contraryforegoing, Landlord shall have the right at any time during right, upon written notice to Tenant, to undertake the term of this Lease to assume the responsibility for preventive maintenance and repair of the HVAC systems upon written notice to Tenant andheating and air conditioning system, if Landlord elects to do so, the at Tenant's sole cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.expense. 7.2

Appears in 1 contract

Samples: Aethlon Medical Inc

Tenant’s Obligations. Tenant Except as provided in Section 10.1 above, Tenant, at Tenant’s sole expense, shall at all times and at its own -------------------- expense cleanmaintain, keep and maintain in good order, condition and repair every part of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair and maintenance obligations shall includereplace all non-structural portions of each Building and Premises, including the entire interior and exterior and all plumbing and sewage facilities within improvements now or hereafter located on the Premises, and keep same and all parts thereof in good condition order and repair, including without limitation, the following: (a) all HVAC, plumbing, electrical, sewerage and mechanical systems exclusively serving the Premises; (b) all fixtures, interior walls walls, floors (excluding subfloors and ceilingfoundations), floorscarpets, draperies, window coverings, and ceilings; (c) all windows, doors, entrances, plateglassand plate glass; (d) interior and exterior lighting; (e) any fire detection or extinguisher equipment; (f) interior walls, showcases, skylights, all electrical facilities (f) public and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within private utility connections exclusively serving the Premises from the point of connection to the Premises, electrical motors (j) pipes and mains exclusively serving the Premises from the point of connection to the Premises; and (k) all other appliances fixtures, machinery, apparatus, equipment and equipment appurtenances now or hereafter belonging to, connected with or used in conjunction with the Premises. Tenant’s obligations shall include all necessary repairs and replacements. All such repairs and replacements shall be of every kind reasonably similar quality as the item so replaced and nature located in, upon or about sufficient for the proper maintenance and operation of the Premises. Tenant shall also not permit anything to be responsible for done upon the Premises (and shall perform all pest control within maintenance and repairs thereto so as not) to invalidate, in whole or in part any warranties, or prevent the Premisesprocurement of any insurance policies that may, at any time, be required under the provisions of this Lease. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (not obstruct or such other periodic service as permit the obstruction of any adjoining street or sidewalk. Notwithstanding anything to the contrary herein, Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord perform and paid for by Tenantconstruct, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available no responsibility to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC perform or construct, any repair, maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended or improvements necessitated by the contractoracts or omissions of Landlord or any other occupant of the Project, or their respective agents, employees or contractors. Without limiting the generality of the foregoing, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems agrees as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.follows:

Appears in 1 contract

Samples: Office Lease (ShockWave Medical, Inc.)

Tenant’s Obligations. Except as provided in Paragraphs 6.2(a), 8.2, 15, and 16, Tenant shall shall, at all times and at its own -------------------- expense cleanTenant's expense, keep and maintain in good orderand safe condition, condition order and repair the premises and every part of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair and maintenance obligations shall includethereof, including without limitation, all plumbing plumbing, heating, air conditioning, ventilating, fire sprinklers, electrical and sewage facilities lighting facilities, systems, appliances, and equipment within the Premises, premises; and all fixtures, interior walls and ceilingwalls, interior surfaces of exterior walls, floors, ceilings, windows, doors, entrances, plateglassall glass (including plate glass), showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment skylights located within the Premises, electrical motors premises and all other appliances and equipment of every kind and nature located in, upon or about the Premisesroof membrane installed over the premises. Tenant shall also be responsible for shall, at Tenant's expense, maintain in full force at all pest control within times during the Premises. Tenant shall obtain HVAC term of this Lease a heating, ventilating and air conditioning ("HVAC") systems preventive maintenance contracts contract with quarterly a qualified service (or such other periodic service as company satisfactory to Landlord shall designate) in accordance with manufacturer recommendationscovering all HVAC systems servicing the premises, which shall be subject to the reasonable approval of Landlord and paid for by Tenant, and which shall provide for and include include, without limitation, replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes changes, weatherproofing of all exposed HVAC equipment and ducts, and other preventive maintenance; provided, including annual maintenance of duct workhowever, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. that Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC said systems. Said contract shall call for periodic servicing no less than every sixty (60) days. Tenant shall be permitted to provide the above described HVAC maintenance services through a qualified employee of Tenant in lieu of a third party contractor. Tenant shall also maintain continuously throughout the lease term a service contract for the washing of all windows of the premises (both interior and exterior surfaces) with a contractor approved by Landlord which provides for the periodic washing of all such windows sufficiently often that such windows remain clean. Tenant shall furnish Landlord with copies of all HVAC maintenance reports on a quarterly basissuch service contracts, including copies which shall provide that they may not be cancelled or changed without at least thirty (30) days prior written notice to Landlord. All repairs required to be made by Tenant shall be made promptly with new materials of contractor recommendations for repairs and/or replacementslike kind and quality. If the repair work affects the structural parts of the Building, or if the estimated cost of any repairs and/or replacements are recommended by item of repair exceeds $25,000, then Tenant shall first obtain Landlord's written approval of the scope of work, plans therefor, materials to be used, and the contractor, . Tenant shall perform such hereby waives the benefit of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by expense or to terminate this Lease because of Landlord's contractor on a semi-annual basis failure to confirm whether keep the premises in good condition, order and repair. Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses specifically waives all rights it may have under Sections 1932(1), 1941, and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair 1942 of the HVAC systems upon written notice to Tenant andCalifornia Civil Code, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.similar or successor statute or law.

Appears in 1 contract

Samples: Sublease and Lease Agreement (Inhale Therapeutic Systems)

Tenant’s Obligations. Tenant Tenant, at Tenant's sole cost and expense, except for services furnished by Landlord pursuant to Paragraph 6 and Landlord's obligations under Paragraph 9A, shall at all times and at its own -------------------- expense cleanmaintain, keep and maintain in good order, condition condition, repair, and repair every part of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair and maintenance obligations shall include, all plumbing and sewage facilities within appearance the Premises, fixturesincluding 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), walls and floors, all doors, interior walls glass partitions or glass surfaces (not exterior windows) and ceilingpipes, floorselectrical wiring, windowsswitches, doors, entrances, plateglass, showcases, skylights, all electrical facilities fixtures and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within other special items exclusively serving the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premises. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval provisions of Paragraph 14. In the event Tenant fails to maintain the Premises as required by this Paragraph, Landlord and paid for shall give Tenant notice to do such acts as are required by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacementsthis Paragraph. If any repairs and/or replacements are recommended by the contractorwithin a reasonable time not to exceed 30 days following Landlord's notice, Tenant shall fails to perform its obligations under this Paragraph, or if those obligations cannot reasonably be completed within 30 days, fails to promptly commence such repairs and/or replacements work and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord maydiligently pursue it to completion within a reasonable time not to exceed 90 days, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, then Landlord shall have the right right, but shall not be required, to do such acts and expend such funds at any time during the term expense of this Lease Tenant as are reasonably required to assume 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 10 days after receipt of Landlord's invoice. In addition to the maintenance foregoing, Landlord shall install, at its sole cost and repair expense, surveillance cameras (with video components and with a monitor screen(s) installed in the Premises) adjacent to the Building elevators on the floors of the HVAC systems upon written notice to Tenant andBuilding which include the office space portions of the Premises ("Surveillance System"). Tenant, if Landlord elects to do so, the at its sole cost of such maintenance and repair, including any service contracts maintained by Landlord for such purposeexpense, shall be included in Operating Expenses responsible for the monitoring, operation and paid by Tenant as provided in Paragraph 17.C.maintenance of such Surveillance System.

Appears in 1 contract

Samples: Office Lease (Convergent Group Corp)

Tenant’s Obligations. Tenant During the first lease year, DISTRICT shall be responsible for, and shall at all times during the Term of this Agreement, maintain and at its own -------------------- expense clean, keep the whole and maintain in good order, condition and repair every part of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair and maintenance obligations shall include, all plumbing and sewage facilities within the leased Premises, fixturesand all property and improvements therein situated, interior walls in good repair, including without limitation all plumbing, heating and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities installations and equipment, including lighting fixturesall utilities, lampsair conditioning and mechanical equipment, fans hardware, plate glass doors and any exhaust equipment windows, painting, decorating, and systemslandscape; provided, any automatic fire extinguisher equipment within the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premises. however Tenant shall also be responsible for maintaining the outside grounds of the Premises during the first lease year. From and after the second lease year, TENANT shall be responsible for, and shall at all pest control within times during the Term of this Agreement, maintain and keep the whole and every part of the leased Premises, and all property and improvements therein situated, in good repair, including without limitation all plumbing, heating and electrical installations and equipment, all utilities, air conditioning and mechanical equipment, hardware, plate glass doors and windows, painting, decorating, and landscape; provided, however, (a) TENANT’s obligation for maintenance under this Section 6.1 in each such lease year (specifically excluding its maintenance obligations with respect to the outside grounds of the Premises. Tenant ) shall obtain HVAC systems preventive maintenance contracts with quarterly service not exceed annual sum of $55,000 for each such lease year (or such other periodic service as Landlord the “Annual Cap”) (costs of ground care shall designatenot be included in the calculation of the Annual Cap), and/or (b) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval terms and provisions of Landlord Sections 12 and paid 17 of this Lease, the DISTRICT shall be responsible for the costs of any repairs to the Premises in excess of the Annual Cap for any such lease year, unless such damage was caused by the gross negligence or willful misconduct of Tenant, and in which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractorcase, Tenant shall perform be responsible for the full costs of such repairs. All TENANT repairs and/or replacements must be performed by licensed and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord mayfully insured contractors, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis and prior to confirm whether Tenant has maintained the HVAC systems as required herein. The cost commencement of any such semi-annual inspections work (y) TENANT shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing identify to the contraryDISTRICT the names of the contractors and subcontractors who will perform it, Landlord and (z) provide proof of insurance, and any bids or proposals for the repairs to be undertaken as well as final invoices. TENANT shall also provide DISTRICT proof of TENANT payment of such contractors for work performed by them, up to the Annual Cap. DISTRICT shall have the right after reasonable notice to TENANT, to demand Tenant to make any repairs that Tenant is responsible for under this Lease, and if TENANT refuses, or fails to provide written confirmation to District of its willingness, promptly to begin the repairs so noticed, and to complete same with reasonable diligence, DISTRICT may, at any time during its option, cause such repairs to be made, for which purpose DISTRICT and DISTRICT’S agents shall have full access to the term leased Premises. TENANT shall, on demand by DISTRICT, pay DISTRICT as Rent all of DISTRICT’s costs and expenses that Tenant is responsible for under this Lease (subject to assume the maintenance Annual Cap), and repair including therein the costs of its time and personnel involved in making such repairs. TENANT shall promptly make any alterations required by any governmental authority. DISTRICT shall not be liable to TENANT for any damages resulting from furnishing and equipment installed by TENANT in and upon the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.leased Premises.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Obligations. Tenant Except as provided in Section 10.1 above, Tenant, at Tenant’s sole expense, shall at maintain, repair and replace all times and at its own -------------------- expense clean, keep and maintain in good order, condition and repair every part non-structural portions of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair Building and maintenance obligations shall includePremises, including the entire interior and exterior and all plumbing and sewage facilities within improvements now or hereafter located on the Premises, and keep same and all parts thereof in good condition order and repair, including without limitation, the following: (a) all HVAC, plumbing, electrical, sewerage and mechanical systems exclusively serving the Premises; (b) all fixtures, interior walls walls, floors (excluding subfloors and ceilingfoundations), floorscarpets, draperies, window coverings, and ceilings; (c) all windows, doors, entrances, plateglassand plate glass; (d) interior and exterior lighting; (e) any fire detection or extinguisher equipment; (f) interior walls, showcases, skylights, all electrical facilities (f) public and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within private utility connections exclusively serving the Premises from the point of connection to the Premises, electrical motors (j) pipes and mains exclusively serving the Premises from the point of connection to the Premises; and (k) all other appliances fixtures, machinery, apparatus, equipment and equipment appurtenances now or hereafter belonging to, connected with or used in conjunction with the Premises. Tenant’s obligations shall include all necessary repairs and replacements. All such repairs and replacements shall be of every kind reasonably similar quality as the item so replaced and nature located in, upon or about sufficient for the proper maintenance and operation of the Premises. Tenant shall also not permit anything to be responsible for done upon the Premises (and shall perform all pest control within maintenance and repairs thereto so as not) to invalidate, in whole or in part any warranties, or prevent the Premisesprocurement of any insurance policies that may, at any time, be required under the provisions of this Lease. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (not obstruct or such other periodic service as permit the obstruction of any adjoining street or sidewalk. Notwithstanding anything to the contrary herein, Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord perform and paid for by Tenantconstruct, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available no responsibility to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC perform or construct, any repair, maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended or improvements necessitated by the contractoracts or omissions of Landlord or any other occupant of the Project, or their respective agents, employees or contractors. Without limiting the generality of the foregoing, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems agrees as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.follows:

Appears in 1 contract

Samples: Office Lease (Shockwave Medical, Inc.)

Tenant’s Obligations. Except as provided in Section 7.2 and the Addendum; Tenant shall at all times and at its own -------------------- expense clean, keep and maintain the Premises in good order, condition and repair every part during the Lease Term, including without limitation: all nonstructural, interior, exterior, and landscaped areas, all heating, ventilation and air conditioning systems and equipment exclusively serving the Premises; all glass, glazing, windows, window moldings, partitions, doors and door hardware; all interior painting; all fixtures and appurtenances in the Premises or exclusively serving the Premises including electrical, lighting and plumbing fixtures; and all other portions of the Premises seen or unseen. Tenant shall replace at its sole cost and expense any of the systems and other portions of the Premises for which it is responsible hereunder during the Lease Term, if necessary. Tenant shall promptly replace any portion of the Premises or system or equipment exclusively serving the Premises in the Premises which cannot within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair be fully repaired, regardless of whether the benefit of such replacement extends beyond the Lease Term. If any heating and maintenance obligations shall include, all plumbing and sewage facilities within air conditioning system or equipment exclusively serves the Premises, fixtures, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premises. Tenant shall also be responsible for all pest control within the Premises. Tenant shall additionally obtain HVAC systems and keep in force a preventive maintenance contracts with quarterly service contract providing for the regular (or such other periodic service as Landlord shall designateat least quarterly) in accordance with manufacturer recommendationsinspection and maintenance of the heating and air conditioning system (including leaks around ducts, which shall be subject to the reasonable approval of Landlord and paid for by Tenantpipes, vents, and which shall provide for other parts of the air conditioning) by a reputable licensed heating and include replacement air conditioning contractor acceptable to Landlord. Prior to April 1 of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractoreach calendar year, Tenant shall perform deliver Landlord written confirmation from such repairs and/or replacements and shall provide Landlord with evidence contractor verifying that such repairs and/or replacements have a contract has been completed in accordance with entered into and that the contractor's recommendationsrequired service will be provided. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contraryforegoing, Landlord shall have the right at any time during right, upon written notice to Tenant, to undertake the term of this Lease to assume the responsibility for preventive maintenance and repair of the HVAC systems upon written notice to Tenant andheating and air conditioning system, if Landlord elects to do so, the at Tenant's sole cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.expense.

Appears in 1 contract

Samples: Industrial Gross Lease (Sequenom Inc)

Tenant’s Obligations. Tenant shall at all times and at -------------------- its own -------------------- expense clean, keep and maintain in good order, condition and repair every part of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. 17.A.(i), except for any damage thereto caused by the negligence or willful acts or omissions of Landlord or Landlord's Agents. Tenant's repair and maintenance obligations shall include, all plumbing and sewage facilities within the Premises, fixtures, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premises. Tenant shall also be responsible for all pest control within the Premises. Tenant shall Landlord will obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, maintenance including annual maintenance of duct work, interior unit drains and caulking of at sheet metal, metal and recaulking of jacks and vents on an annual basisvents. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included repair or replacement of Capital Equipment in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding or on the foregoing Premises, including but not limited to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance roof and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purposeequipment, shall be included amortized over the useful life of the Equipment, as established by the manufacturer or supplier of such an item, but in Operating Expenses no event to exceed fifteen (15) years. Such amortization shall be based on the Tenant paying for a pro rata share of such cost by taking the remaining Lease Term and paid dividing it by the useful life, but in no case shall this ratio exceed 100%. If Tenant extends this Lease, it will reimburse Landlord for any unamortized portion of this cost during that extension, and any other portions of the Premises to be maintained by Tenant. Notwithstanding the foregoing, Tenant shall have no obligation to perform any item of repair or maintenance, or to pay any cost as part of Outside Area Expenses, as defined below, or otherwise, which is: (i) necessitated by the acts or omissions of Landlord or Landlord's Agents; (ii) occasioned by fire, acts of God or other casualty; (iii) required as a consequence of any construction defect in the Premises; (iv) reimbursable by third parties; or (v) properly treated as a Capital Improvement (except as provided in Paragraph 17.C.below).

Appears in 1 contract

Samples: Assignment of Lease (Oni Systems Corp)

Tenant’s Obligations. Except as otherwise specifically provided in this Lease, Landlord will not be required to furnish any services or facilities, or to make any repairs or Alterations, in, about or to the Premises or the Property. Except as otherwise provided in this Lease, Tenant shall assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Premises. Except as specifically described in Section 7.1 or this Lease, Tenant, at all times Tenant’s sole cost and at its own -------------------- expense cleanexpense, will keep and maintain the Premises (including all non-structural interior portions; electrical, mechanical, plumbing, heating and air conditioning systems and other systems and equipment located within and exclusively serving the Premises; interior surfaces of exterior walls; interior moldings, partitions and ceilings; interior doors, plate glass and windows; and interior electrical, lighting and plumbing fixtures) in good order, condition and repair every repair, reasonable wear and tear, condemnation and damage from casualty losses excepted. Tenant will use contractors reasonably designated or approved by Landlord to perform any and all maintenance and other work on or in connection with the electrical, mechanical, plumbing, heating and air conditioning systems and other building systems and equipment located within and exclusively serving the Premises, or if Landlord contracts for same (which Landlord reserves the right to do by providing written notice thereof to Tenant), Landlord will xxxx Tenant, as a direct expense to Tenant and not as a component of Operating Expenses, either monthly or quarterly for the amounts paid by Landlord therefor. Tenant will keep the Premises in a neat and sanitary condition and will not commit any nuisance or waste in, on or about the Premises or the Property. If Tenant damages or injures the Common Area or any part of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair and maintenance obligations shall include, all plumbing and sewage facilities within Property other than the Premises, fixtures, interior walls Landlord will repair the damage and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, Tenant will pay Landlord for all electrical facilities uninsured costs and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within expenses of Landlord in connection with the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premisesrepair as Additional Rent. Tenant shall also be is solely responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendationsand will, which shall be subject to the reasonable approval of fullest extent allowable under the Laws, indemnify, protect and defend (with counsel reasonably acceptable to Landlord) and hold harmless Landlord against and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do sofrom, the cost of such maintenance repairing, and repairany Claims resulting from, including any service contracts maintained penetrations or perforations of the roof or exterior walls of the Project caused by Landlord for such purpose, shall Tenant. Tenant will maintain the Premises in a first-class and fully operative condition. Tenant’s repairs will be included at least equal in Operating Expenses quality and paid by workmanship to the original work and Tenant as provided will make the repairs in Paragraph 17.C.accordance with all Laws.

Appears in 1 contract

Samples: Project Office Lease Agreement

Tenant’s Obligations. Tenant shall at all times and at its own -------------------- expense clean, keep and maintain in good order, condition and repair every part of the Premises and the Property (including Tenant's trade fixtures and personal property) which is not within Landlord's obligation pursuant to Paragraph 17.A. Section 9(a). Tenant's repair and maintenance obligations shall include, without limitation, all building systems (including, without limitation, the heating, ventilating and air conditioning (HVAC) system, life safety and automatic fire extinguisher/sprinkler systems, electrical, lighting, mechanical, plumbing and sewage facilities within the PremisesProperty), the Automated Logic Corporation (ALC) system, the elevators, the roof (maintenance thereof but not the replacement of the structure, which is Landlord's responsibility), fixtures, interior walls and ceiling, floors, windows (including repairing, resealing, cleaning and replacing, as necessary, of exterior windows), doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premises. Tenant shall also be responsible for all janitorial, pest control within the Premises and for all trash removal for the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the any equipment in such HVAC systemsto be maintained by Tenant. Tenant shall also enter into maintenance contracts for the regular maintenance of the roof, the ALC system, the HVAC system and such other systems reasonably designated by Landlord, in form and substance and with companies acceptable to Landlord, and pursuant to a maintenance schedule and other specifications approved by Landlord. All such maintenance contracts shall provide Landlord with copies of all HVAC for regular maintenance reports on a quarterly basisand trouble reports to be delivered directly to Landlord. Alternatively, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair of the HVAC systems upon fifteen (15) days prior written notice to Tenant and(except in the event of an emergency, if when no notice shall be required), Landlord elects may elect to do soperform all or any repairs and maintenance itself, at Tenant's expense, to the cost of roof and/or the Building's mechanical, electrical or other systems in the Premises (as described above). Landlord may also perform any maintenance or repairs itself, at Tenant's expense, to the extent Tenant fails to perform such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant or repairs as provided in Paragraph 17.C.required herein.

Appears in 1 contract

Samples: Letter Agreement (Marvell Technology Group LTD)

Tenant’s Obligations. (a) Tenant shall agrees at all times and times, at its own -------------------- expense cleancost and expense, keep and to repair, maintain in good order, and tenantable condition and repair replace, as necessary, die Premises and every part thereof including, without limitation, the following: all meters, pipes, conduits, equipment, components and facilities that supply the Premises exclusively with utilities (except if the appropriate utility company has assumed these duties) or that form an air conditioning system exclusively servicing the Premises, all fixtures and other equipment installed in the Premises; all exterior and interior glass installed in the Premises; the store front(s), all signs (see Section 12.4), locks and closing devices; all window sashes, casements and frames; doors and door frames; floor coverings; and all such items of repair, maintenance, alteration, improvement or reconstruction as may be required at any time or from time to time by any governmental agency !saving jurisdiction thereof Landlord shall also have the right, but not the obligation to paint/stain/varnish or otherwise refinish Tenant’s store front, window sashes, casements, frames, doors and door jams with Landlord having the right, but not the obligation to include all such costs as ail Operating Cost under Section 4.5 hereof. Tenant shall promptly replace any portion of the Premises or system or equipment in tile Premises which is cannot within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair and maintenance obligations shall includebe fully repaired, all plumbing and sewage facilities within regardless of whether the Premises, fixtures, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within benefit of such replacement extends beyond the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premises. Tenant shall also be responsible for all pest control within the PremisesLease Tern. Tenant shall obtain HVAC systems a preventive maintenance contracts with quarterly service contract providing for the regular inspection and maintenance of the heating and air conditioning system (including leaks around ducts, pipes, vents, or such other periodic service as Landlord shall designateparts of the air conditioning) in accordance with manufacturer recommendations, which by a licensed heating and air conditioning contractor. The cost thereof shall be subject to borne solely by Tenant. It is the reasonable approval intention of Landlord and paid for by TenantTenant that, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have at all times during the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractorLease Term, Tenant shall perform such repairs and/or replacements maintain tile Premises in an attractive, first-class and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. Landlord may, at Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.fully operative condition.

Appears in 1 contract

Samples: Center Lease (Bank Holdings)

Tenant’s Obligations. Except as provided in Section 8(b) or as may be necessary due to the active negligence or willful misconduct of Landlord or any Landlord Parties, during the Term, Tenant shall shall, at all times Tenant's sole cost and at its own -------------------- expense cleanexpense, keep and maintain in good order(including replacements if necessary) the Premises, condition and repair including, without limitation, every part of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair Land, Building and maintenance obligations shall includeAppurtenant Improvements, all plumbing in a first class and sewage facilities within good, clean, sanitary and orderly condition and repair. Without limiting the Premises, fixtures, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within generality of the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premises. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which shall be subject to the reasonable approval of Landlord and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractorforegoing, Tenant shall perform such repairs and/or replacements (i) keep and shall provide Landlord maintain the parking areas, sidewalks and landscaping on the Premises clean and free of all debris and in good condition and repair, (ii) paint, varnish, wallpaper, or otherwise redecorate or renovate the interior of the Building and Tenant's Personal Property when necessary to maintain the Premises in a first class condition, (iii) enter into and maintain in full force and effect a preventive maintenance contract with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. a qualified contractor for all Building Systems, and Landlord may, at Landlord's electionoption, have the HVAC systems inspected contract for such services and Tenant shall pay to Landlord all costs or expenses incurred in connection with such contract(s) upon demand by Landlord's contractor , and (iv) arrange and pay for all utilities, janitorial services, trash and waste removal, window washing, light bulb replacement and all other services necessary to maintain the appearance, cleanliness and safety of the Premises in a first-class condition. Tenant will be obligated to perform any repair, replacement or other maintenance of the Premises that may become necessary during the Term and will promptly provide notice of the same to Landlord. All repairs made by or on behalf of Tenant shall be made and performed in accordance with all Laws. The costs of any Capital Repairs shall be amortized on a semi-annual straight- line basis to confirm whether over the useful life thereof or the remaining Term of this Lease, whichever is longer, and Tenant's portion shall be payable by Tenant as Additional Rent in equal monthly installments beginning on the date which is thirty (30) days after Landlord has maintained provided a written demand, accompanied by a paid invoice and reasonable supporting documentation therefor, and thereafter on the HVAC systems first (1st) day of each month during the remainder of the Term of this Lease, as required herein. The applicable; provided, Tenant shall in no event be liable for any portion of the amortized cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding Capital Repairs which extends beyond the foregoing to the contrary, Landlord shall have the right at any time during the term of this Lease to assume the maintenance and repair expiration of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.Term.

Appears in 1 contract

Samples: Asset Purchase Agreement (C21 Investments Inc.)

Tenant’s Obligations. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair (or Landlord may elect to repair at all times and at its own -------------------- expense clean, keep Tenant’s expense) any damage to the Building Structure or the Building Systems or any part of the Building that Landlord is required to repair and maintain due to the acts and omissions, or breach of this Lease by any of the Tenant Related Parties, including Xxxxxx’s use of the Premises for other than its Permitted Use. In addition, Tenant shall, at Tenant’s own expense, also maintain the Premises in good order, repair and condition at all times during the Lease Term, including without limitation, the following: (a) all Alterations, (b) all personal property of Tenant, (c) private showers and repair every part of kitchens, including hot water heaters, plumbing and similar facilities serving the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair and maintenance obligations shall includeexclusively, all plumbing and sewage facilities within the Premises, fixtures, interior walls and ceiling, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust supplemental HVAC equipment and systems, any automatic supplemental pre-action fire extinguisher equipment within the Premisescontrol systems, electrical motors and all other appliances supplemental power systems and equipment and any other supplemental systems and equipment whether installed by or on behalf of every kind Tenant or existing in the Premises at the time Tenant takes possession, if any, provided, however, that if any such supplemental system or equipment is integrated or tied into a building system that Landlord is required to maintain, then Landlord shall have the right, at its option, to maintain such system or equipment at Tenant’s cost and nature expense, in which case Tenant shall reimburse Landlord for any such cost within thirty (30) days after receipt of an invoice therefor, (d) floor coverings, interior partitions, doors, the interior side of demising walls, (e) electronic, phone and data cabling and related equipment installed by or for exclusive benefit of Tenant and located inin the Premises or other portions of the Building, upon or about and (f) all portions of the PremisesPremises other than those that Landlord is required to maintain pursuant to Section 7.1. Tenant shall also be responsible keep the work areas and other portions of the Premises neat, organized and presentable and otherwise in a condition appropriate for all pest control within the Premisesa first-class office building. Tenant shall obtain HVAC systems preventive maintenance contracts with quarterly service (or such other periodic service as Landlord shall designate) in accordance with manufacturer recommendations, which All work shall be subject to the reasonable approval of Landlord and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Tenant shall provide Landlord with copies of all HVAC maintenance reports on a quarterly basis, including copies of contractor recommendations for repairs and/or replacements. If any repairs and/or replacements are recommended by the contractor, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed performed in accordance with the contractor's recommendationsrules and procedures described in Section 8.2 below. Landlord may, at Tenant hereby waives any and all rights to perform any of Landlord's election, have the HVAC systems inspected by Landlord's contractor on a semi-annual basis ’s obligations to confirm whether Tenant has maintained the HVAC systems as required herein. The cost of any such semi-annual inspections shall be included in Building Maintenance Expenses and paid for by Tenant as provided in Paragraph 17.C. Notwithstanding the foregoing to the contrary, Landlord shall have the right at any time during the term of repair under this Lease to assume and off-set the maintenance and repair of the HVAC systems upon written notice to Tenant and, if Landlord elects to do so, the cost of such maintenance and repair, including any service contracts maintained by Landlord for such purpose, shall Rent as may be included in Operating Expenses and paid by Tenant as provided in Paragraph 17.C.under applicable Laws.

Appears in 1 contract

Samples: Office Lease (Cambium Networks Corp)

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