Common use of Tenant’s Obligations Clause in Contracts

Tenant’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant shall keep all portions of the Property (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. If any part of the Property is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition.

Appears in 3 contracts

Samples: Sublease (Modtech Holdings Inc), Sublease (Modtech Holdings Inc), Sublease (Modtech Holdings Inc)

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Tenant’s Obligations. (a) Except as provided in Section 6.03, Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant shall keep all portions of the Property (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment installed by Tenant) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor, unless Landlord maintains such equipment under Section 6.03 above. If any part of the Property or the Project is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition.the

Appears in 2 contracts

Samples: Pets Com Inc, Pets Com Inc

Tenant’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation)) and Rider Paragraphs 4 and 12, Tenant shall keep all portions of the Property (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended, if extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended, if extended) and Tenant shall not be obligated to undertake such replacement until Landlord has deposited with Tenant Tenant's reasonable estimate of the cost of such replacement. Notwithstanding the foregoing, in no event shall Tenant be obligated to undertake any replacement during the last year of the Lease Term (as extended, if extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. If any part of the Property is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractivea condition commensurate with the other buildings in the Project used for purposes similar to the Property, first-class subject to ordinary wear and fully operative conditiontear.

Appears in 2 contracts

Samples: Lease Agreement (Genesis Direct Inc), Lease Agreement (Genesis Direct Inc)

Tenant’s Obligations. (a) Except as provided in Section 4.05(c) above with respect to Landlord’s obligations for the performance of certain work at the Premises that is the subject of Section 6.03 (Landlord’s Obligations) above, Article Seven (Damage or Destruction) below, and Article Eight (Condemnation)) below, Tenant Tenant, at Tenant’s sole cost and expense, shall keep all portions of the Property Premises (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment including HVAC) in good order, condition and repair (including interior repainting and refinishing, as needed)repair. If any portion of the 5 (Single-Tenant Net Form) Initials Property Premises or any system or equipment in the Property which Premises that Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall shall, upon providing Landlord with reasonable prior written notice of the scope and cost of replacement, and subject to Landlord’s approval of the same, promptly replace such portion of the Property Premises or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life Premises. The cost of such replacement shall be prorated amortized over the remaining portion of the Lease Term (useful life as extended)reasonably determined by Landlord, and Tenant shall only be liable only for that portion of the cost which is applicable to the remaining Lease Term (as it may be extended) (the “Useful Life Allocation”), and if the full replacement cost is initially borne by Tenant, Landlord shall reimburse Tenant or provide Tenant with a credit against future Additional Rent obligations in an amount equal to Landlord’s share of such total cost. Tenant shall maintain a reasonable preventive maintenance service contract providing for the regular inspection and maintenance of the Premises’ heating and air conditioning system systems (the “HVAC Systems”) by a licensed heating and air conditioning contractor. If any part of the Property , unless Landlord is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay maintain all or a portion of such equipment pursuant to Section 6.03(a) above, or unless Landlord makes the cost of maintaining or repairing such propertyelection described in the next succeeding sentence. It is the Intention intention of Landlord and Tenant that that, at all times during the Lease Term, Tenant shall maintain the portions of the Property which Tenant is obligated to maintain Premises in an attractive, first-class and fully operative condition. Without limiting the generality of the provisions contained above in this Section 6.04(a), Tenant agrees to pay Landlord the cost to repair any damage caused by the transportation and storage of its products in, on, or about the Premises, including, but not limited to any damage to concrete floor slab, adjoining concrete ramps, adjoining concrete truck apron, and adjoining concrete or asphalt parking and access areas due to the use of forklifts or other equipment or vehicles hauling Tenant’s products or otherwise, ordinary wear and tear from intended use excepted. Tenant’s payment obligation described in the immediately preceding sentence shall include the cost of replacement of any damaged areas of the Premises or the Premises, if repair is impracticable, so as to restore such areas to the condition existing prior to such damage and in such event Tenant shall not be entitled to the benefit of the Useful Life Allocation.

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (MJ Holdings, Inc.), Lease Agreement (MJ Holdings, Inc.)

Tenant’s Obligations. (a) Except as provided in Section 6.03, Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant shall keep all portions of the Property (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive preventative maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor, unless Landlord maintains such equipment under Section 6.03 above. If any part of the Property or the Project is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition.

Appears in 2 contracts

Samples: LML Payment Systems Inc, Intellisys Group Inc

Tenant’s Obligations. (a) Except a)Except as provided in Section 6.03, Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant shall keep all portions of the Property (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor, unless Landlord maintains such equipment under Section 6.03 above. If any part of the Property or the Project is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition. It is Tenant's responsibility to maintain or repair windows, doors, plate glass or the interior surfaces of the exterior walls except those of the common areas, which shall be the Association's responsibility. (b)Tenant shall fulfill all of Tenant's obligations under this Section 6.04 at Tenant's sole expense. If Tenant fails to maintain, repair or replace the Property as required by this Section 6.04, Landlord may, upon ten (10) days' prior notice to Tenant (except that no notice shall be required in the case of an emergency), enter the Property and perform such maintenance or repair (including replacement, as needed) on behalf of Tenant. In such case, Tenant shall reimburse Landlord for all costs incurred in performing such maintenance or repair immediately upon demand. Section 6.05.

Appears in 1 contract

Samples: Service 1st Bancorp

Tenant’s Obligations. (a) Except as specified to be Landlord’s obligation in Section 6.03(a) and as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant shall keep all portions of the Property (including structuralincluding, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. If any part of the Property is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition.

Appears in 1 contract

Samples: Lease Agreement (Corgenix Medical Corp/Co)

Tenant’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), and except as provided by this Lease and the Addendum, Tenant shall keep all portions of the Property (including structuralincluding, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive preventative maintenance contract approved by Landlord, providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. In no event shall any such preventative maintenance contract violate or void any applicable warranties. If any part of the Property is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition.

Appears in 1 contract

Samples: Lease Agreement (West Marine Inc)

Tenant’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant shall keep all portions of the Property (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. If any part of the Property is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing replaced such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention intention of Landlord and Tenant that (Single-Tenant Net Form) 9 at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition.

Appears in 1 contract

Samples: Natural Nutrition Group Inc

Tenant’s Obligations. (a) Except as provided in Section 6.03, Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant Tenant, at its sole cost, shall keep all portions of the Property (including structural, nonstructural, interior, exteriorand, if not otherwise maintained by Landlord at its election, any and landscaped areasall components of electrical, portionsmechanical, plumbing, heating, ventilating and air conditioning systems and equipment facilities (individually, a "System", collectively, the "Systems") located on the Property) in good order, condition and repair (including interior repainting and refinishing, as needed). If Landlord elects to maintain the Systems or the roof at the Property, Tenant shall pay or reimburse Landlord for all costs Landlord incurs in connection with such maintenance as Common Area Expenses as provided for in Section 4.05 above provided that Landlord may utilize any reserves collected from Tenant under Section 4.05 and specifically allocated to such costs. If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system System or equipment in the Property Properly which Tenant is obligated to repair maintain (or reimburse Landlord for the cost of maintenance in accordance herewith) cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system System or equipment in the Property, regardless of whether the benefit of such replacement extends beyond (the Lease Term; but if the benefit or useful life of such replacement replacement, as determined by Landlord, extends beyond the Lease Term (as such term the same may be extended by exercise of any options), in accordance herewith) the useful life cost of such replacement shall be prorated over the remaining portion of the Lease Term (as extended)such useful life, and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as the same may be extended). If requested by Landlord, Tenant shall maintain a preventive maintenance contract acceptable to Landlord providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. Upon Landlord's request, Tenant shall provide Landlord with a copy of the preventive maintenance contract, if applicable. If any part of the Property or the Project is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay Landlord the cost of maintaining or repairing or replacing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition.

Appears in 1 contract

Samples: Trimedyne Inc

Tenant’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) ), Section 6.03, and Article Eight (Condemnation), Tenant shall keep all portions of the Property (including structuralincluding, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment equipment, including not but limited to HVAC, fire suppression, electrical and security, in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. Only licensed heating and air conditioner contractors previously approved by Landlord may have access to the roof, said approval not to be unreasonably withheld, conditioned, or delayed. Any damage to the roof caused by Tenant, its employees, agents or contractors shall be the sole responsibility of Tenant. If any part of the Property is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class a commercially reasonable manner and fully operative condition.

Appears in 1 contract

Samples: Lease Agreement (Guitar Center Inc)

Tenant’s Obligations. (a) Except as provided in Section 6.03(a) above, Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant shall keep all portions of the Property (including structuralincluding, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but and provided however if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. If any part of the Property is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition.

Appears in 1 contract

Samples: Lease Agreement (Pc Mall Inc)

Tenant’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant shall keep all portions of the Property Properly (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, . Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. If any part of the Property is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention intention of Landlord and 8 -C-1988 Southern California Initials /s/ GK Chapter of the ------------------ Society of Industrial /s/ FN DN and Office Realtors, -Registered Trademark- Inc. * CB Xxxxxxx Xxxxx, Inc. (Single-Tenant Net Form) Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class [A SIMILAR OR BETTER CONDITION,] and fully operative condition.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Iprint Com Inc)

Tenant’s Obligations. (a) Except as provided in Section 6.03 (Landlord's Obligations), Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant shall keep all portions of the Property (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot can't be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and of maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. If any part Landlord shall have the right, upon written notice to Tenant, to undertake the responsibility for preventive maintenance of the Property is damaged by any act or omission of heating and air conditioning system at Tenant's expense. In addition, Tenant shall pay Landlord shall, at Tenant's expense, repair any damage to the cost roof, foundation or structural portions of repairing walls caused by Tenant's acts or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such propertyomissions. It is the Intention intention of Landlord and Tenant that that, at all times during the Lease Term, Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition.

Appears in 1 contract

Samples: Lease Agreement (Luminex Lighting Inc)

Tenant’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant shall keep all portions of the Property (including structural, nonstructural, interior, exteriorexterior (including that portion of the parking lot servicing the Property), and landscaped areas, portions, systems and equipment equipment) other than the roof and exterior walls in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. If any part of the Property is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition.

Appears in 1 contract

Samples: Retrospettiva Inc

Tenant’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant shall keep all portions of the Property (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. If Except as to insured losses and subject always to Section 4./04(d)(iv) herein, if any part of the Property is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition.

Appears in 1 contract

Samples: Lease Agreement (United Stationers Supply Co)

Tenant’s Obligations. (a) Except as provided in Section 6.03 (including the addendum thereto), Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant shall keep all portions of the Property (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), option) the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. If any part of the Property is damaged by any act or omission of Tenant, . Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition.

Appears in 1 contract

Samples: Source Interlink Companies Inc

Tenant’s Obligations. (a) Except as otherwise expressly provided in Section 4.05 above, Section 6.03 above, Article Seven (Damage or Destruction) below, and Article Eight (Condemnation)) below, Tenant Tenant, at Tenant's sole cost and expense, shall keep all portions of the Property (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as needed)repair. If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which that Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life . The cost of such replacement shall be prorated amortized (including Interest) over the remaining portion of the Lease Term (useful life as extended)reasonably determined by Landlord, and Tenant shall only be liable only for that portion of the cost which is applicable to the remaining Lease Term (as it may be extended). , and Landlord shall reimburse Tenant shall maintain or, at Tenant's option, provide Tenant with a preventive maintenance contract providing for the regular inspection and maintenance credit against future Additional Rent obligations in an amount equal to Landlord's share of the heating and air conditioning system by a licensed heating and air conditioning contractorsuch total cost. If any part of the Property or the Project is damaged by any act or omission of Tenant, to the extent such damage is not insured under any property insurance policy carried by Landlord that provides primary coverage, Tenant shall pay Landlord repair or replace the cost of repairing or replacing such damaged propertysame, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such propertyas needed. It is the Intention intention of Landlord and Tenant that that, at all times during the Lease Term, Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition. Without limiting the generality of the provisions contained above in this Section 6.04(a), Tenant agrees to repair any damage to the Building and Building Premises other than ordinary wear and tear caused by the transportation and storage of its products in, on, or about the Property, including, but not limited to any damage to the Building's concrete floor slab, adjoining concrete ramps, adjoining concrete truck apron, and adjoining asphalt parking and access areas on the Building Premises due to the use of forklifts hauling Tenant's products. Tenant's repair obligation described above shall include the restoration of any damaged areas of the Property or the Project, if repair is impracticable, so as to restore such areas to the condition existing prior to such damage. For purposes of the foregoing, "damage" excludes ordinary wear, tear and scrapes, as well as any settling of concrete and paved areas reasonably anticipated from Tenant's use of the Property.

Appears in 1 contract

Samples: Lease Agreement (Sierra Pacific Resources /Nv/)

Tenant’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation)) and in Section 6.03, Tenant shall keep all nonstructural portions of the Property (including structural, nonstructural, interior, exterior, and landscaped loading areas, portionssystems, systems doors, windows and equipment equipment) in good order, condition condition, and repair (including interior repainting and refinishing, as needed). If Subject to Landlord's obligations under Section 6.03 above, if any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning appropriate contractor. If any part of the Property is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant and Landlord shall maintain the portions of the Property which Tenant is they are respectively obligated under this Lease to maintain in an attractive, first-class good and fully operative condition.

Appears in 1 contract

Samples: Carrington Laboratories Inc /Tx/

Tenant’s Obligations. (a) Except as provided in Section 6.03, Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant Tenant, at its sole cost, shall keep all portions of the Property (including structural, nonstructural, interior, exteriorand, if not otherwise maintained by Landlord at its election, any and landscaped areasall components of electrical, portionsmechanical, plumbing, heating, ventilating and air conditioning systems and equipment facilities (individually, a "System", collectively, the "Systems") located on the Property and serving the Property only) in good order, condition and repair (including interior repainting and refinishing, as needed). If Landlord elects to maintain the Systems at the Property, Tenant shall pay or reimburse Landlord for all costs Landlord incurs in connection with such maintenance as Common Area Expenses as provided for in Section 4.05 above provided that Landlord may utilize any reserves collected from Tenant under Section 4.05 and specifically allocated to such costs. If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system System or equipment in the Property which Tenant is obligated to repair maintain (or reimburse Landlord for the cost of maintenance in accordance herewith) cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system System or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement replacement, as determined by generally accepted accounting principles, extends beyond the Lease Term (as such term the same may be extended by exercise of any options), in accordance herewith) the useful life cost of such replacement shall be paid for by Landlord and prorated over the remaining portion of the Lease Term (as extended)such useful life, and Tenant shall be liable and reimburse Landlord on a monthly basis only for that portion of the cost which is applicable to the Lease Term (as the same may be extended). If requested by Landlord, Tenant shall maintain a preventive maintenance contract acceptable to Landlord providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. Upon Landlord's request, Tenant shall provide Landlord with a copy of the preventive maintenance contract, if applicable. If any part of the Property or the Project is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay Landlord the cost of maintaining or repairing or replacing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractivea clean, first-class attractive and fully operative condition.

Appears in 1 contract

Samples: Industrial Real Estate Lease (All American Semiconductor Inc)

Tenant’s Obligations. (a) Except as provided for those items described in Article Seven (Damage or Destruction) Section 9.A above which are required to be maintained and Article Eight (Condemnation)repaired by Landlord, Tenant shall keep clean, maintain, repair and replace when necessary the Building and every part thereof through regular inspections and servicing, including but not limited to the following, to the extent Landlord does not elect to maintain the same as Reimbursable Operating Costs: (i) all portions plumbing and sewage facilities, (ii) all heating ventilating and air conditioning facilities and equipment serving solely the Building, (iii) all fixtures, interior walls, floors, carpets and ceilings, (iv) all windows, door entrances, plate glass and glazing systems including caulking, and skylights, (v) all electrical facilities and equipment, (vi) all automatic fire extinguisher equipment, (vii) all elevator equipment, and (viii) the roof membrane system. 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, normal wear and tear excepted. With respect to items (ii), (vii) and (viii) above, Tenant shall provide Landlord a copy of a service contract between Tenant and a licensed service contractor providing for periodic maintenance of all such systems or equipment in conformance with the manufacturer’s recommendations. Tenant shall provide Landlord a copy of such preventive maintenance contracts and paid invoices for the recommended work if requested by Landlord. To the extent that any part of the Property items in (including structurali) through (viii) above is determined by Landlord to be for the benefit of more than one (1) tenant or occupant of the Building or Project, nonstructuralLandlord may assume the obligation to clean, interiormaintain, exteriorrepair and replace the same as Reimbursable Operating Costs and Tenant shall during the period of such assumption have no obligation to clean, and landscaped areasmaintain, portions, systems and equipment in good order, condition and repair (including interior repainting and refinishing, as needed)or replace such item. If any portion damage or destruction to the Premises or the Project is caused by the act or negligence of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restoredTenant’s Agents, Tenant shall promptly replace repair or restores such portion damage or destruction, except to the extent the cost of such repair or restoration is fully covered by insurance maintained by Landlord and is required to be repaired by Landlord pursuant to Article 16 below. If as a part of the Property maintenance of the Premises, Tenant is liable under Section 9.B for payment of a replacement of the roof membrane or system or equipment in any HVAC serving only the PropertyPremises that would typically be capitalized under GAAP, regardless of whether Landlord shall perform such replacement and Tenant shall pay Landlord each month an amount equal to the benefit product of such replacement extends beyond total cost multiplied by a fraction, the numerator of which is the number of months remaining in the Lease Term; but if , the benefit or useful life denominator of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), which is the useful life of such replacement shall be prorated over the remaining portion (in months) of the Lease Term (replacement, as extended), reasonably determined in accordance with GAAP and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractorsound management practices consistently applied. If any part of the Property is damaged by any act or omission of TenantTenant exercises an option to extend this Lease, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated continue to pay Landlord such additional amount equal to the cost amortized portion of maintaining or repairing such property. It is the Intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property replacement which Tenant is obligated to maintain in an attractive, first-class and fully operative conditionoccurs during such extended term.

Appears in 1 contract

Samples: Lease (Cutera Inc)

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Tenant’s Obligations. (a) 7.2.1 Except as specifically provided to the contrary in Article Seven (Damage or Destruction) and Article Eight (Condemnation)Section 7.1 above, Tenant shall keep at its expense throughout the Term and all portions of the Property (including structuralrenewals and extensions thereof, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment maintain in good order, condition and repair (the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, systems and equipment, electric lights, lamps, doors, floor coverings, truck doors, loading ramps, levelers, plumbing work, elevators and fixtures, interior repainting wiring, signs, and refinishingutility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as needed)and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the 5 (Single-Tenant Net Form) Initials Property Premises or any system or equipment in the Property which Premises that Tenant is obligated to repair cannot be fully repaired or restoredrepaired, Tenant shall promptly replace such portion of the Property or system or equipment in the Propertysame, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall also maintain a preventive maintenance contract providing for the regular inspection (at least semi-annual) and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractorcontractor (approved by Landlord) and provide a copy of such contract to Landlord. If any part Landlord shall have the right, upon written notice to Tenant, to undertake the responsibility for preventive maintenance of the Property is damaged by heating and air conditioning system or any act other system or omission of component at Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property’s expense. It is the Intention of Landlord and Tenant that intend that, at all times during the Term, Tenant shall maintain the portions of the Property which Tenant is obligated to maintain Premises in an attractive, first-first class and fully operative condition.

Appears in 1 contract

Samples: Lease Agreement (Website Pros Inc)

Tenant’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant shall keep all portions of the Property (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in on the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. If any part of the Property is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition.or

Appears in 1 contract

Samples: Document Sciences Corp

Tenant’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and ), Article Eight (Condemnation), Section 4.05(d) above, and Section 6,04(a) above, Tenant shall keep all portions of the Property (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as reasonably needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Landlord is not obligated to maintain and which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options)utilizing generally accepted accounting principles, the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall reasonably maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. If any part of the Property is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractivegood order, first-class condition and fully operative conditionrepair.

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com Inc)

Tenant’s Obligations. (a) Except as otherwise provided in this Lease, including, without limitation, in Section 5.03, 6.01 and 6.03, Article Seven (Damage or Destruction) and ), Article Eight (Condemnation), and Article 16 (Landscaping), Tenant shall keep all portions of the Property (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment equipment) in good god order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and . Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). , and Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. If any part Landlord shall have the right, upon written notice to Tenant, to undertake the responsibility for preventive maintenance of the Property is damaged by any act or omission of heating and air conditioning system at Tenant's expense. In addition, Tenant shall pay Landlord shall, at Tenant's expense, repair any damage to the cost roof, foundation or structural portions of repairing walls caused by Tenant's acts or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such propertyomissions. It is the Intention intention of Landlord and Tenant that that, at all times during the Lease Term, Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition. (b) Tenant shall fulfill all of Tenant's obligation under this Section 6.04 at Tenant's sole expense. If Tenant fails to maintain, repair or replace the Property as required by this Section 6.04, Landlord may, upon thirty (30) days' prior notice to Tenant (except that no notice shall be required in the case of emergency), enter the Property and perform such maintenance or repair (including replacement, as needed) on behalf of Tenant. In such case, Tenant shall reimburse Landlord for all costs incurred in performing such maintenance or repair immediately upon demand. Section 6.05.

Appears in 1 contract

Samples: Southern Electronics Corp

Tenant’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction), Section 6.03 (maintaining the roof) and Article Eight (Condemnation), Tenant shall keep all portions of the Property (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. If any part of the Property is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not nol Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition.

Appears in 1 contract

Samples: Premium Cigars International LTD

Tenant’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant shall keep all portions of the Property (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. If any part of the Property is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition.

Appears in 1 contract

Samples: Lease Agreement (Ultra Pac Inc)

Tenant’s Obligations. (a) Except as provided in Section 6.03, Article Seven (Damage or Destruction) and Article Eight (Condemnation), . Tenant shall keep all portions of the Property (including structural, . nonstructural, . interior, exterior, and landscaped areas, portions, . systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor, unless Landlord maintains such equipment under Section 6.03 above. If any part of the Property or the Project is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Chino Commercial Bancorp)

Tenant’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant shall keep all portions of the Property (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. If any part of the Property is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition. Landlord shall maintain the structural integrity of the building as well as the roofing membrane (maintenance by the Tenant) during the firm term of the lease at Landlord's expense.

Appears in 1 contract

Samples: Gametech International Inc

Tenant’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant shall keep all portions of the Property (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. If any part of the Property is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition. As it relates to any building/building system warranties in favor of Landlord, Landlord agrees to Appoint the benefit of such warranties to Tenant during the Lease Term.

Appears in 1 contract

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

Tenant’s Obligations. (a) Except as provided in Section 4.05 (c) above with respect to Landlord’s obligations for the performance of certain work at the Property that is the subject of Common Area Costs, Section 6.03 (Landlord’s Obligations) above, Article Seven (Damage or Destruction) below, and Article Eight (Condemnation)) below, Tenant Tenant, at Tenant’s sole cost and expense, shall keep all portions of the Property (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as needed)repair. If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which that Tenant is obligated to repair cannot be fully repaired or restoredrestored (in Landlord’s judgment), Tenant shall promptly replace (subject to Landlord’s right to undertake such responsibility) such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life . The cost of such replacement shall be prorated amortized (using a rate of interest reasonably determined by Landlord, but not to exceed 10%) over the remaining portion of the Lease Term (useful life as extended)reasonably determined by Landlord in a manner consistent with generally accepted accounting principles, and Tenant shall be liable only for that portion of the cost which is applicable to the remaining Lease Term (as it may be extended) (the “Useful Life Allocation”), and if the full replacement cost is initially borne by Tenant, Landlord shall reimburse Tenant or provide Tenant with a credit against future Additional Rent obligations in an amount equal to Landlord’s share of such total cost. Tenant shall maintain a preventive maintenance service contract providing for the regular inspection and maintenance of the Property’s heating and air conditioning system systems (the “HVAC Systems”) by a licensed heating and air conditioning contractor, unless Landlord is obligated to maintain all or a portion of such equipment pursuant to Section 6.03(a) above, or unless Landlord makes the election described in the next succeeding sentence. Landlord shall have the right, upon written notice to Tenant, to undertake the responsibility for preventive maintenance of all or a portion of the HVAC Systems at Tenant’s expense, the cost of which shall be paid by Tenant as Additional Rent. Notwithstanding any language to the contrary in this Section 6.04(a), Tenant shall pay the full cost of such repair or replacement of the HVAC Systems and is not entitled to the benefit of the Useful Life Allocation if Tenant has failed to obtain and maintain the preventive maintenance contracts for the HVAC Systems, as required above (and assuming Landlord has not elected to do so). If any part of the Property or the Project is damaged by any act or omission of TenantTenant (such as damage to the floor slab caused by overloading), Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such propertyproperty and without the benefit of the Useful Life Allocation. It is the Intention intention of Landlord and Tenant that that, at all times during the Lease Term, Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition. Without limiting the generality of the provisions contained above in this Section 6.04(a), Tenant agrees to repair any damage caused by the transportation and storage of its products in, on, or about the Property, including, but not limited to any damage to the Property’s concrete floor slab, adjoining concrete ramps, adjoining concrete truck apron, and adjoining concrete or asphalt parking and access areas due to the use of forklifts or other equipment or vehicles hauling Tenant’s products or otherwise, but excluding ordinary wear and tear. Tenant’s repair obligation described in the immediately preceding sentence shall include the replacement of any damaged areas of the Property or the Project, if repair is impracticable, so as to restore such areas to the condition existing prior to such damage, and in such event Tenant shall not be entitled to the benefit of the Useful Life Allocation.

Appears in 1 contract

Samples: Switch, Inc.

Tenant’s Obligations. (a) Except as provided in Section 6.03, Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant shall keep all portions of the Property (including structural, nonstructural, interior, exteriorsystems, and landscaped areas, portions, systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as neededneeded and any and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located on the Property ). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). ): Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor, unless Landlord maintains such equipment under Section 6.03 above. If any part of the Property or the Project is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition.

Appears in 1 contract

Samples: Full Line Distributors Inc

Tenant’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant shall be responsible for and shall keep all portions of the Property (including structural, nonstructural, interior, exterior, and landscaped areas, roadways, portions, systems and equipment equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant shall maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. If any part of the Property is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Dicks Sporting Goods Inc)

Tenant’s Obligations. (a) Except as provided in Section 6.03, Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant Tenant, at its sole cost, shall keep all portions of the Property (including structural, nonstructural, interior, exteriorand, if not otherwise maintained by Landlord at its election, any and landscaped areasall components of electrical, portionsmechanical, plumbing, heating, ventilating and air conditioning systems and equipment facilities (individually, a "System", collectively, the "Systems") located on the Property) in good order, condition and repair (including interior repainting and refinishing, as needed). If Landlord elects to maintain the Systems or the roof at the Property, Tenant shall pay or reimburse Landlord for all costs Landlord incurs in connection with such maintenance as Common Area Expenses as provided for in Section 4.05 above provided that Landlord may utilize any reserves collected from Tenant under Section 4.05 and specifically allocated to such costs. If any portion of the 5 (Single-Tenant Net Form) Initials Property or any system System or equipment in the Property which Tenant is obligated to repair maintain (or reimburse Landlord for the cost of maintenance in accordance herewith) cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system System or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement replacement, as determined by Landlord, extends beyond the Lease Term (as such term the same may be extended by exercise of any options), in accordance herewith) the useful life cost of such replacement shall be prorated over the remaining portion of the Lease Term (as extended)such useful life, and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as the same may be extended). If requested by Landlord, Tenant shall maintain a preventive maintenance contract acceptable to Landlord providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. Upon Landlord's request, Tenant shall provide Landlord with a copy of the preventive maintenance contract, if applicable. If any part of the Property or the Project is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay Landlord the cost of maintaining or repairing or replacing such property. It is the Intention intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Property which Tenant is obligated to maintain in an attractive, first-class and fully operative condition.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Gish Biomedical Inc)

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