Common use of Tenant’s Repair and Maintenance Obligations Clause in Contracts

Tenant’s Repair and Maintenance Obligations. Tenant shall keep, maintain and repair, at its sole cost and expense, the Premises, including, without limitation, the roof walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Premises, parking areas, sidewalks, roadways and landscaping in safe and good condition and repair, and shall make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made, in order to keep and maintain the Premises in good repair and condition, except for ordinary wear and tear and (other than for any Restoration required by the terms of this Lease) any damage to the Premises by any Major Condemnation of the Premises. Tenant shall prevent deferred maintenance from accumulating at the Premises. Landlord shall have the right to enter the Premises at reasonable times and upon reasonable notice to Tenant to perform annual inspections of the Premises to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues and any other issues which would decrease the value of the Premises once returned to Landlord at the end of the Term. Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities and every other act necessary or appropriate for the preservation and safety thereof (including, without limitation, any repairs required by Law as contemplated by Section 11), by reason or in connection with any excavation or other building operation upon the Premises, and Landlord shall have no obligation to do so. Landlord shall not be required to make any repair, replacement, maintenance or other work whatsoever, or to maintain the Premises in any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or awards for any taking to the extent provided in this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work for which it is responsible hereunder, in a good, proper and workmanlike manner. Without limiting the generality of the foregoing, Tenant shall be responsible for the performance of all maintenance and repairs of the Facilities.

Appears in 2 contracts

Samples: Master Lease (Summit Healthcare REIT, Inc), Lease Agreement (Cornerstone Core Properties REIT, Inc.)

AutoNDA by SimpleDocs

Tenant’s Repair and Maintenance Obligations. Tenant shall keep, maintain Except for Landlord’s express obligations under Section 10.1 and repair, at its sole cost and expense, the Premises, including, without limitation, the roof walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Premises, parking areas, sidewalks, roadways and landscaping in safe and good condition and repair, and shall make all repairs and replacements (substantially equivalent in quality and workmanship subject to the original work) provisions of every kind and nature, whether foreseen or unforeseen, which may be required to be made, in order to keep and maintain the Premises in good repair and conditionSection 7.3 below, except for ordinary wear and tear and (other than for any Restoration required by the terms of this Lease) any damage to the Premises by any Major Condemnation resulting from the willful misconduct of the Premises. Landlord, its employees or agents, Tenant shall prevent deferred maintenance from accumulating at the Premises. Landlord shall have the right to enter the Premises at reasonable times clean, maintain, repair and upon reasonable notice to Tenant to perform annual inspections of the Premises to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues and any other issues which would decrease the value of the Premises once returned to Landlord at the end of the Term. Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities and every other act necessary or appropriate for the preservation and safety thereof (including, without limitation, any repairs required by Law as contemplated by Section 11), by reason or in connection with any excavation or other building operation upon secure the Premises, all improvements and Landlord appurtenances thereto, all access areas thereof, and all facilities, installations and equipment used in connection therewith, and shall have no obligation to do so. Landlord shall not be required to make any repairpay all costs and expenses of so doing, replacement, maintenance or other work whatsoever, or to maintain keeping the Premises in any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or awards for any good order, repair and condition, reasonable wear and tear, and damage by casualty and taking (to the extent provided in this Lease. Tenant shallArticle X only) excepted, in all events, make all repairs, replacements and perform maintenance and consistent with other work for which it is responsible hereunder, in a good, proper and workmanlike mannerprudent owners of buildings similar to the Premises. Without limiting the generality of the foregoing, Tenant shall be responsible keep the foundation of the Building, all exterior walls, structural walls, the roof of the Building, all interior walls, floor surfaces and coverings, glass, windows, doors, and partitions, all fixtures and equipment, all interior utilities, pipes and drains and other installations used in connection with the Premises in such good order, repair and condition, shall provide all cleaning, painting and floor covering to the Premises, and shall remove all refuse from and provide its own janitorial services for the performance of Premises. Tenant shall keep in good order, condition and repair all Building systems (including the heating, ventilation, air conditioning, plumbing, electrical, utility, and safety systems). Tenant’s maintenance obligations shall also include, without limitation, gardening and repairs landscaping; snow removal; rental or lease payments paid by Tenant for rented or leased personal property used in the operation or maintenance of the FacilitiesPremises; fees for required licenses and permits required by Tenant; sweeping and striping of pavement; general maintenance; painting; lighting; and similar items. If any portion of the Premises or any system or equipment in the Premises that Tenant shall be obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Premises or system or equipment.

Appears in 1 contract

Samples: Lease Agreement (Bluestem Brands, Inc.)

Tenant’s Repair and Maintenance Obligations. Tenant shall keep, maintain and repairshall, at its Tenant's sole cost and expenseexpense (except as provided for in Section 7.3 and Section 7.5 below), (i) maintain and repair all portions of the Building Systems including, but not limited to, the sewer lines, lab waste systems, grease traps, HVAC, Building automation systems, mechanical, water, electrical, plumbing, fire/life-safety, vertical transportation and elevator systems other than any elevators in the Building which do not service the Premises, includingand low-rise fire shutters (individually, without limitationa "Building System," and collectively, the roof walls"Building Systems") that do not serve Common Areas and/or other tenant spaces, footingsincluding complying with the specifications set forth in Exhibit J, foundationsattached hereto, HVACand in accordance with the Management Standard, mechanical and electrical equipment (ii) maintain and systems in or serving the Premises and structural and nonstructural components and systems of repair the Premises, parking areasand including all improvements, sidewalksfixtures, roadways and landscaping in safe and good condition and repairequipment, interior window coverings, and shall make all repairs furnishings therein, and replacements (substantially equivalent in quality and workmanship to the original work) floor or floors of every kind and nature, whether foreseen or unforeseen, the Building on which may be required to be made, in order to keep and maintain the Premises is located in good repair and condition, except for ordinary in a manner commensurate with the Other Phase Buildings and Other Project Buildings and in a clean, safe and neat condition, subject to reasonable wear and tear tear. Notwithstanding any provision to the contrary contained in this Lease, Tenant's obligations to comply with applicable Laws are set forth in Section 24.1 below, and (other than not in this Section 7.2. Notwithstanding the foregoing, subject to Section 10.3.2.2 below, Landlord shall be responsible for any Restoration required costs incurred by the terms of this Lease) any damage to the Premises by any Major Condemnation of the Premises. Tenant shall prevent deferred maintenance from accumulating at the Premises. Landlord shall have the right to enter the Premises at reasonable times and upon reasonable notice to Tenant to perform annual inspections any work caused by the negligence or willful misconduct of the Premises any Landlord Party. Landlord hereby assigns to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues Tenant on a non-exclusive basis with Landlord all existing and any other issues which future warranties with respect to the Building Systems or otherwise that would decrease reduce Tenant's repair and/or maintenance obligations hereunder and shall cooperate with Tenant, at no out-of-pocket expense to Landlord, to enforce all such warranties. Notwithstanding the value of the Premises once returned to Landlord at the end of the Term. foregoing, if any obligation for Tenant in this Section 7.2.1 is "capital in nature", Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities and every other act necessary or appropriate for the preservation and safety thereof (including, without limitation, any repairs required by Law notify Landlord as contemplated by set forth in Section 11), by reason or in connection with any excavation or other building operation upon the Premises, 7.3 below and Landlord shall have no obligation perform such modifications pursuant to do so. Landlord shall not be required to make any repairSection 7.3, replacement, maintenance or other work whatsoever, or to maintain and the Premises in any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or awards for any taking to the extent provided in this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work for which it is responsible hereunder, in a good, proper and workmanlike manner. Without limiting the generality of the foregoing, Tenant parties shall be responsible for the performance respective costs as set forth in Section 7.3 below. At Landlord's option, if Tenant fails to perform the repair or maintenance required in this Section 7.2, Landlord may, after written notice to Tenant, and after affording Tenant a reasonable time period (not to exceed three (3) business days) within which to commence and thereafter diligently pursue the completion of such repair or maintenance, and after providing Tenant a second notice setting forth Landlord's intention to engage in self-help (except in the event of an emergency, in which case only one (1) business day notice to Tenant shall be required), but need not, perform such repairs or maintenance, and Tenant shall pay Landlord the actual third-party out-of-pocket reasonable cost thereof, including a reasonable percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and/or maintenance within thirty (30) days following Landlord's delivery of: (a) a written notice describing in reasonable detail the action taken by the Landlord, and (b) reasonably satisfactory evidence of the actual third-party out-of-pocket reasonable cost of such remedy, including a description of the contractors and materials used, a copy of all maintenance required permits and repairs governmental approvals, a copy of the Facilitiesreceipt(s) showing Landlord's payments to those providing services or materials.

Appears in 1 contract

Samples: Lease Agreement (Cytokinetics Inc)

Tenant’s Repair and Maintenance Obligations. Tenant shall keep, maintain and repair, at its sole cost and expense, the Premises, including, without limitation, the roof walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Premises, parking areas, sidewalks, roadways and landscaping in safe and good condition and repair, and shall make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made, in order to keep and maintain the Premises in good repair and condition, except for ordinary wear and tear and (other than for any Restoration required by the terms of this Lease) any damage to the Premises by any Major Condemnation of the Premises. Tenant shall prevent deferred maintenance from accumulating at the Premises. Landlord shall have the right to enter the Premises at reasonable times and upon reasonable notice to Tenant to perform annual inspections of the Premises to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues and any other issues which would decrease the value of the Premises once returned to Landlord at the end of the Term. Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities Facility as may be reasonably required and every other act reasonably necessary or appropriate for the preservation and safety thereof (including, without limitation, any repairs required by Law as contemplated by Section 11), by reason or in connection with any excavation or other building operation upon the Premises, and Landlord shall have no obligation to do so. Landlord shall not be required to make any repair, replacement, maintenance or other work whatsoever, or to maintain the Premises in any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or awards for any taking to the extent provided in this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work for which it is responsible hereunder, in a good, proper and workmanlike manner. Without limiting the generality of the foregoing, Tenant shall be responsible for the performance of all maintenance and repairs of the FacilitiesFacility.

Appears in 1 contract

Samples: Lease Agreement (Cornerstone Core Properties REIT, Inc.)

Tenant’s Repair and Maintenance Obligations. Subject to Articles 14 and 15, and except as provided in Section 10.2, Tenant shall keep, maintain and repairshall, at its Tenant's sole cost expense and expense, the Premises, including, without limitation, the roof walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Premises, parking areas, sidewalks, roadways and landscaping in safe and good condition and repair, and shall make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made, in order to keep and maintain the Premises in good repair and condition, except for ordinary wear and tear and (other than for any Restoration required by accordance with the terms of this LeaseLease (including Article 11), repair and maintain in good order and condition (reasonable wear and tear excepted) any damage to the Premises by any Major Condemnation interior of the entire Premises, including without limitation all heating, ventilation, air conditioning, plumbing, electricity, life safety, rest rooms, lavatories, and other Building systems located within the Premises. Despite the foregoing, if Landlord is responsible for construction of the improvements under the Leasehold Improvement Agreement, Tenant shall prevent deferred not be responsible for the repair of any latent defects in such improvements that Landlord was required to construct to the extent that such defects existed as of the Lease Commencement Date and were of such a nature that Tenant could not normally discover them in the exercise of reasonable diligence in Tenant's inspection of the Premises on or before the Lease Commencement Date and are reported to Landlord within one (1) year after the Commencement Date. Any repair and maintenance work affecting the Building systems shall be performed only by the contractor used by Landlord in the Real Property for such work, unless that contractor is unwilling or unable to perform the work, in which event Tenant may use the services of another qualified contractor reasonably approved by Landlord. Landlord may, but need not, make such repairs and maintenance if: (a) Tenant fails to perform any repair and maintenance obligation within thirty (30) days after written notice by Landlord to Tenant of the need for such repairs and maintenance; or (b) Tenant fails to commence any repair and maintenance obligation for which the reasonable completion period exceeds thirty (30) days, and to diligently prosecute this obligation to completion. Within thirty (30) days after a written demand from accumulating Landlord (including a reasonably particularized statement), Tenant shall pay Landlord Landlord's reasonable, actual, out-of-pocket costs incurred in connection with the repairs and maintenance plus interest at the PremisesLease Rate from the date these costs are incurred until the date of Tenant's repayment. Despite any other provision of this Section 10.1, in the event of an emergency Landlord shall have the right to enter the Premises at reasonable times perform any Tenant repair and upon reasonable notice to maintenance obligation that Tenant fails to perform annual inspections of the Premises to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues and any other issues which would decrease the value of the Premises once returned to Landlord at the end of the Termpromptly. Within thirty (30) days after written demand (including a reasonably particularized statement), Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities and every other act necessary or appropriate for the preservation and safety thereof (including, without limitation, any repairs required by Law as contemplated by Section 11), by reason or pay Landlord Landlord's reasonable costs incurred in connection with any excavation or other building operation upon the Premises, repair and Landlord shall have no obligation to do so. Landlord shall not be required to make any repair, replacement, maintenance or other work whatsoever, or to maintain the Premises in any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or awards for any taking to the extent provided in this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work for which it is responsible hereunder, in a good, proper and workmanlike manner. Without limiting the generality of the foregoing, Tenant shall be responsible for the performance of all maintenance and repairs of the Facilitiesobligation.

Appears in 1 contract

Samples: Office Lease (National Information Group)

Tenant’s Repair and Maintenance Obligations. Tenant shall keep, maintain and repairshall, at its sole cost and Tenant's own expense, the Premises, including, without limitation, the roof walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Premises, parking areas, sidewalks, roadways and landscaping in safe and good condition and repair, and shall make all repairs and replacements (substantially equivalent in quality and workmanship pursuant to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made, in order to keep and maintain the Premises in good repair and condition, except for ordinary wear and tear and (other than for any Restoration required by the terms of this Lease) , including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures, equipment, interior window coverings, and furnishings therein, and the floor or floors of the Building on which the Premises is located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the terms of this Lease, including Article 8 below, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception (and which are not covered by any Major Condemnation Landlord's Warranty), except for damage caused by ordinary wear and tear or beyond the reasonable control of the Premises. Tenant; provided however, that, at Landlord's option, only if Tenant shall prevent deferred maintenance from accumulating at the Premises. fails to make such repairs, Landlord shall have the right to enter the Premises at reasonable times and upon reasonable may, after written notice to Tenant and Tenant's failure to perform annual inspections repair within five (5) business days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the Premises cost thereof (not to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues and any other issues which would decrease the value exceed three percent (3%) of the Premises once returned cost of such work, to Landlord at the end of the Term. Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities and every other act necessary or appropriate be uniformly established for the preservation and safety thereof (includingBuildings and/or the Project) sufficient to reimburse Landlord for all overhead, without limitationgeneral conditions, any repairs required by Law as contemplated by Section 11), by reason or in connection with any excavation or other building operation upon the Premises, and Landlord shall have no obligation to do so. Landlord shall not be required to make any repair, replacement, maintenance or other work whatsoever, or to maintain the Premises in any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or awards for any taking to the extent provided in this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance fees and other work costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for which it is responsible hereunder, in a good, proper and workmanlike manner. Without limiting the generality of the foregoing, Tenant shall be responsible for the performance of all maintenance and repairs of the Facilitiessame.

Appears in 1 contract

Samples: Office Lease (8x8 Inc /De/)

Tenant’s Repair and Maintenance Obligations. Tenant shall keep, maintain and repair, at its sole cost and expense, the Premises, including, without limitation, the roof walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Premises, parking areas, sidewalks, roadways and landscaping in safe and good condition and repair, and shall make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made, in order to keep and maintain the Premises in good repair and condition, except for ordinary wear and tear and (other than for any Restoration required by the terms of this Lease) any damage to the Premises by any Major Condemnation of the Premises. Tenant shall prevent deferred maintenance from accumulating at the Premises. Landlord shall have the right to enter the Premises at reasonable times and upon reasonable at least twenty-four (24) hours’ notice to Tenant to perform annual inspections of the Premises to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues and any other issues which would decrease the value of the Premises once returned to Landlord at the end of the Term. Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities Facility and every other act necessary or appropriate for the preservation and safety thereof (including, without limitation, any repairs required by Law as contemplated by Section 11), by reason or in connection with any excavation or other building operation upon the Premises, and Landlord shall have no obligation to do so. Landlord shall not be required to make any repair, replacement, maintenance or other work whatsoever, or to maintain the Premises in any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or awards for any taking to the extent provided in this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work for which it is responsible hereunder, in a good, proper and workmanlike manner. Without limiting the generality of the foregoing, Tenant shall be responsible for the performance of all maintenance and repairs of the FacilitiesFacility.

Appears in 1 contract

Samples: Lease Agreement (Cornerstone Core Properties REIT, Inc.)

Tenant’s Repair and Maintenance Obligations. Tenant shall keep, maintain and repairshall, at its Tenant's sole cost and expense, in a manner consistent with the Management Standard, (i) maintain, repair and improve, and pursuant to the specifications set forth in Exhibit H, attached hereto, all portions of the Building systems including the mechanical, electrical, plumbing, sprinkler and HVAC systems exclusively serving the Premises, includingprovided, without limitationhowever, the roof walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Premises, parking areas, sidewalks, roadways and landscaping in safe and good condition and repair, and shall make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made, in order to keep and maintain the Premises in good repair and condition, except for ordinary wear and tear and (other than for any Restoration required by the terms of this Lease) any damage to the Premises by any Major Condemnation of the Premises. Tenant shall prevent deferred maintenance from accumulating at the Premises. Landlord shall have the right to enter the Premises at reasonable times and upon reasonable notice to Tenant to perform annual inspections of the Premises to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues and any other issues which would decrease the value of the Premises once returned to Landlord at the end of the Term. Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities and every other act necessary or appropriate for the preservation and safety thereof (including, without limitation, any repairs required by Law as contemplated by Section 11), by reason or in connection with any excavation or other building operation upon the Premises, and Landlord shall have no obligation to do somaintain, repair or improve the fire life safety systems (individually, a "Tenant Building System," and collectively, the "Tenant Building Systems"), and (ii) maintain, repair and improve the Premises, including all improvements, fixtures, equipment, interior window coverings, and flooring, furnishings therein. Upon request by Tenant, Landlord shall not be required agrees to make diligently enforce (or if assignable to Tenant, to assign to Tenant) any repair, replacement, maintenance or other work whatsoever, or warranties relating to maintain the Premises in Tenant's Building Systems. Notwithstanding any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or awards for any taking provision to the extent provided contrary contained in this Lease, Tenant's obligations to comply with applicable Laws are set forth in Section 24.1 below, and not in this Section 7.2. At Landlord's option, if Tenant shallfails to make such repairs or improvements as required in this Section 7.2 with respect to Tenant's Building Systems, Landlord may, after written notice to Tenant, and after affording Tenant a reasonable time period within which to conduct such repair or improvement, and after providing Tenant a second notice setting forth Landlord's intention to engage in self-help (except in the event of an emergency, in all events, make all repairs, replacements and perform maintenance and other work for which it is responsible hereunder, in a good, proper and workmanlike manner. Without limiting the generality of the foregoing, case no notice to Tenant shall be responsible for required), but need not, make such repairs and improvements to the performance of all maintenance Tenant Building Systems, and repairs Tenant shall pay Landlord the reasonable cost thereof, including a reasonable percentage of the Facilitiescost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and improvements forthwith upon being billed for same. Except as set forth in Section 7.4 below, Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Office Lease (INPHI Corp)

Tenant’s Repair and Maintenance Obligations. Tenant shall keep, maintain and repairshall, at its Tenant’s sole cost expense and expense, the Premises, including, without limitation, the roof walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Premises, parking areas, sidewalks, roadways and landscaping in safe and good condition and repair, and shall make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made, in order to keep and maintain the Premises in good repair and condition, except for ordinary wear and tear and (other than for any Restoration required by accordance with the terms of this LeaseLease (including Article 11), keep the Premises (including all Tenant Improvements, Alterations, fixtures, and furnishings) in good order, repair, and condition at all times during the Lease Term normal wear and tear excepted. Under Landlord’s supervision, subject to Landlords prior approval, and within any reasonable period specified by Landlord, Tenant shall, at Tenant’s sole expense and in accordance with the terms of this Lease (including Article 11) promptly and adequately repair all damage to the Premises by any Major Condemnation and replace or repair all damaged or broken fixtures and appurtenances. At Landlord’s option or if Tenant fails to make such repairs, Landlord may, but need not, make the repairs and replacements. On receipt of the Premises. an invoice from Landlord, Tenant shall prevent deferred maintenance from accumulating at the Premises. pay Landlord shall have the right to enter the Premises at reasonable times and upon reasonable notice to Tenant to perform annual inspections of the Premises to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues and any other issues which would decrease the value of the Premises once returned to Landlord at the end of the Term. Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities and every other act necessary or appropriate for the preservation and safety thereof (including, without limitation, any repairs required by Law as contemplated by Section 11), by reason or Landlord’s out-of-pocket costs incurred in connection with any excavation or other building operation upon such repairs and replacements plus a percentage of such costs, to be uniformly established for the PremisesBuilding, sufficient to reimburse Landlord for all overhead, general conditions, fees, and Landlord shall have no obligation other costs and expenses arising from Landlord’s involvement with such repairs and replacements. Tenant waives and releases its rights, including its right to do somake repairs at Landlord’s expense, under California Civil Code sections 1941-1942 or any similar law, statute, or ordinance now or hereafter in effect. Landlord Notwithstanding the foregoing to the contrary, Tenant shall not be required obligated to make any repairreplacement of any fixture,appurtenance, replacementstructural element or system (i.e., maintenance roof, floor, HVAC, plumbing, electrical, piping, wiring) or any capital improvement (other work whatsoeverthan Tenant Improvements installed by Tenant), unless such replacement or to maintain the Premises in any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds capital improvement is made necessary by Tenant’s negligence or awards for any taking to the extent provided in this Lease. Tenant shall, in all events, make all repairs, replacements wilful misconduct and perform maintenance not of just ordinary and other work for which it is responsible hereunder, in a good, proper normal wear and workmanlike manner. Without limiting the generality of the foregoing, Tenant shall be responsible for the performance of all maintenance and repairs of the Facilitiestear.

Appears in 1 contract

Samples: Office Lease (Inpixon)

Tenant’s Repair and Maintenance Obligations. During the tern of this Lease Tenant shall keep, maintain and repairshall, at its Tenant's sole cost expense and expense, the Premises, including, without limitation, the roof walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Premises, parking areas, sidewalks, roadways and landscaping in safe and good condition and repair, and shall make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made, in order to keep and maintain the Premises in good repair and condition, except for ordinary wear and tear and (other than for any Restoration required by accordance with the terms of this Lease, inaintain, keep in good order, repair and condition (wear and tear excepted) and make all replacements to: (a) The nonstructural portions of the Premises (including all Tenant Improvements, Alterations, fixtures and furnishings). (b) The electrical, plumbing, fire/life safety, sanitary, data/communication, security and other mechanical systems that are located within or exclusively serve the Premises but excluding those systems which Landlord is to maintain as specifically provided in Section 12.2 (e). (c) Repairs or replacements to the Premises, the Building or the Real Property which would otherwise be Landlord's obligation under Section 12.2 required or necessitated as the result of: (i) Tenant's misuse, (ii) any damage act, or negligent omission of Tenant, its agents, employees, invitees, licensees or contractors, or (iii) defects, failures, deficiencies, errors or omissions in the design, or as the result of defective workmanship and materials pertaining to the heating, ventilating, and air conditioning system installed within the Premises by any Major Condemnation Tenant as a part of the PremisesTenant Improvements. Tenant shall prevent deferred maintenance from accumulating at the Premises. Landlord shall have the right to enter the Premises at reasonable times and upon reasonable notice to Tenant to perform annual inspections of the Premises to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues and any other issues which would decrease the value of the Premises once returned to Landlord at the end of the Term. Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities and every other act necessary or appropriate for the preservation and safety thereof (including, without limitation, any repairs required by Law as contemplated by Section 11), by reason or in connection with any excavation or other building operation upon the Premises, and Landlord shall have no obligation to do so. Landlord shall not be required to make any Any repair, replacement, maintenance or other replacement work whatsoeverwhich shall be the obligation of Tenant under this Section 12.1 (c) affecting the structural integrity of the Building, the Building Systems as defined in Section 12.2(d), the heating, ventilating, air conditioning and fire sprinkler systems within the Premises referred to in Section 12.2 (e), or the exterior appearance of the Building shall be performed only by a contractor designated by Landlord to perform the work. If Tenant fails to maintain the Premises in accordance with the terms of this Section 12.1, or fails to make the required repairs or replacements thereto within thirty (30) days after receipt of written notice from Landlord of the need for such repairs or replacements (or fails to commence any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds repair or awards for any taking to the extent provided in this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work replacement obligation for which it is responsible hereunderthe reasonable completion time exceeds thirty (30) days, in a goodand to diligently prosecute this obligation to completion), proper Landlord may, but need not, perform such maintenance, repair or replacement obligation for and workmanlike manneron behalf of Tenant. Without limiting the generality On receipt of the foregoingan invoice from Landlord, Tenant shall pay Landlord's out-of-pocket costs incurred in connection with such maintenance, repairs and replacements plus ten percent (10%) of such costs, to be responsible uniformly established for the performance Building, sufficient to reimburse Landlord for all overhead, general conditions, fees and other cost and expenses arising from Landlord's involvement with such maintenance, repairs and replacements. The provisions of all maintenance this Section 12.1 shall not apply in the event of damage or destruction by any Casualty or Condemnation in which event the obligations of Landlord and repairs of the FacilitiesTenant shall be as set forth in Articles 16 and 17.

Appears in 1 contract

Samples: Lease Agreement (Starent Networks, Corp.)

Tenant’s Repair and Maintenance Obligations. Tenant shall keep, maintain and repair, at its sole cost and expense, the Premises, including, without limitation, the roof walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Premises, parking areas, sidewalks, roadways and landscaping in safe and good condition and repair, and shall make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made, in order to keep and maintain the Premises in good repair and condition, except for ordinary wear and tear and (other than for any Restoration required by the terms of this Lease) any damage to the Premises by any Major Condemnation of the Premises. Tenant shall prevent deferred maintenance from accumulating at the Premises. Landlord shall have the right to enter the Premises at reasonable times and upon reasonable notice to Tenant to perform annual inspections of the Premises to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues and any other issues which would decrease the value of the Premises once returned to Landlord at the end of the Term. Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities Facility as may be reasonably requested and every other act reasonably necessary or appropriate for the preservation and safety thereof (including, without limitation, any repairs required by Law as contemplated by Section 11), by reason or in connection with any excavation or other building operation upon the Premises, and Landlord shall have no obligation to do so. Landlord shall not be required to make any repair, replacement, maintenance or other work whatsoever, or to maintain the Premises in any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or awards for any taking to the extent provided in this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work for which it is responsible hereunder, in a good, proper and workmanlike manner. Without limiting the generality of the foregoing, Tenant shall be responsible for the performance of all maintenance and repairs of the FacilitiesFacility.

Appears in 1 contract

Samples: Lease (Summit Healthcare REIT, Inc)

Tenant’s Repair and Maintenance Obligations. (Section 11.1). The fourth sentence of Section 11.1 is deemed deleted and the following is deemed inserted in place thereof: At Landlord's option or if Tenant fails to make such repairs, Landlord may, but need not, make the repairs and replacements. On receipt of an invoice from Landlord, and provided such repairs and replacements were not necessary as a result of the negligence or willful misconduct of Landlord, its agents, employees, or contractors, Tenant shall keeppay Landlord Landlord's out of pocket costs incurred in connection with such repairs and replacements plus a reasonable amount to reimburse Landlord for all overhead, maintain general conditions, fees, and repairother costs and expenses arising from Landlord's involvement with such repairs and replacements. Notwithstanding anything contained to the contrary in Section 11.1 above or this Section 11.2, at its sole cost Tenant shall have the limited right to make emergency repairs to the Premises subject to Tenant's good faith effort to first notify Landlord of the need for such repairs and expensethereafter allowing Landlord a reasonable period of time within which to make the emergency repairs. If Tenant performs any emergency repairs, the Premises, including, without limitation, repairs shall be made only to the roof walls, footings, foundations, HVAC, mechanical and electrical equipment and systems extent necessary to prevent or minimize imminent injury or harm to persons or property in or serving about the Premises or to permit Tenant to continue to or to re-commence the conduct of business in the Premises and structural Landlord shall, within thirty (30) days of Landlord's receipt of an invoice therefor, reimburse Tenant for all costs and nonstructural components expenses reasonably incurred and systems of the Premises, parking areas, sidewalks, roadways and landscaping actually paid by Tenant in safe and good condition and repair, and shall make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made, in order to keep and maintain the Premises in good repair and condition, except for ordinary wear and tear and (other than for any Restoration required by the terms of this Lease) any damage to the Premises by any Major Condemnation of the Premisesconnection therewith. Tenant shall prevent deferred maintenance from accumulating at the Premises. Landlord shall have the no right to enter offset or deduct the Premises at reasonable times and upon reasonable notice to Tenant to perform annual inspections amount of the Premises to ensure that the Premises are maintained in good working order and that the Premises are free such emergency repairs from maintenance issues and any other issues which would decrease the value of the Premises once returned to Landlord at the end of the Term. Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities and every other act necessary or appropriate for the preservation and safety thereof (includingBasic Rent, without limitation, any repairs required by Law as contemplated by Section 11), by reason or in connection with any excavation Additional Rent or other building operation upon the Premises, and amount owed Landlord shall have no obligation to do so. Landlord shall not be required to make any repair, replacement, maintenance or other work whatsoever, or to maintain the Premises in any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or awards for any taking to the extent provided in under this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work for which it is responsible hereunder, in a good, proper and workmanlike manner. Without limiting the generality of the foregoing, Tenant shall be responsible for the performance of all maintenance and repairs of the Facilities.

Appears in 1 contract

Samples: Addendum to Lease (Acc Consumer Finance Corp)

Tenant’s Repair and Maintenance Obligations. Subject to Articles 14 and 15, and except as provided in Section 10.2, Tenant shall keep, maintain and repairshall, at its Tenant's sole cost expense and expense, the Premises, including, without limitation, the roof walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Premises, parking areas, sidewalks, roadways and landscaping in safe and good condition and repair, and shall make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made, in order to keep and maintain the Premises in good repair and condition, except for ordinary wear and tear and (other than for any Restoration required by accordance with the terms of this LeaseLease (including Article 11), repair and maintain in good order and condition (reasonable wear and tear excepted) any damage to the Premises by any Major Condemnation interior of the entire Premises, including without limitation all heating, ventilation, air conditioning, plumbing, electricity, life safety, rest rooms, lavatories, and other Building systems located within the Premises. Tenant shall prevent deferred maintenance from accumulating at the Premises. Landlord shall have the right to enter the Premises at reasonable times and upon reasonable notice to Tenant to perform annual inspections of the Premises to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues and any other issues which would decrease the value of the Premises once returned to Landlord at the end of the Term. Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities and every other act necessary or appropriate for the preservation and safety thereof (including, without limitation, any repairs required by Law as contemplated by Section 11), by reason or in connection with any excavation or other building operation upon the Premises, and Landlord shall have no obligation to do so. Landlord shall not be required to make any repair, replacement, maintenance or other work whatsoever, or to maintain the Premises in any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or awards for any taking to the extent provided in this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work for which it is responsible hereunder, in a good, proper and workmanlike manner. Without limiting the generality of Despite the foregoing, if Landlord is responsible for construction of the improvements under the Leasehold Improvement Agreement, Tenant shall not be responsible for the performance repair of all maintenance and repairs any latent defects in such improvements that Landlord was required to construct to the extent that such defects existed as of the Facilities.Lease Commencement Date and were of such a nature that Tenant could not normally discover them in the exercise of reasonable diligence in Tenant's inspection of the Premises on or before the Lease Commencement Date and are reported to Landlord within one (1) year after the Commencement Date. Any repair and maintenance work affecting the Building systems shall be performed only by the contractor used by Landlord in the Real Property for such work, unless that contractor is unwilling or unable to perform the work, in which event Tenant may use the services of another qualified contractor reasonably approved by Landlord. Landlord may, but need not, make such repairs and maintenance if: (a) Tenant fails to perform any repair and maintenance obligation within thirty (30) days after written notice by Landlord to Tenant of the need for such repairs and maintenance; or

Appears in 1 contract

Samples: Office Lease (National Insurance Group /Ca/)

Tenant’s Repair and Maintenance Obligations. Tenant shall keep(a) You will, at your own cost and expense, keep and maintain all parts of the Premises in a good, clean, safe and sanitary condition, promptly making all necessary repairs and replacement, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original, including but not limited to, windows, glass and plate glass (other than damage to plate glass caused by a windstorm and other than damage caused by a Landlord Party), doors, any special office entries, interior walls and finish work, floors and floor coverings, heating and air conditioning systems (subject to Section 24.4 of this Lease), electrical systems and fixtures, sprinkler systems, life safety systems and equipment, water heaters, dock board, truck doors, dock bumpers, and plumbing work and fixtures. As part of your obligation hereunder, you will keep the whole of the Premises in a clean and sanitary condition including any dumpster areas, dumpsters and roll away dumpsters. You will as far as possible keep all parts of the Premises from deteriorating, ordinary wear and tear excepted, and from falling temporarily out of repair, and upon termination of this Lease in any way, you will yield up the Premises to Landlord in its Exit Condition. Other than as set forth in an approved Renovation Plan, you may not damage any dividing wall or disturb the integrity and supports provided by any demising wall and will, at its your sole cost and expense, the Premisesproperly repair any damage or injury to any demising wall caused by you or your employees, includingagents or invitees, without limitationor, the roof wallsat Landlord’s option where such damage requires access to an adjacent premises, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Premises, parking areas, sidewalks, roadways and landscaping in safe and good condition and repair, and shall make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which such damage may be required to be maderepaired by Landlord and you will pay as additional rent the cost of such repair. You will, in order to keep at your own cost and maintain expense, as additional rent, pay for the Premises in good repair and condition, except for ordinary wear and tear and (other than for any Restoration required by the terms of this Lease) any damage to the Premises, the Building, or the Development resulting from and/or caused in whole or in part by your negligence or misconduct, or the negligence or misconduct of your agents, servants, employees, patrons, customers, or any other person entering upon the Development as a result of your business activities or caused by your default hereunder. (b) At your cost and expense, you agree to enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor reasonably approved by Landlord, for servicing all heating and air conditioning systems and equipment servicing the Premises and an executed copy of such contract will be delivered to Landlord. This service contract must include all services suggested by any Major Condemnation the equipment manufacturer within the operations/maintenance manual and must become effective within thirty days immediately following the date you take possession of the Premises. Tenant shall prevent deferred maintenance from accumulating at the Premises. Landlord shall have the right to enter the Premises at reasonable times and upon reasonable notice to Tenant to perform annual inspections (See Section 24.4 of the Premises to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues and any other issues which would decrease the value of the Premises once returned to Landlord at the end of the Term. Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities and every other act necessary or appropriate this Lease for the preservation and safety thereof (including, without limitation, any repairs required by Law as contemplated by Section 11), by reason or in connection with any excavation or other building operation upon the Premises, and Landlord shall have no Landlord’s obligation to do so. Landlord shall not be required to make any repair, replacement, maintenance or other work whatsoever, or to maintain put the Premises Building Two HVAC units in any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or awards for any taking to the extent provided in this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work for which it is responsible hereunder, in a good, proper and workmanlike manner. Without limiting the generality of the foregoing, Tenant shall be responsible for the performance of all maintenance and repairs of the Facilitiesworking order).

Appears in 1 contract

Samples: Lease Agreement (MAKO Surgical Corp.)

AutoNDA by SimpleDocs

Tenant’s Repair and Maintenance Obligations. Tenant shall keep, maintain and repairshall, at its Tenant's sole cost and expense, the Premises, including, without limitation, the roof walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Premises, parking areas, sidewalks, roadways and landscaping in safe and good condition and repair, and shall make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made, in order to keep and maintain the Premises in good repair and conditionin a first-class condition consistent with typical practice for Comparable Buildings, except for ordinary wear (i) maintain, repair and tear improve, and (other than for any Restoration required by the terms of this Lease) any damage pursuant to the Premises by any Major Condemnation specifications set forth in Exhibit K, attached hereto, all portions of the Premises. Tenant shall prevent deferred maintenance from accumulating at Building systems including the Premises. mechanical, electrical, fire, fire suppression, life-safety, plumbing, sprinkler and HVAC systems installed by Landlord shall have prior to the right to enter Lease Commencement Date (individually, a "Building System," and collectively, the Premises at reasonable times and upon reasonable notice to Tenant to perform annual inspections of the Premises to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues and any other issues which would decrease the value of the Premises once returned to Landlord at the end of the Term. Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities and every other act necessary or appropriate for the preservation and safety thereof (including, without limitation, any repairs required by Law as contemplated by Section 11"Building Systems"), by reason or in connection with any excavation or other building operation upon (ii) maintain, repair and improve the Premises, including the roof membrane and all improvements, fixtures, equipment, interior window coverings, and flooring, furnishings therein, and (iii) maintain and repair the exterior of the Building and the exterior areas of the Building, including sidewalks and curbcuts, replacement of windows and windows seals, and including graffiti removal and exterior building painting. Upon request by Tenant, Landlord agrees to diligently enforce (or if assignable to Tenant, to assign to Tenant) any warranties relating to the Building Systems and exterior of the Building (e.g., windows) to be maintained by Tenant. Notwithstanding any provision to the contrary contained in this Lease, Tenant's obligations to comply with Applicable Laws are set forth in Section 24.1 below, and not in this Section 7.2. Notwithstanding the foregoing, if any obligation of Tenant in this Section 7.2.1 is "capital in nature", Tenant shall notify Landlord as set forth in Section 7.3 below and Landlord shall have no obligation perform such modifications pursuant to do so. Landlord shall not be required to make any repairSection 7.3, replacement, maintenance or other work whatsoever, or to maintain and the Premises in any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or awards for any taking to the extent provided in this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work for which it is responsible hereunder, in a good, proper and workmanlike manner. Without limiting the generality of the foregoing, Tenant parties shall be responsible for the performance respective costs as set forth in Sections 7.3 below. At Landlord's option, if Tenant fails to make such repairs or improvements as required in this Section 7.2 with respect to the Building Systems, Landlord may, after written notice to Tenant, and after affording Tenant a reasonable time period within which to conduct such repair or improvement, and after providing Tenant a second notice setting forth Landlord's intention to engage in self-help (except in the event of all maintenance an emergency, in which case no notice to Tenant shall be required), but need not, make such repairs and repairs improvements to the Building Systems, and Tenant shall pay Landlord the reasonable cost thereof, including a reasonable percentage of the Facilitiescost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and improvements forthwith upon being billed for same. Except as set forth in Section 7.4 below, Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Office Lease (SoFi Technologies, Inc.)

Tenant’s Repair and Maintenance Obligations. Tenant shall keep, maintain and repairshall, at its sole cost and Tenant's own expense, the Premises, including, without limitation, the roof walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Premises, parking areas, sidewalks, roadways and landscaping in safe and good condition and repair, and shall make all repairs and replacements (substantially equivalent in quality and workmanship pursuant to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made, in order to keep and maintain the Premises in good repair and condition, except for ordinary wear and tear and (other than for any Restoration required by the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures, equipment, interior window coverings, and furnishings therein, and the floor or floors of the Building on which the Premises is located, in good order, repair and condition (subject to reasonable wear and tear) any at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, pursuant to the terms of this Lease, including Article 8 below, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems, except pursuant to the BS/BS Exception (and which are not covered by any Major Condemnation Landlord's Warranty), except for damage caused by ordinary wear and tear or beyond the reasonable control of the Premises. Tenant; provided however, that, at Landlord's option, or if Tenant shall prevent deferred maintenance from accumulating at the Premises. fails to make such repairs, Landlord shall have the right to enter the Premises at reasonable times and upon reasonable may, after written notice to Tenant and Tenant's failure to perform annual inspections repair within fifteen (15) business days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the actual and reasonable out of pocket cost thereof, and a percentage of the Premises cost thereof (not to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues and any other issues which would decrease the value exceed three percent (3%) of the Premises once returned cost of such work, to Landlord at the end of the Term. Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities and every other act necessary or appropriate be uniformly established for the preservation and safety thereof (includingBuilding and/or the Project) sufficient to reimburse Landlord for all overhead, without limitationgeneral conditions, any repairs required by Law as contemplated by Section 11), by reason or in connection with any excavation or other building operation upon the Premises, and Landlord shall have no obligation to do so. Landlord shall not be required to make any repair, replacement, maintenance or other work whatsoever, or to maintain the Premises in any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or awards for any taking to the extent provided in this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance fees and other work costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for which it is responsible hereunder, in a good, proper and workmanlike manner. Without limiting the generality of the foregoing, Tenant shall be responsible for the performance of all maintenance and repairs of the Facilitiessame.

Appears in 1 contract

Samples: Office Lease (Roku, Inc)

Tenant’s Repair and Maintenance Obligations. Tenant shall keep, maintain and repairshall, at its Tenant's sole cost expense and expense, the Premises, including, without limitation, the roof walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Premises, parking areas, sidewalks, roadways and landscaping in safe and good condition and repair, and shall make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made, in order to keep and maintain the Premises in good repair and condition, except for ordinary wear and tear and (other than for any Restoration required by accordance with the terms of this LeaseLease (including Article 12), keep the Premises (including all tenant improvements, Alterations, fixtures, and furnishings) any in good order, repair, and condition at all times during the Lease Term. Tenant shall, at Tenant's sole expense and in accordance with the terms of this Lease (including Article 12) promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and other leasehold improvements. At Landlord's option or if Tenant fails to make such repairs, Landlord may, but need not, make the repairs and replacements. On receipt of an invoice from Landlord, Tenant shall pay Landlord out-of-pocket costs incurred by Landlord in connection with such repairs and replacements plus a percentage of such costs, to be uniformly established for the Project, sufficient to reimburse Landlord for all overhead, general conditions, fees, and other costs and expenses arising from Landlord's involvement with such repairs and replacements. Tenant waives and releases its rights, including its right to make repairs at Landlord's expense, under California Civil Code sections 1941-1942 or any Major Condemnation similar law, statute, or ordinance now or hereafter in effect. Tenant shall keep the walkways immediately adjacent to its Premises broom clean during normal business hours. Tenant shall keep all walkways clear of Tenant’s personal property and free of unreasonable accumulation of debris resulting from Tenant’s use or occupancy of the Premises; removal of gardening and landscaping debris shall be excepted from this requirement. Tenant shall prevent deferred maintenance from accumulating at the Premises. Landlord shall have the right to enter the Premises at reasonable times and upon reasonable notice to Tenant to perform annual inspections dispose of the Premises to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues and any other issues which would decrease the value of the Premises once returned to Landlord at the end of the Term. Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities and every other act necessary or appropriate for the preservation and safety thereof (includingrubbish, without limitation, any repairs required by Law as contemplated by Section 11), by reason or in connection with any excavation or other building operation upon the Premisesgarbage, and Landlord shall have no obligation to do soother waste in a clean and sanitary manner in accordance with Laws and Orders, using the provided dumpster and related receptacles. Landlord Hazardous Material shall not be required to make any repair, replacement, maintenance or other work whatsoever, or to maintain the Premises in any way. Nothing disposed of in the preceding sentence dumpster or related receptacles. Waste generated off premises shall not be deposited in the dumpster or anywhere else on the Property. Materials that are recyclable under any recycling program applicable to the Property shall be deemed to preclude Tenant from being entitled to insurance proceeds or awards for any taking to deposited in accordance with the extent provided in this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work for which it is responsible hereunder, in a good, proper and workmanlike manner. Without limiting the generality applicable rules of the foregoing, Tenant shall be responsible for recycling program in the performance of all maintenance and repairs of the Facilitiesprovided recycling receptacles.

Appears in 1 contract

Samples: Lease (Spectranetics Corp)

Tenant’s Repair and Maintenance Obligations. During the tern of this Lease Tenant shall keep, maintain and repairshall, at its Tenant's sole cost expense and expense, the Premises, including, without limitation, the roof walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Premises, parking areas, sidewalks, roadways and landscaping in safe and good condition and repair, and shall make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made, in order to keep and maintain the Premises in good repair and condition, except for ordinary wear and tear and (other than for any Restoration required by accordance with the terms of this Lease, maintain, keep in good order, repair and condition (wear and tear excepted) and make all replacements to: (a) The nonstructural portions of the Premises (including all Tenant Improvements, Alterations, fixtures and furnishings). (b) The electrical, plumbing, fire/life safety, sanitary, data/communication, security and other mechanical systems that are located within or exclusively serve the Premises but excluding those systems which Landlord is to maintain as specifically provided in Section 12.2 (e). (c) Repairs or replacements to the Premises, the Building or the Real Property which would otherwise be Landlord's obligation under Section 12.2 required or necessitated as the result of: (i) Tenant's misuse, (ii) any damage act, omission or negligence of Tenant, its agents, employees, invitees, licensees or contractors, or (iii) defects, failures, deficiencies, errors or omissions in the design, or as the result of defective workmanship and materials pertaining to the heating, ventilating, and air conditioning system installed within the Premises by any Major Condemnation Tenant as a part of the PremisesTenant Improvements. Tenant shall prevent deferred maintenance from accumulating at the Premises. Landlord shall have the right to enter the Premises at reasonable times and upon reasonable notice to Tenant to perform annual inspections of the Premises to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues and any other issues which would decrease the value of the Premises once returned to Landlord at the end of the Term. Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities and every other act necessary or appropriate for the preservation and safety thereof (including, without limitation, any repairs required by Law as contemplated by Section 11), by reason or in connection with any excavation or other building operation upon the Premises, and Landlord shall have no obligation to do so. Landlord shall not be required to make any Any repair, replacement, maintenance or other replacement work whatsoeverwhich shall be the obligation of Tenant under this Section 12.1 (c) affecting the structural integrity of the Building, the Building Systems as defined in Section 12.2(d), the heating, ventilating, air conditioning and fire sprinkler systems within the Premises referred to in Section 12.2 (e), or the exterior appearance of the Building shall be performed only by a contractor designated by Landlord to perform the work. If Tenant fails to maintain the Premises in accordance with the terms of this Section 12.1, or fails to make the required repairs or replacements thereto within thirty (30) days after receipt of written notice from Landlord of the need for such repairs or replacements (or fails to commence any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds repair or awards for any taking to the extent provided in this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work replacement obligation for which it is responsible hereunderthe reasonable completion time exceeds thirty (30) days, in a goodand to diligently prosecute this obligation to completion), proper Landlord may, but need not, perform such maintenance, repair or replacement obligation for and workmanlike manneron behalf of Tenant. Without limiting the generality On receipt of the foregoingan invoice from Landlord, Tenant shall pay Landlord's reasonable out-of-pocket costs incurred in connection with such maintenance, repairs and replacements plus a percentage of such costs, to be responsible uniformly established for the performance Building (but not in excess of ten percent [10%]), sufficient to reimburse Landlord for all maintenance overhead, general conditions, fees and other cost and expenses arising from Landlord's involvement with such maintenance, repairs and replacements. The provisions of this Section12.1 shall not apply in the Facilitiesevent of damage or destruction by any Casualty or Condemnation in which event the obligations of Landlord and Tenant shall be as set forth in Articles 16 and 17.

Appears in 1 contract

Samples: Sublease Agreement (Starent Networks, Corp.)

Tenant’s Repair and Maintenance Obligations. Tenant shall keepExcept for maintenance, maintain replacements and repairrepairs required to be made or provided by Landlord under Sections 7.1 or 7.4, Tenant, at its sole cost and expense, shall provide for the maintenance, repair and replacement within the Premises and all built-in appliances and equipment which are in the Premises for Tenant's exclusive use and any security systems or services desired by Tenant in addition to any such systems or services as may be provided by Landlord under this Lease. In performing its obligations under this Section 7, Tenant, at Tenant's expense, shall comply with all Environmental Laws and all other applicable laws, ordinances, codes, orders, rules or regulations of any governmental authority. Tenant shall retain, and shall provide Landlord upon request, copies of Tenant's maintenance and service contract(s). Except as provided in Section 9 in connection with Alterations, before making or performing any work, repairs, or replacement of any kind in the Premises, includingif such work shall affect the building systems or costs of operation to Landlord then Tenant shall obtain Landlord's prior written approval, without limitationwhich approval may be conditioned, the roof wallson Tenant providing Landlord with plans and specifications therefor, footingsif applicable, foundationswhich are reasonably acceptable to Landlord. All work, HVACmaintenance, mechanical repairs and electrical replacements by Tenant under this Lease shall be performed by licensed contractors acceptable to Landlord. Tenant shall provide Landlord with copies of all contracts or purchase orders, for such work, maintenance, repairs and replacements prior to having such work, maintenance, repairs or replacements performed. Before installing any heavy equipment and systems or fixtures in or serving the Premises and structural and nonstructural components and systems of the Premises, parking areas, sidewalks, roadways and landscaping in safe and good condition and repair, and shall make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made, in order to keep and maintain the Premises in good repair and condition, except for ordinary wear and tear and (other than for any Restoration required by the terms of this Lease) any damage to the Premises by any Major Condemnation of the Premises. Tenant shall prevent deferred maintenance from accumulating at submit the Premises. Landlord shall have the right to enter the Premises at reasonable times plans and upon reasonable notice to Tenant to perform annual inspections of the Premises to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues and any other issues which would decrease the value of the Premises once returned specifications therefor to Landlord at the end of the Term. Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities and every other act necessary or appropriate for the preservation and safety thereof (including, without limitation, any repairs required by Law as contemplated by Section 11), by reason or in connection with any excavation or other building operation upon the Premises, and Landlord shall have no obligation to do so. Landlord shall not be required to make any repair, replacement, maintenance or other work whatsoever, or to maintain the Premises in any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or awards for any taking to the extent provided in this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work for which it is responsible hereunder, in a good, proper and workmanlike manner. Without limiting the generality of the foregoing, Tenant shall be responsible for the performance of all maintenance and repairs of the FacilitiesLandlord's written approval.

Appears in 1 contract

Samples: Office Lease Agreement (Exodus Communications Inc)

Tenant’s Repair and Maintenance Obligations. Tenant shall keep, maintain and repairshall, at its sole cost and Tenant's own expense, the Premises, including, without limitation, the roof walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Premises, parking areas, sidewalks, roadways and landscaping in safe and good condition and repair, and shall make all repairs and replacements (substantially equivalent in quality and workmanship pursuant to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made, in order to keep and maintain the Premises in good repair and condition, except for ordinary wear and tear and (other than for any Restoration required by the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures, equipment, interior window coverings, and furnishings therein, and the floor or floors of the Buildings on which the Premises is located, in good order, repair and condition (subject to reasonable wear and tear) any at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, pursuant to the terms of this Lease, including Article 8 below, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems, except pursuant to the BS/BS Exception (and which are not covered by any Major Condemnation Landlord's Warranty), except for damage caused by ordinary wear and tear or beyond the reasonable control of the Premises. Tenant; provided however, that, at Landlord's option, or if Tenant shall prevent deferred maintenance from accumulating at the Premises. fails to make such repairs, Landlord shall have the right to enter the Premises at reasonable times and upon reasonable may, after written notice to Tenant and Tenant's failure to perform annual inspections repair within fifteen (15) business days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the actual and reasonable out of pocket cost thereof, and a percentage of the Premises cost thereof (not to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues and any other issues which would decrease the value exceed three percent (3%) of the Premises once returned cost of such work, to Landlord at the end of the Term. Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities and every other act necessary or appropriate be uniformly established for the preservation and safety thereof (includingBuildings and/or the Project) sufficient to reimburse Landlord for all overhead, without limitationgeneral conditions, any repairs required by Law as contemplated by Section 11), by reason or in connection with any excavation or other building operation upon the Premises, and Landlord shall have no obligation to do so. Landlord shall not be required to make any repair, replacement, maintenance or other work whatsoever, or to maintain the Premises in any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or awards for any taking to the extent provided in this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance fees and other work costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for which it is responsible hereunder, in a good, proper and workmanlike manner. Without limiting the generality of the foregoing, Tenant shall be responsible for the performance of all maintenance and repairs of the Facilitiessame.

Appears in 1 contract

Samples: Office Lease (Roku, Inc)

Tenant’s Repair and Maintenance Obligations. Tenant shall keep, maintain and repairshall, at its Tenant's sole cost expense and expense, the Premises, including, without limitation, the roof walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Premises, parking areas, sidewalks, roadways and landscaping in safe and good condition and repair, and shall make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made, in order to keep and maintain the Premises in good repair and condition, except for ordinary wear and tear and (other than for any Restoration required by accordance with the terms of this LeaseLease (including Article 12) keep the Premises (including all Tenant Improvements, Alterations, fixtures, and furnishings) in good order, repair, and condition at all times during the Lease Term. Under Landlord's supervision, subject to Landlord's prior approval, and within any reasonable period specified by Landlord, Tenant shall, at Tenant's sole expense and in accordance with the terms of this Lease (including Article 12) promptly and adequately repair all damage to the Premises by and replace or repair all damaged or broken fixtures and appurtenances. At Landlord's option or if Tenant fails to make such repairs, Landlord may, but need not, make the repairs and replacements. On receipt of an invoice from Landlord, Tenant shall pay Landlord Landlord's out of pocket costs incurred in connection with such repairs and replacements plus a percentage of such costs, to be uniformly established for the Building, sufficient to reimburse Landlord for all overhead, general conditions, fees, and other costs and expenses arising from Landlord's involvement with such repairs and replacements. Tenant waives and releases its rights, including its right to make repairs at Landlord's expense, under California Civil Code Sections 1941-1942 or any Major Condemnation of similar law, statute, or ordinance now or hereafter in effect. Landlord and Tenant acknowledge and agree that Tenant intends to install (i) an emergency backup generator ("Generator") outside the PremisesBuilding in an area reasonably acceptable to Landlord and (ii) a Building security system ("Security System"). Tenant shall prevent deferred be solely responsible for all maintenance from accumulating at the Premises. Landlord shall have the right to enter the Premises at reasonable times and upon reasonable notice to Tenant to perform annual inspections repair of the Premises Generator and Security System and shall, unless Landlord and Tenant agree otherwise, remove the Generator and Security System upon the expiration or earlier termination of this Lease and shall make any repairs to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues and any other issues which would decrease the value of the Premises once returned to Landlord at the end of the TermProject occasioned thereby. Tenant shall do or cause others provide Landlord with any and all keys, codes, etc. to do all shoring operate the Security System in case of emergency and shall cooperate with any tenants of the Premises or of the foundations and walls of the Facilities and every other act necessary or appropriate for the preservation and safety thereof (including, without limitation, any repairs required by Law as contemplated by Section 11), by reason or in connection with any excavation or other building operation upon the Premises, and Landlord shall have no obligation Building to do so. Landlord shall not be required to make any repair, replacement, maintenance or other work whatsoever, or to maintain the Premises in any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or awards for any taking to the extent provided in this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work for which it is responsible hereunder, in a good, proper and workmanlike manner. Without limiting the generality of the foregoing, Tenant shall be responsible for the performance of all maintenance and repairs of the Facilitiesensure access thereto during Building Hours.

Appears in 1 contract

Samples: Office Lease (Cayenta Inc)

Tenant’s Repair and Maintenance Obligations. Except to the extent being an obligation of Landlord pursuant to Sections 10.1 or 10.2 hereof, Tenant shall keepclean, maintain and maintain, repair, at its sole cost replace, and expense, secure the Premises, includingall improvements and appurtenances thereto, without limitationall access areas thereof, the roof wallsand all utilities, footingsfacilities, foundations, HVAC, mechanical installations and electrical equipment and systems used in or serving the Premises and structural and nonstructural components and systems of the Premises, parking areas, sidewalks, roadways and landscaping in safe and good condition and repairconnection therewith, and shall make pay all repairs costs and replacements (substantially equivalent in quality and workmanship to the original work) expenses of every kind and natureso doing, whether foreseen or unforeseen, which may be required to be made, in order to keep and maintain keeping the Premises in good order, repair and condition, except for ordinary reasonable wear and tear and (other than for any Restoration required by the terms of this Lease) any damage to the Premises by any Major Condemnation of the Premises. Tenant shall prevent deferred maintenance from accumulating at the Premises. Landlord shall have the right to enter the Premises at reasonable times and upon reasonable notice to Tenant to perform annual inspections of the Premises to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues and any other issues which would decrease the value of the Premises once returned to Landlord at the end of the Term. Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities and every other act necessary or appropriate for the preservation and safety thereof (including, without limitation, any repairs required by Law as contemplated by Section 11), by reason or in connection with any excavation or other building operation upon the Premisestear, and Landlord shall have no obligation to do so. Landlord shall not be required to make any repair, replacement, maintenance or other work whatsoever, or to maintain the Premises in any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or awards for any damage by casualty and taking (to the extent provided in Article X of this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work for which it is responsible hereunder, in a good, proper and workmanlike mannerLease only) excepted. Without limiting the generality of the foregoing, Tenant shall be responsible keep all interior walls, floor surfaces (including all floor slabs) and coverings, glass, windows, doors, and partitions, all fixtures and equipment, all utilities, pipes and drains and other above-ground level installations used in connection with the Premises (including, without limitation, the heating, ventilation, air conditioning, plumbing, electrical, utility, and fire and life safety systems) in good order, repair and condition, shall provide all cleaning, painting and floor covering to the Premises, and shall remove all refuse from and provide its own janitorial services for the performance of Premises. Tenant shall keep in good order, condition and repair all maintenance Building systems (including the heating, ventilation, air conditioning, plumbing, electrical, utility, and repairs fire and life safety systems) located completely within the Premises and/or servicing the Premises exclusively. If any portion of the FacilitiesPremises or any system or equipment in the Premises that Tenant shall be obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Premises or system or equipment. At Tenant’s sole cost and expense, Tenant shall enter into and maintain a preventive maintenance contract providing for the regular inspection and maintenance for the heating and air conditioning system serving the Premises by a licensed, reputable, properly insured heating and air conditioning contractor, such contract and such contractor to be approved by Landlord, such approval not to be unreasonably withheld or delayed. Landlord shall have the right, upon five (5) business days prior notice to Tenant, to perform the maintenance of the heating and air conditioning system serving the Premises at Tenant’s sole cost and expense to be paid by Tenant upon demand as Additional Rent, unless Tenant commences such maintenance within such period.

Appears in 1 contract

Samples: Lease Agreement (Biolife Solutions Inc)

Tenant’s Repair and Maintenance Obligations. Tenant shall keep, maintain and repairshall, at its sole cost and Tenant’s own expense, keep the Premises, includingincluding all improvements, without limitationfixtures, equipment, interior window coverings, and furnishings therein, and the roof walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in floor or serving floors of the Building on which the Premises is located, in good order, repair and structural condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and nonstructural components the Building Systems (except pursuant to the BS/BS Exception). In addition, Tenant shall, at Tenant’s own expense, but under the supervision and systems subject to the prior approval of the Premises, parking areas, sidewalks, roadways and landscaping in safe and good condition and repairLandlord, and shall make within any reasonable period of time specified by Landlord, promptly and adequately repair all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made, in order to keep and maintain the Premises in good repair and condition, except for ordinary wear and tear and (other than for any Restoration required by the terms of this Lease) any damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception (and which are not covered by any Major Condemnation Landlord’s Twelve Month Warranty), except for damage caused by ordinary wear and tear, damage due to Casualty (as defined in Section 11.1 below) or condemnation which is not Tenant’s obligation to repair hereunder, or otherwise beyond the reasonable control of the Premises. Tenant; provided however, that, at Landlord’s option, or if Tenant shall prevent deferred maintenance from accumulating at the Premises. fails to make such repairs, Landlord shall have the right to enter the Premises at reasonable times and upon reasonable may, after written notice to Tenant and Tenant’s failure to perform annual inspections commence repair within five (5) days thereafter and provided that Tenant is not contesting its obligation to make such repairs, but need not, make such repairs and replacements, in accordance with Section 7.3 below, and Tenant shall pay Landlord the cost thereof, including a percentage of the Premises cost thereof (to ensure that the Premises are maintained in good working order and that the Premises are free from maintenance issues and any other issues which would decrease the value of the Premises once returned to Landlord at the end of the Term. Tenant shall do or cause others to do all shoring of the Premises or of the foundations and walls of the Facilities and every other act necessary or appropriate be uniformly established for the preservation Buildings and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and safety thereof (includingother costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding anything to the contrary set forth in this Lease, without limitationduring the Construction Period, any repairs required of the initial Improvements to the Premises shall be governed by Law as contemplated by Section 11)the TCCs of the Work Letter and not the TCCs of this Article 7. If, by reason or during the Construction Period, Tenant incurs any repair costs not related to the initial Improvements to the Premises, Landlord shall, upon five (5) business days following receipt of notice from Tenant, along with an invoice therefor, pay all fees and costs incurred in connection with any excavation or other building operation upon the Premises, repairs and Landlord Tenant shall have no obligation to do so. Landlord shall not be required to make pay any repairsuch fees or costs during the Construction Period, replacement, maintenance or other work whatsoever, or to maintain the Premises in any way. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or awards for any taking subject to the extent provided repayment obligations set forth in this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work for which it is responsible hereunder, in a good, proper and workmanlike manner. Without limiting the generality of the foregoing, Tenant shall be responsible for the performance of all maintenance and repairs of the FacilitiesSection 10.1.2.3.2.

Appears in 1 contract

Samples: Office Lease (Box Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!