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

Tenant’s Repair and Maintenance Obligations. (1) Subject to Sections 3B and 9B, Tenant shall clean and maintain in good order, condition, and repair and replace when necessary the Premises and every part thereof, through regular inspections and servicing, including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains) that are located within the Premises or that exclusively serve the Premises, and all ducts, pipes, vents or other parts of the plumbing system that are located in the Premises or exclusively serve the Premises; (ii) all fixtures, interior walls, floors, carpets and ceilings; (iii) all windows (including window sealants and gaskets), doors, entrances, plate glass, showcases and skylights (including cleaning both interior and exterior surfaces); (iv) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) located within the Premises or that serve the Premises only; and (v) any automatic fire extinguisher equipment in the Premises. All work shall be performed at Tenant’s expense in accordance with the procedures described in this Section 9. (2) With respect to utility facilities serving the Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), Tenant shall be responsible for the maintenance and repair of any such facilities which serve only the Premises, including all such facilities that are within the walls or floor, or on the roof of the Premises, and any part of such facility that is not within the Premises, but only up to the point where such facilities join a main or other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to other parts of the Project as well as to the Premises. Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior doors and windows) with glass of the same kind, size and quality. Tenant shall repair any damage to the Premises (including exterior doors and windows) caused by vandalism or any unauthorized entry. (3) Tenant shall maintain continuously throughout the Term a service contract for the washing of all windows (interior only) in the Premises with a contractor approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), which contract provides for the periodic washing of all such windows at least once every one hundred eighty (180) days during the Term. Tenant shall furnish Landlord with (i) copies of all such service contracts for the window washing, which shall provide that they may not be cancelled or changed without at least thirty (30) days’ prior written notice to Landlord, and (ii) proof of completion of the repair work. The maintenance and service contractors shall comply with all Laws and Regulations and comply with all requirements regarding insurance imposed by this Lease. (4) All repairs and replacements required of Tenant shall be promptly made with new materials of like kind and quality in compliance with Section 9.C below.

Appears in 1 contract

Samples: Lease Agreement (SMART Global Holdings, Inc.)

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Tenant’s Repair and Maintenance Obligations. Subject to the ------------------------------------------- provisions of Articles XVII and XVIII below, Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord's express responsibility under this Lease, and shall keep the Premises (interior and exterior) in good condition and repair (including the replacement of any applicable improvements and appurtenances when necessary), reasonable wear and tear excepted. Tenant's repair and replacement obligations include, without limitation, repairs to and replacements of: (1) Subject to Sections 3B floor covering; (2) interior partitions; (3) doors; (4) walls and 9Bwall coverings; (5) electronic, Tenant shall clean phone and maintain in good orderdata cabling and related equipment (collectively, condition, and repair and replace when necessary the Premises and every part thereof, through regular inspections and servicing, including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains"Cable") that are located within is installed by or for the Premises or that exclusively serve the Premises, exclusive benefit of Tenant and all ducts, pipes, vents or other parts of the plumbing system that are located in the Premises or exclusively serve other portions of the Project; (6) private showers and kitchens, including hot water heaters, and similar facilities; (7) mechanical (including HVAC), plumbing fixtures, sewer connections (within the Building), wiring, electrical, lighting, and fire, life safety equipment and systems serving and located within the Building and the Premises; (ii8) windows, glass and plate glass; (9) all fixtures, interior walls, floors, carpets and ceilings; (iii10) all windows (including window sealants and gaskets), doors, entrances, plate glass, showcases and skylights (including cleaning both interior and exterior surfacesroof membrane(s); (iv11) all electrical facilities skylights; (12) fixtures and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) located within the Premises or that serve the Premises onlyequipment; and (v13) any automatic fire extinguisher equipment in the PremisesAlterations performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in this Section 9. (2) With respect IX.C. below. In addition, Tenant shall, at its sole cost and expense, provide janitorial service to utility facilities serving the Premises (including electrical wiring and conduitsin a manner consistent with other similar office projects in the Mountain View, gas lines, water pipes, and plumbing and sewage fixtures and pipes), California area. The janitorial service to be provided by Tenant shall include, but not be responsible for limited to, the maintenance obligation to clean the exterior windows and repair of any such facilities which serve only to keep the Premises, including all such facilities that are within the walls or floor, or on the roof interior of the PremisesPremises such as the windows, floors, walls, doors, showcases and any part of such facility that is not within the Premises, but only up fixtures clean and neat in appearance and to the point where such facilities join a main remove all trash and debris which may be found in or other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to other parts of the Project as well as to around the Premises. Tenant shall also enter into and keep and maintain in effect, service contracts reasonably acceptable to Landlord with contractors reasonably acceptable to Landlord for the maintenance of those systems servicing the Building as Landlord may reasonably designate, including, without limitation, the HVAC, electrical and life safety systems of the Building. Without limiting the foregoing, Tenant shall, at Tenant's sole cost and expense, (a) immediately replace any damaged or all broken glass in the Premises (including all interior and exterior doors and windows) with glass equal to or in excess of the same kindspecification and quality of the original glass; and (b) repair any damage caused by Tenant, size Tenant's agents, employees, invitees, visitors, subtenants or contractors. If Tenant fails to make any repairs or replacements to the Premises or fails to perform the required janitorial work in the Premises at the level required for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs or replacements or perform the janitorial work, as the case may be, and qualityTenant shall pay the reasonable cost of the repairs, replacements or janitorial work, as the case may be, to Landlord within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 10% of the cost of the work performed. Tenant shall repair any damage to the Premises (including exterior doors and windows) caused by vandalism or any unauthorized entry. (3) Tenant shall maintain continuously throughout the Term a service contract for the washing written records of all windows (interior only) in the Premises with a contractor approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), which contract provides for the periodic washing of all such windows at least once every one hundred eighty (180) days during the Term. Tenant shall furnish Landlord with (i) copies of all such service contracts for the window washing, which shall provide that they may not be cancelled or changed without at least thirty (30) days’ prior written notice to Landlord, and (ii) proof of completion of the repair work. The maintenance and service contractors shall comply with all Laws and Regulations and comply with all requirements regarding insurance imposed by this Lease. (4) All repairs and replacements required of Tenant shall be promptly made with new materials of like kind use certified technicians to perform any such maintenance and quality in compliance with Section 9.C belowrepairs.

Appears in 1 contract

Samples: Office Lease Agreement (E Stamp Corp)

Tenant’s Repair and Maintenance Obligations. Subject to the ------------------------------------------- provisions of Articles XVI and XVII below, Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord's express responsibility under this Lease, and shall keep the Premises (interior and exterior) in good condition and repair (including the replacement of any applicable improvements and appurtenances when necessary), reasonable wear and tear excepted. Tenant's repair and replacement obligations include, without limitation, repairs to and replacements of: (1) Subject to Sections 3B floor covering; (2) interior partitions; (3) doors; (4) walls and 9Bwall coverings; (5) electronic, Tenant shall clean phone and maintain in good orderdata cabling and related equipment (collectively, condition, and repair and replace when necessary the Premises and every part thereof, through regular inspections and servicing, including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains"Cable") that are located within is installed by or for the Premises or that exclusively serve the Premises, exclusive benefit of Tenant and all ducts, pipes, vents or other parts of the plumbing system that are located in the Premises or exclusively serve other portions of the Project; (6) private showers and kitchens, including hot water heaters, and similar facilities; (7) mechanical (including HVAC), plumbing fixtures, sewer connections (within the Building), wiring, electrical, lighting, and fire, life safety equipment and systems serving the Building and the Premises; (ii8) windows, glass and plate glass; (9) all fixtures, interior walls, floors, carpets and ceilings; (iii10) all windows (including window sealants and gaskets), doors, entrances, plate glass, showcases and skylights (including cleaning both interior and exterior surfacesroof membrane(s); (iv11) all electrical facilities skylights; (12) fixtures and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) located within the Premises or that serve the Premises onlyequipment; and (v13) any automatic fire extinguisher equipment in the PremisesAlterations performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in this Section 9. (2) With respect IX.C. below. In addition, Tenant shall, at its sole cost and expense, provide janitorial service to utility facilities serving the Premises (including electrical wiring and conduitsin a manner consistent with other similar office projects in the Mountain View, gas lines, water pipes, and plumbing and sewage fixtures and pipes), California area. The janitorial service to be provided by Tenant shall include, but not be responsible for limited to, the maintenance obligation to clean the exterior windows and repair of any such facilities which serve only to keep the Premises, including all such facilities that are within the walls or floor, or on the roof interior of the PremisesPremises such as the windows, floors, walls, doors, showcases and any part of such facility that is not within the Premises, but only up fixtures clean and neat in appearance and to the point where such facilities join a main remove all trash and debris which may be found in or other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to other parts of the Project as well as to around the Premises. Tenant shall also enter into and keep and maintain in effect, service contracts reasonably acceptable to Landlord with contractors reasonably acceptable to Landlord for the maintenance of those systems servicing the Building as Landlord may reasonably designate, including, without limitation, the HVAC, electrical and life safety systems of the Building. Without limiting the foregoing, Tenant shall, at Tenant's sole cost and expense, (a) immediately replace any damaged or all broken glass in the Premises (including all interior and exterior doors and windows) with glass equal to or in excess of the same kindspecification and quality of the original glass; and (b) repair any damage caused by Tenant, size Tenant's agents, employees, invitees, visitors, subtenants or contractors. If Tenant fails to make any repairs or replacements to the Premises or fails to perform the required janitorial work in the Premises at the level required for more than 15 days after written notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs or replacements or perform the janitorial work, as the case may be, and qualityTenant shall pay the reasonable cost of the repairs, replacements or janitorial work, as the case may be, to Landlord within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 10% of the cost of the work performed. Tenant shall repair any damage to the Premises (including exterior doors and windows) caused by vandalism or any unauthorized entry. (3) Tenant shall maintain continuously throughout the Term a service contract for the washing written records of all windows (interior only) in the Premises with a contractor approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), which contract provides for the periodic washing of all such windows at least once every one hundred eighty (180) days during the Term. Tenant shall furnish Landlord with (i) copies of all such service contracts for the window washing, which shall provide that they may not be cancelled or changed without at least thirty (30) days’ prior written notice to Landlord, and (ii) proof of completion of the repair work. The maintenance and service contractors shall comply with all Laws and Regulations and comply with all requirements regarding insurance imposed by this Lease. (4) All repairs and replacements required of Tenant shall be promptly made with new materials of like kind use certified technicians to perform any such maintenance and quality in compliance with Section 9.C belowrepairs.

Appears in 1 contract

Samples: Office Lease Agreement (Marketfirst Software Inc)

Tenant’s Repair and Maintenance Obligations. (1) Subject to Sections 3B the terms and 9Bprovisions of Article Ten (Damage by Casualty and Condemnation), Tenant shall clean shall, at Tenant’s sole cost and expense, repair, maintain in good order, condition, and repair and replace when necessary (if necessary) and keep in a good, clean, sanitary and safe condition: (a) The interior portion of the exterior walls, ceilings and partitions of the Premises, the partition walls or structures within the Premises and every part thereofeach of their respective wall coverings; (b) All personal property, through regular inspections and servicingimprovements or fixtures, located within the Premises, including, but not limited to: (i) all plumbing , floor coverings, window coverings, blinds, draperies, interior cabinets, woodwork, molding, millwork,, paneling, and sewage facilities (including all sinks, toilets, faucets and drains) that are located within the Premises or that exclusively serve other interior improvements to the Premises, ceiling tiles and all ductsceiling grids, pipes, vents or other parts of the plumbing system that are located in the Premises or exclusively serve the Premises; (ii) all fixtures, interior walls, floors, carpets light fixtures and ceilings; (iii) all windows (including window sealants and gaskets)bulbs, doors, entrancesdoor handles and lock sets, plate vaults, safes, or secured areas, bathrooms and kitchen areas; (c) In the event of a break-in or vandalism Tenant will be responsible for all repairs related to said incident, to include repairs to exterior of building, i.e., replacement of broken glass, showcases and skylights (including cleaning both interior and exterior surfaces); (iv) all electrical facilities and all equipment (including all lighting fixturesdoors, lampswalls, bulbs, tubes, fans, vents, exhaust equipment and systems) located within the Premises or that serve the Premises only; and (v) any automatic fire extinguisher equipment in the Premises. All work shall be performed at Tenant’s expense in accordance with the procedures described in this Section 9etc. (2d) With respect The Building systems, equipment and conduit, including, without limitation, plumbing, heating, air conditioning and ventilation including the air conditioning condenser located on the outside of the Building, electrical, lighting, telephone, security systems, security and fire alarms, fire pumps, fire extinguishers which are located inward from the exterior walls of the Premises. (e) Any systems, equipment, or other items, not considered Building standard, which have been installed by either Landlord or Tenant for the exclusive use and benefit of Tenant, whether located within or without the Premises. (f) In connection with Tenant’s obligation to utility facilities maintain the HVAC System serving the Premises (including electrical wiring and conduitsDemised Premises, gas linesTenant shall, water pipesduring the Lease Term, and plumbing any renewals thereof, at its sole cost and sewage fixtures expense, maintain a service contract with a licensed HVAC contractor for the routine performance of standard HVAC System maintenance, including but not limited to, periodic replacement of filters, oiling of mechanical components and pipes)inspection for wear and tear. Prior to Rent Commencement Date and annually thereafter, Tenant shall be responsible for furnish to Landlord a copy of the maintenance contract described above and repair proof that the annual premium for maintenance contract has been paid. Landlord reserves the right to designate an HVAC contractor with whom Tenant shall contract for such routine HVAC system maintenance so long as the fee charged by Xxxxxxxx’s designated contractor shall be comparable to the fee charged by Xxxxxx’s contractor for similar services. If Tenant fails to commence or complete repairs promptly and adequately, Landlord may make or complete said repairs and Tenant shall pay the cost thereof to Landlord upon demand, together with the sum of any fifteen percent (15%) of said costs for overhead and an additional sum equal to ten percent (10%) of said amount for profit. If Tenant should fail to perform its obligations hereunder in a manner reasonably satisfactory to the Landlord, the Landlord shall have the right to cause such facilities which serve only the Premises, including all such facilities that are within the walls or floor, or obligation to be accomplished on the roof behalf of the PremisesTenant, and any part of such facility that is not within the Premises, but only up Tenant shall pay to the point where Landlord as Additional Rent the cost incurred by the Landlord in performing such facilities join a main obligation. Further, Landlord may elect to perform any or other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to other parts all of the Project as well as above-referenced items required to the Premises. Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior doors and windows) with glass of the same kind, size and quality. Tenant shall repair any damage to the Premises (including exterior doors and windows) caused be performed by vandalism or any unauthorized entry. (3) Tenant shall maintain continuously throughout the Term a service contract for the washing of all windows (interior only) in the Premises with a contractor approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), which contract provides for the periodic washing of all such windows at least once every one hundred eighty (180) days during the Term. Tenant shall furnish Landlord with (i) copies of all such service contracts for the window washing, which shall provide that they may not be cancelled or changed without at least thirty (30) days’ prior written notice to LandlordXxxxxx, and (ii) proof of completion of the repair workxxxx Xxxxxx for same as Additional Rent. The maintenance and service contractors shall comply with all Laws and Regulations and comply with all requirements regarding insurance imposed by this Lease. (4) All repairs and replacements required of Tenant shall be promptly made with new materials of like kind and quality in compliance with Section 9.C below.Tenant’s Initials: ____________ 6 Landlord Initial’s:____________

Appears in 1 contract

Samples: Commercial Lease Agreement (La Rosa Holdings Corp.)

Tenant’s Repair and Maintenance Obligations. Tenant shall, at its sole cost and expense, promptly perform all maintenance and non-structural repairs to the Premises that are not Landlord's express responsibility under this Lease, and shall keep the Premises in good condition and repair (including the replacement of any applicable improvements and appurtenances when necessary), reasonable wear and tear and casualty damage excepted. Tenant's repair and replacement obligations include, without limitation, repairs to and replacements of: (1) Subject to Sections 3B floor covering; (2) interior partitions; (3) doors; (4) walls and 9Bwall coverings; (5) electronic, Tenant shall clean phone and maintain in good orderdata cabling and related equipment (collectively, condition, and repair and replace when necessary the Premises and every part thereof, through regular inspections and servicing, including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains"Cable") that are located within is installed by or for the Premises or that exclusively serve the Premises, exclusive benefit of Tenant and all ducts, pipes, vents or other parts of the plumbing system that are located in the Premises or exclusively serve other portions of the Project; (6) private showers and kitchens, including hot water heaters, and similar facilities; (7) mechanical (including HVAC), plumbing fixtures, sewer connections (within the Building), wiring, electrical, lighting, and fire, life safety equipment and systems serving the Building and the Premises; (ii8) interior and exterior windows, glass and plate glass; (9) all fixtures, interior walls, floors, carpets and ceilings; (iii10) all windows (including window sealants roof membrane(s) and gaskets), doors, entrances, plate glass, showcases and skylights (including cleaning both interior and exterior surfacesroof penetrator(s); (iv11) all electrical facilities skylights; (12) fixtures and all equipment equipment; (13) Alterations performed by contractors retained by Tenant, including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) located within the Premises or that serve the Premises only; and (v) any automatic fire extinguisher equipment in the Premisesrelated HVAC balancing. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in this Section 9. (2) With respect IX.C. below. In addition, Tenant shall, at its sole cost and expense, provide janitorial service to utility facilities serving the Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), in a manner consistent with Comparable Buildings. The janitorial service to be provided by Tenant shall include, but not be responsible for limited to, the maintenance obligation to clean the exterior windows and repair of any such facilities which serve only to keep the Premises, including all such facilities that are within the walls or floor, or on the roof interior of the PremisesPremises such as the windows, floors, walls, doors, showcases and any part of such facility that is not within the Premises, but only up fixtures clean and neat in appearance and to the point where such facilities join a main remove all trash and debris which may be found in or other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to other parts of the Project as well as to around the Premises. Tenant shall also enter into and keep and maintain in effect, service contracts reasonably acceptable to Landlord with contractors reasonably acceptable to Landlord for the maintenance of those systems servicing the Building as Landlord may reasonably designate, including, without limitation, the HVAC, electrical and life safety systems of the Building. Without limiting the foregoing, Tenant shall, at Tenant's sole cost and expense, (a) promptly replace any damaged or all broken glass in the Premises (including all interior and exterior doors and windows) with glass equal to or in excess of the same kindspecification and quality of the original glass; and (b) promptly repair any damage caused by Tenant, size Tenant's agents, employees, invitees, visitors, subtenants or contractors. If Tenant fails to make any repairs or replacements to the Premises or fails to perform the required janitorial work in the Premises at the level required for more than 15 days after written notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs or replacements or perform the janitorial work, as the case may be, and qualityTenant shall pay the reasonable cost of the repairs, replacements or janitorial work, as the case may be, to Landlord within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 6% of the cost of the work performed. In addition, in the event Tenant fails to make any required repairs or provide the required janitorial services to the Premises and such failure continues beyond the applicable cure period provided in Article XIX.B. below, such failure shall constitute a default under this Lease. Tenant shall repair any damage to the Premises (including exterior doors and windows) caused by vandalism or any unauthorized entry. (3) Tenant shall maintain continuously throughout the Term a service contract for the washing written records of all windows (interior only) in the Premises with a contractor approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), which contract provides for the periodic washing of all such windows at least once every one hundred eighty (180) days during the Term. Tenant shall furnish Landlord with (i) copies of all such service contracts for the window washing, which shall provide that they may not be cancelled or changed without at least thirty (30) days’ prior written notice to Landlord, and (ii) proof of completion of the repair work. The maintenance and service contractors shall comply with all Laws and Regulations and comply with all requirements regarding insurance imposed by this Lease. (4) All repairs and replacements required of Tenant shall be promptly made with new materials of like kind use certified technicians to perform any such maintenance and quality in compliance with Section 9.C belowrepairs.

Appears in 1 contract

Samples: Lease Agreement (Aerogen Inc)

Tenant’s Repair and Maintenance Obligations. Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord's express responsibility under this Lease, and shall keep the Premises (interior and exterior) in good condition and repair (including the replacement of any applicable improvements and appurtenances when necessary), reasonable wear and tear excepted. Tenant's repair and replacement obligations include, without limitation, repairs to and replacements of: (1) Subject to Sections 3B floor covering; (2) interior partitions; (3) doors; (4) walls and 9Bwall coverings; (5) electronic, Tenant shall clean phone and maintain in good orderdata cabling and related equipment (collectively, condition, and repair and replace when necessary the Premises and every part thereof, through regular inspections and servicing, including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains"Cable") that are located within is installed by or for the Premises or that exclusively serve the Premises, exclusive benefit of Tenant and all ducts, pipes, vents or other parts of the plumbing system that are located in the Premises or exclusively serve other portions of the Project; (6) private showers and kitchens, including hot water heaters, and similar facilities; (7) mechanical (including HVAC), plumbing, sewer connections, wiring, electrical, lighting, and fire, life safety equipment and systems serving the Building and the Premises; (ii8) windows, glass and plate glass; (9) all fixtures, interior walls, floors, carpets and ceilings; (iii10) all windows (including window sealants and gaskets), doors, entrances, plate glass, showcases and skylights (including cleaning both interior and exterior surfacesroof membrane(s); (iv11) all electrical facilities skylights; (12) fixtures and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) located within the Premises or that serve the Premises onlyequipment; and (v13) any automatic fire extinguisher equipment in the PremisesAlterations performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in this Section 9. (2) With respect IX.C. below. In addition, Tenant shall, at its sole cost and expense, provide janitorial service to utility facilities serving the Premises (including electrical wiring and conduitsin a manner consistent with first-class office buildings in the Mountain View, gas lines, water pipes, and plumbing and sewage fixtures and pipes), California area. The janitorial service to be provided by Tenant shall include, but not be responsible limited to, the obligation to clean the exterior windows and to keep the interior of the Premises such as the windows, floors, walls, doors, showcases and fixtures clean and neat in appearance and to remove all trash and debris which may be found in or around the Premises. Tenant shall also enter into and keep and maintain in effect, service contracts reasonably acceptable to Landlord with contractors reasonably acceptable to Landlord for the maintenance and repair of any such facilities which serve only those systems servicing the PremisesBuilding as Landlord may reasonably designate, including all such facilities that are within including, without limitation, the walls or floorHVAC, or on the roof electrical, and life safety systems of the PremisesBuilding. Without limiting the foregoing, Tenant shall, at Tenant's sole cost and any part of such facility that is not within the Premisesexpense, but only up to the point where such facilities join a main or other junction (e.g., sewer main or electrical transformera) from which such utility services are distributed to other parts of the Project as well as to the Premises. Tenant shall immediately replace any damaged or all broken glass in the Premises (including all interior and exterior doors and windows) with glass equal to or in excess of the same kindspecification and quality of the original glass; and (b) repair any damage caused by Tenant, size Tenant's agents, employees, invitees, visitors, subtenants or contractors. If Tenant fails to make any repairs to the Premises or fails to perform the required janitorial work in the Premises at the level required for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs or perform the janitorial work, as the case may be, and qualityTenant shall pay the reasonable cost of the repairs or janitorial work, as the case may be, to Landlord within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 5% of the cost of the work performed. Tenant shall maintain written records of maintenance and repairs, as required by Law, and shall use certified technicians to perform any such maintenance and repairs, as so required. Notwithstanding the foregoing to the contrary, in the event either Landlord or Tenant believe that the Tenant's obligations pursuant to the terms of this Article IX.A. would require Tenant to make major replacements of certain items which are more properly in the nature of a capital improvement (as distinguished from replacement of parts or components installed in the ordinary course of business) (a "Capital Improvement Expense"), the party making such determination shall promptly notify the other party hereto of the need to make such Capital Improvement Expense. Upon receipt of such notification, the parties shall enter into good faith negotiations to determine whether the appropriate work to be performed is more in the nature of a repair or replacement of parts or a capital improvement. In the event the parties are unable to agree within 30 days after the commencement of such discussions, the parties shall seek the determination of the applicable Landlord-approved third party service contractor for the applicable building system at issue, which determination shall be binding upon Landlord and Tenant. In the event the parties determine that the required work to be performed is not in the nature of a capital improvement, the Tenant shall make such repairs or replacements at Tenant's sole cost as provided above. In the event the parties determine that the required work to be performed is in the nature of a capital improvement, Landlord shall perform such Capital Improvement Expense in a timely and workmanlike manner. Provided that such Capital Improvement Expense is not made necessary due to (i) the negligent act or omission or the willful misconduct of Tenant or any damage of the Tenant Related Parties, or (ii) the construction of the Initial Alterations or any subsequent Alterations to the Premises made by or for the benefit of Tenant (including exterior doors collectively, a "Tenant Fault"), the cost of such Capital Improvement Expense shall be apportioned between Landlord and windows) caused by vandalism or any unauthorized entry. (3) Tenant such that Tenant shall maintain continuously throughout pay, within 30 days after written demand thereof from Landlord, an amount equal to the Term a service contract for product of (x) the washing total cost of all windows the Capital Improvement Expense divided by the lesser of (interior onlya) the number of years of the useful life of such capital improvement (as reasonably determined by Landlord) and (b) 10 years, and multiplied by (y) the number of years remaining in the Premises with Lease Term subsequent to the date the capital improvement work first commences (the "Remaining Years"); provided, that if the number of Remaining Years is greater than the lesser of (a) or (b) above, then for purposes of the calculation of the Tenant's share of the Capital Improvement Expense, the Remaining Years shall equal the lesser of (a) or (b) above. In the event the Capital Improvement Expense is made necessary due to a contractor approved by Landlord (which approval shall not be unreasonably withheldTenant Fault, conditioned or delayed), which contract provides for the periodic washing of all such windows at least once every one hundred eighty (180) days during the Term. Tenant shall furnish Landlord with (i) copies of all such service contracts for the window washing, which shall provide that they may not be cancelled or changed without at least thirty (30) days’ prior written notice pay to Landlord, and (ii) proof within 30 days after written demand thereof from Landlord, the total amount of completion of the repair work. The maintenance and service contractors shall comply with all Laws and Regulations and comply with all requirements regarding insurance imposed by this Leasesuch Capital Improvement Expense. (4) All repairs and replacements required of Tenant shall be promptly made with new materials of like kind and quality in compliance with Section 9.C below.

Appears in 1 contract

Samples: Office Lease Agreement (Commtouch Software LTD)

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Tenant’s Repair and Maintenance Obligations. Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Premises (interior and exterior) in good condition and repair (including the replacement of any applicable improvements and appurtenances when necessary), reasonable wear and tear excepted. Tenant’s repair and replacement obligations include, without limitation, repairs to and replacements of: (1) Subject to Sections 3B floor covering; (2) interior partitions; (3) doors; (4) walls and 9Bwall coverings; (5) electronic, Tenant shall clean phone and maintain in good orderdata cabling and related equipment (collectively, condition, and repair and replace when necessary the Premises and every part thereof, through regular inspections and servicing, including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains“Cable”) that are located within is installed by or for the Premises or that exclusively serve the Premises, exclusive benefit of Tenant and all ducts, pipes, vents or other parts of the plumbing system that are located in the Premises or exclusively serve other portions of the Project; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, and similar facilities; (7) mechanical (including HVAC), plumbing fixtures, sewer connections (within the Building), wiring, electrical, lighting, and fire, life safety equipment and systems serving the Building and the Premises; (ii8) windows, glass and plate glass; (9) all fixtures, interior walls, floors, carpets and ceilings; (iii10) all windows (including window sealants roof membrane, roof screens and gaskets), doors, entrances, plate glass, showcases and skylights (including cleaning both interior and exterior surfaces)roof screen penetrators; (iv11) all electrical facilities skylights; (12) fixtures and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) located within the Premises or that serve the Premises onlyequipment; and (v13) any automatic fire extinguisher equipment in the PremisesAlterations performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in this Section 9. IX.C. below. In addition, Tenant shall, at its sole cost and expense, provide janitorial service to the Premises in a manner consistent with other similar projects in the Mountain View, California area. The janitorial service to be provided by Tenant shall include, but not be limited to, the obligation to clean the exterior windows (no more frequently than two (2) With respect times per year) and to utility facilities serving keep the interior of the Premises (including electrical wiring such as the windows, floors, walls, doors, showcases and conduits, gas lines, water pipes, fixtures clean and plumbing neat in appearance and sewage fixtures to remove all trash and pipes)debris which may be found in or around the Premises. In addition, Tenant shall be responsible keep and maintain the Premises in accordance with (i) the Institute of Laboratory Animal Resources “Guide for the Care and Use of Laboratory Animals”, (ii) the Animal Welfare Act (7 U.S.C. 2131 et. seq.), and (iii) all other applicable Federal, State and local laws, guidelines and policies relating to the operation and maintenance of biomedical laboratory facilities (collectively, the “Lab Standards”). Tenant shall also enter into and keep and maintain in effect, service contracts reasonably acceptable to Landlord with contractors reasonably acceptable to Landlord for the maintenance of those systems servicing the Building as Landlord may reasonably designate, including, without limitation, the HVAC and repair of any such facilities which serve only the Premises, including all such facilities that are within the walls or floor, or on the roof life safety systems of the PremisesBuilding. In addition, and any part of such facility that is not within the Premises, but only up to the point where such facilities join a main or other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to other parts Tenant shall perform testing of the Project as well as electrical systems in the Building on a commercially reasonable, regular basis to ensure that such electrical systems are maintained in the Premisesmanner required herein. Without limiting the foregoing, Tenant shall shall, at Tenant’s sole cost and expense, (a) immediately replace any damaged or all broken glass in the Premises (including all interior and exterior doors and windows) with glass equal to or in excess of the same kindspecification and quality of the original glass; and (b) repair any damage caused by Tenant, size Tenant’s agents, employees, invitees, visitors, subtenants or contractors. If Tenant fails to make any required repairs to the Premises within 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs and qualityTenant shall pay the reasonable cost of the repairs to Landlord within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 10% of the cost of the work performed. In addition, in the event Tenant fails to make any required repairs or provide the required janitorial services to the Premises and such failure continues beyond the applicable cure period provided in Article XIX.B. below, such failure shall constitute a default under this Lease. Tenant shall repair any damage to the Premises (including exterior doors maintain written records of maintenance and windows) caused repairs, as required by vandalism or any unauthorized entry. (3) Tenant shall maintain continuously throughout the Term a service contract for the washing of all windows (interior only) in the Premises with a contractor approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), which contract provides for the periodic washing of all such windows at least once every one hundred eighty (180) days during the Term. Tenant shall furnish Landlord with (i) copies of all such service contracts for the window washing, which shall provide that they may not be cancelled or changed without at least thirty (30) days’ prior written notice to LandlordLaw, and (ii) proof of completion of the repair work. The shall use certified technicians to perform any such maintenance and service contractors shall comply with all Laws and Regulations and comply with all requirements regarding insurance imposed by this Leaserepairs, as so required. (4) All repairs and replacements required of Tenant shall be promptly made with new materials of like kind and quality in compliance with Section 9.C below.

Appears in 1 contract

Samples: Office Lease Agreement (Perlegen Sciences Inc)

Tenant’s Repair and Maintenance Obligations. Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the interior of the Premises in good condition and repair (including the replacement of any applicable improvements and appurtenances when necessary), reasonable wear and tear and damage by casualty (subject to the terms of Article XVII) excepted. Tenant’s repair and replacement obligations include, without limitation, repairs to and replacements of: (1) Subject to Sections 3B floor covering; (2) interior partitions; (3) doors (4) interior walls and 9Bwall coverings; (5) electronic, Tenant shall clean phone and maintain in good orderdata cabling and related equipment (collectively, condition, and repair and replace when necessary the Premises and every part thereof, through regular inspections and servicing, including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains“Cable”) that are located within is installed by or for the Premises or that exclusively serve the Premises, exclusive benefit of Tenant and all ducts, pipes, vents or other parts of the plumbing system that are located in the Premises or other portions of the Building, Campus or Project; (6) private showers and kitchens, including hot water heaters, and similar facilities; (7) mechanical (including HVAC), plumbing fixtures, fire sprinklers, sewer connections (within the Building), wiring, electrical, lighting, and fire, life safety equipment and systems exclusively serve serving the Premises; (ii8) windows, glass and plate glass; (9) all fixtures, interior walls, floors, carpets and ceilings; (iii10) all windows the roof membrane to the extent covering the Premises; (including window sealants 11) skylights, smoke hatches and gaskets), doors, entrances, plate glass, showcases and skylights roof vents (including cleaning both interior and exterior surfacesto the extent any exist in the Premises); (iv12) all electrical facilities fixtures and all equipment equipment; (including all lighting fixtures13) truck doors, lampshardware, bulbsdock bumpers, tubes, fans, vents, exhaust equipment dock plates and systemslevelers; (14) located within the Premises or that serve the Premises onlyfloors and floor coverings; and (v15) any automatic fire extinguisher equipment in the PremisesAlterations performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in this Section 9. (2) With respect IX.C. below. If Tenant uses rail and if required by the railroad company, Tenant agrees to utility facilities serving sign a joint maintenance agreement governing the use of the rail spur, if any. In addition, Tenant shall, at its sole cost and expense, provide janitorial service to the Premises (including electrical wiring and conduitsin a manner consistent with other similar projects in the Redwood City, gas lines, water pipes, and plumbing and sewage fixtures and pipes), California area. The janitorial service to be provided by Tenant shall include, but not be responsible for limited to, the maintenance obligation to clean the exterior windows and repair of any such facilities which serve only to keep the Premises, including all such facilities that are within the walls or floor, or on the roof interior of the PremisesPremises such as the windows, floors, walls, doors, showcases and any part of such facility that is not within the Premises, but only up fixtures clean and neat in appearance and to the point where such facilities join a main remove all trash and debris which may be found in or other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to other parts of the Project as well as to around the Premises. Tenant shall also enter into and keep and maintain in effect, service contracts reasonably acceptable to Landlord for regularly scheduled preventative maintenance with contractors reasonably acceptable to Landlord for the maintenance of those systems exclusively servicing the Premises which Tenant is required to maintain hereunder, including, without limitation, the HVAC, electrical and life safety systems exclusively serving the Premises. Such service contracts must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective and a copy thereof delivered to Landlord within 30 days after the Commencement Date. Without limiting the foregoing, Tenant shall, at Tenant’s sole cost and expense, (a) immediately replace any damaged or all broken glass in the Premises (including all interior and exterior doors and windows) with glass equal to or in excess of the specification and quality of the original glass; and (b) subject to Section XVI, repair any damage caused by Tenant, Tenant’s agents, employees, invitees, visitors, subtenants or contractors. If Tenant fails to make any repairs or replacements to the Premises or fails to perform the required janitorial work in the Premises at the level required or fails to enter into a service contract required herein for more than 15 days after written notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs or replacements, perform the janitorial work or enter into a service contract on behalf of Tenant, as the case may be, and Tenant shall pay the reasonable cost thereof to Landlord within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 3% of the cast of the work performed. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s written notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant commences such repair within 15 days after written notice from Landlord and is diligently pursuing the same kind, size and qualityto completion. Tenant shall repair any damage to the Premises (including exterior doors and windows) caused by vandalism or any unauthorized entry. (3) Tenant shall maintain continuously throughout the Term a service contract for the washing written records of all windows (interior only) in the Premises with a contractor approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), which contract provides for the periodic washing of all such windows at least once every one hundred eighty (180) days during the Term. Tenant shall furnish Landlord with (i) copies of all such service contracts for the window washing, which shall provide that they may not be cancelled or changed without at least thirty (30) days’ prior written notice to Landlord, and (ii) proof of completion of the repair work. The maintenance and service contractors shall comply with all Laws and Regulations and comply with all requirements regarding insurance imposed by this Lease. (4) All repairs and replacements shall use certified technicians to perform any such maintenance and repairs. Nothing herein shall expressly or by implication render Tenant Landlord’s agent or contractor to effect any repairs or maintenance required of Tenant under this Article IX.A., as to all of which Tenant shall be promptly made with new materials of like kind and quality in compliance with Section 9.C belowsolely responsible.

Appears in 1 contract

Samples: Office Lease Agreement (Cardica Inc)

Tenant’s Repair and Maintenance Obligations. Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord's express responsibility under this Lease, and shall keep the Premises (interior and exterior) in good condition and repair (including the replacement of any applicable improvements and appurtenances when necessary), reasonable wear and tear excepted. Tenant's repair and replacement obligations include, without limitation, repairs to and replacements of: (1) Subject to Sections 3B floor covering; (2) interior partitions; (3) doors; (4) walls and 9Bwall coverings; (5) electronic, Tenant shall clean phone and maintain in good orderdata cabling and related equipment (collectively, condition, and repair and replace when necessary the Premises and every part thereof, through regular inspections and servicing, including, but not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains"Cable") that are located within is installed by or for the Premises or that exclusively serve the Premises, exclusive benefit of Tenant and all ducts, pipes, vents or other parts of the plumbing system that are located in the Premises or exclusively serve other portions of the Project; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, and similar facilities; (7) mechanical (including HVAC), plumbing fixtures, sewer connections (within the Buildings), wiring, electrical, lighting, and fire, life safety equipment and systems serving the Buildings and the Premises; (ii8) windows, glass and plate glass; (9) all fixtures, interior walls, floors, carpets and ceilings; (iii10) all windows (including window sealants roof membrane, roof screens and gaskets), doors, entrances, plate glass, showcases and skylights (including cleaning both interior and exterior surfaces)roof screen penetrators; (iv11) all electrical facilities skylights; (12) fixtures and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) located within the Premises or that serve the Premises onlyequipment; and (v13) any automatic fire extinguisher equipment in the PremisesAlterations performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in this Section 9. IX.C. below. In addition, Tenant shall, at its sole cost and expense, provide janitorial service to the Premises in a manner consistent with other similar projects in the Mountain View, California area. The janitorial service to be provided by Tenant shall include, but not be limited to, the obligation to clean the exterior windows (no more frequently than two (2) With respect times per year) and to utility facilities serving keep the interior of the Premises (including electrical wiring such as the windows, floors, walls, doors, showcases and conduits, gas lines, water pipes, fixtures clean and plumbing neat in appearance and sewage fixtures to remove all trash and pipes)debris which may be found in or around the Premises. In addition, Tenant shall be responsible keep and maintain the Premises in accordance with (i) the Institute of Laboratory Animal Resources "Guide for the Care and Use of Laboratory Animals", (ii) the Animal Welfare Act (7 U.S.C. 2131 et. seq.), and (iii) all other applicable Federal, State and local laws, guidelines and policies relating to the operation and maintenance of biomedical laboratory facilities (collectively, the "Lab Standards"). Tenant shall also enter into and keep and maintain in effect, service contracts reasonably acceptable to Landlord with contractors reasonably acceptable to Landlord for the maintenance of those systems servicing the Buildings as Landlord may reasonably designate, including, without limitation, the HVAC and repair of any such facilities which serve only the Premises, including all such facilities that are within the walls or floor, or on the roof life safety systems of the PremisesBuildings. In addition, and any part of such facility that is not within the Premises, but only up to the point where such facilities join a main or other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to other parts Tenant shall perform infrared testing of the Project as well as electrical systems in the Buildings on a commercially reasonable, regular basis to ensure that such electrical systems are maintained in the Premisesmanner required herein. Without limiting the foregoing, Tenant shall shall, at Tenant's sole cost and expense, (a) immediately replace any damaged or all broken glass in the Premises (including all interior and exterior doors and windows) with glass equal to or in excess of the same kindspecification and quality of the original glass; and (b) repair any damage caused by Tenant, size Tenant's agents, employees, invitees, visitors, subtenants or contractors. If Tenant fails to make any required repairs to the Premises within 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs and qualityTenant shall pay the reasonable cost of the repairs to Landlord within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 10% of the cost of the work performed. In addition, in the event Tenant fails to make any required repairs or provide the required janitorial services to the Premises and such failure continues beyond the applicable cure period provided in Article XIX.B. below, such failure shall constitute a default under this Lease. Tenant shall repair any damage to the Premises (including exterior doors maintain written records of maintenance and windows) caused repairs, as required by vandalism or any unauthorized entry. (3) Tenant shall maintain continuously throughout the Term a service contract for the washing of all windows (interior only) in the Premises with a contractor approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), which contract provides for the periodic washing of all such windows at least once every one hundred eighty (180) days during the Term. Tenant shall furnish Landlord with (i) copies of all such service contracts for the window washing, which shall provide that they may not be cancelled or changed without at least thirty (30) days’ prior written notice to LandlordLaw, and (ii) proof of completion of the repair work. The shall use certified technicians to perform any such maintenance and service contractors shall comply with all Laws and Regulations and comply with all requirements regarding insurance imposed by this Leaserepairs, as so required. (4) All repairs and replacements required of Tenant shall be promptly made with new materials of like kind and quality in compliance with Section 9.C below.

Appears in 1 contract

Samples: Office Lease Agreement (Intrabiotics Pharmaceuticals Inc /De)

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