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) floor covering; (2) interior partitions; (3) doors (4) interior walls and wall coverings; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the exclusive benefit of Tenant and 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 serving the Premises; (8) windows, glass and plate glass; (9) ceilings; (10) the roof membrane to the extent covering the Premises; (11) skylights, smoke hatches and roof vents (to the extent any exist in the Premises); (12) fixtures and equipment; (13) truck doors, hardware, dock bumpers, dock plates and levelers; (14) floors and floor coverings; and (15) Alterations performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant uses rail and if required by the railroad company, Tenant agrees to 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 in a manner consistent with other similar projects in the Redwood City, California area. The janitorial service to be provided by Tenant shall include, but not be 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 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,
Appears in 1 contract
Samples: Office Lease Agreement (Cardica Inc)
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 's express responsibility under this Lease, and shall keep the Premises (interior of the Premises and exterior) 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 's repair and replacement obligations include, without limitation, repairs to and replacements of: (1) floor covering; (2) interior partitions; (3) doors doors; (4) interior walls and wall coverings; (5) electronic, phone and data cabling and related equipment (collectively, “"Cable”") that is installed by or for the exclusive benefit of Tenant and 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 serving the Building and the Premises; (8) windows, glass and plate glass; (9) ceilings; (10) the roof membrane to the extent covering the Premisesmembrane(s); (11) skylights, smoke hatches and roof vents (to the extent any exist in the Premises); (12) fixtures and equipment; and (13) truck doors, hardware, dock bumpers, dock plates and levelers; (14) floors and floor coverings; and (15) Alterations performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant uses rail and if required by the railroad company, Tenant agrees to 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 in a manner consistent with other similar office projects in the Redwood CityMountain 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 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 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 hereunderBuilding as Landlord may reasonably designate, including, without limitation, the HVAC, electrical and life safety systems exclusively serving of 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 DateBuilding. Without limiting the foregoing, Tenant shall, at Tenant’s 's sole cost and expense,, (a) immediately replace all broken glass in the Premises with glass equal to or in excess of the specification and quality of the original glass; and (b) 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 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 Tenant 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 maintain written records of maintenance and repairs and shall use certified technicians to perform any such maintenance and repairs.
Appears in 1 contract
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 's express responsibility under this Lease, and shall keep the Premises (interior of the Premises and exterior) 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 's repair and replacement obligations include, without limitation, repairs to and replacements of: (1) floor covering; (2) interior partitions; (3) doors doors; (4) interior walls and wall coverings; (5) electronic, phone and data cabling and related equipment (collectively, “"Cable”") that is installed by or for the exclusive benefit of Tenant and 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 serving and located within the Building and the Premises; (8) windows, glass and plate glass; (9) ceilings; (10) the roof membrane to the extent covering the Premisesmembrane(s); (11) skylights, smoke hatches and roof vents (to the extent any exist in the Premises); (12) fixtures and equipment; and (13) truck doors, hardware, dock bumpers, dock plates and levelers; (14) floors and floor coverings; and (15) Alterations performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant uses rail and if required by the railroad company, Tenant agrees to 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 in a manner consistent with other similar office projects in the Redwood CityMountain 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 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 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 hereunderBuilding as Landlord may reasonably designate, including, without limitation, the HVAC, electrical and life safety systems exclusively serving of 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 DateBuilding. Without limiting the foregoing, Tenant shall, at Tenant’s 's sole cost and expense,, (a) immediately replace all broken glass in the Premises with glass equal to or in excess of the specification and quality of the original glass; and (b) 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 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 Tenant 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 maintain written records of maintenance and repairs and shall use certified technicians to perform any such maintenance and repairs.
Appears in 1 contract
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 's express responsibility under this Lease, and shall keep the Premises (interior of the Premises and exterior) 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 's repair and replacement obligations include, without limitation, repairs to and replacements of: (1) floor covering; (2) interior partitions; (3) doors doors; (4) interior walls and wall coverings; (5) electronic, phone and data cabling and related equipment (collectively, “"Cable”") that is installed by or for the exclusive benefit of Tenant and 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 sprinklersplumbing, sewer connections (within the Building)connections, wiring, electrical, lighting, and fire, life safety equipment and systems exclusively serving the Building and the Premises; (8) windows, glass and plate glass; (9) ceilings; (10) the roof membrane to the extent covering the Premisesmembrane(s); (11) skylights, smoke hatches and roof vents (to the extent any exist in the Premises); (12) fixtures and equipment; and (13) truck doors, hardware, dock bumpers, dock plates and levelers; (14) floors and floor coverings; and (15) Alterations performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant uses rail and if required by the railroad company, Tenant agrees to 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 in a manner consistent with other similar projects first-class office buildings in the Redwood CityMountain 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 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 for regularly scheduled preventative maintenance with contractors reasonably acceptable to Landlord for the maintenance and repair of those systems exclusively servicing the Premises which Tenant is required to maintain hereunderBuilding as Landlord may reasonably designate, including, without limitation, the HVAC, electrical electrical, and life safety systems exclusively serving of 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 DateBuilding. Without limiting the foregoing, Tenant shall, at Tenant’s 's sole cost and expense,, (a) immediately replace all broken glass in the Premises with glass equal to or in excess of the specification and quality of the original glass; and (b) repair any damage caused by Tenant, 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 Tenant 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 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 (collectively, a "Tenant Fault"), the cost of such Capital Improvement Expense shall be apportioned between Landlord and Tenant such that Tenant shall pay, within 30 days after written demand thereof from Landlord, an amount equal to the product of (x) the total cost of the Capital Improvement Expense divided by the lesser of (a) 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 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 Tenant Fault, Tenant shall pay to Landlord, within 30 days after written demand thereof from Landlord, the total amount of such Capital Improvement Expense.
Appears in 1 contract
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 '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 casualty damage by casualty (subject to the terms of Article XVII) excepted. Tenant’s 's repair and replacement obligations include, without limitation, repairs to and replacements of: (1) floor covering; (2) interior partitions; (3) doors doors; (4) interior walls and wall coverings; (5) electronic, phone and data cabling and related equipment (collectively, “"Cable”") that is installed by or for the exclusive benefit of Tenant and 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 serving the Building and the Premises; (8) interior and exterior windows, glass and plate glass; (9) ceilings; (10) the roof membrane to the extent covering the Premisesmembrane(s) and roof penetrator(s); (11) skylights, smoke hatches and roof vents (to the extent any exist in the Premises); (12) fixtures and equipment; (13) truck doors, hardware, dock bumpers, dock plates and levelers; (14) floors and floor coverings; and (15) Alterations performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant uses rail and if required by the railroad company, Tenant agrees to 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 in a manner consistent with other similar projects in the Redwood City, California areaComparable Buildings. The janitorial service to be provided by Tenant shall include, but not be 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 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 hereunderBuilding as Landlord may reasonably designate, including, without limitation, the HVAC, electrical and life safety systems exclusively serving of 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 DateBuilding. Without limiting the foregoing, Tenant shall, at Tenant’s 's sole cost and expense,, (a) promptly replace all broken glass in the Premises with glass equal to or in excess of the specification and quality of the original glass; and (b) promptly 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 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 Tenant 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 maintain written records of maintenance and repairs and shall use certified technicians to perform any such maintenance and repairs.
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 of the Premises and exterior) 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) floor covering; (2) interior partitions; (3) doors doors; (4) interior walls and wall coverings; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building, Campus or Project; (6) supplemental air conditioning units, 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 serving the Building and the Premises; (8) windows, glass and plate glass; (9) ceilings; (10) the roof membrane to the extent covering the Premisesmembrane, roof screens and roof screen penetrators; (11) skylights, smoke hatches and roof vents (to the extent any exist in the Premises); (12) fixtures and equipment; and (13) truck doors, hardware, dock bumpers, dock plates and levelers; (14) floors and floor coverings; and (15) Alterations performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant uses rail and if required by the railroad company, Tenant agrees to 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 in a manner consistent with other similar projects in the Redwood CityMountain 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) times per year) 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. In addition, Tenant shall 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 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 hereunderBuilding as Landlord may reasonably designate, including, without limitation, the HVAC, electrical HVAC and life safety systems exclusively serving of the PremisesBuilding. Such service contracts must include all services suggested by In addition, Tenant shall perform testing of the equipment manufacturer within electrical systems in the operation/maintenance manual and must become effective and Building on a copy thereof delivered commercially reasonable, regular basis to Landlord within 30 days after ensure that such electrical systems are maintained in the Commencement Datemanner required herein. Without limiting the foregoing, Tenant shall, at Tenant’s sole cost and expense,, (a) immediately replace all broken glass in the Premises with glass equal to or in excess of the specification and quality of the original glass; and (b) repair any damage caused by Tenant, 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 Tenant 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 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.
Appears in 1 contract
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 's express responsibility under this Lease, and shall keep the Premises (interior of the Premises and exterior) 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 's repair and replacement obligations include, without limitation, repairs to and replacements of: (1) floor covering; (2) interior partitions; (3) doors doors; (4) interior walls and wall coverings; (5) electronic, phone and data cabling and related equipment (collectively, “"Cable”") that is installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building, Campus or Project; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, and similar facilities; (7) mechanical (including HVAC), plumbing fixtures, fire sprinklers, sewer connections (within the BuildingBuildings), wiring, electrical, lighting, and fire, life safety equipment and systems exclusively serving the Buildings and the Premises; (8) windows, glass and plate glass; (9) ceilings; (10) the roof membrane to the extent covering the Premisesmembrane, roof screens and roof screen penetrators; (11) skylights, smoke hatches and roof vents (to the extent any exist in the Premises); (12) fixtures and equipment; and (13) truck doors, hardware, dock bumpers, dock plates and levelers; (14) floors and floor coverings; and (15) Alterations performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant uses rail and if required by the railroad company, Tenant agrees to 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 in a manner consistent with other similar projects in the Redwood CityMountain 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) times per year) 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. In addition, Tenant shall 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 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 hereunderBuildings as Landlord may reasonably designate, including, without limitation, the HVAC, electrical HVAC and life safety systems exclusively serving of the PremisesBuildings. Such service contracts must include all services suggested by In addition, Tenant shall perform infrared testing of the equipment manufacturer within electrical systems in the operation/maintenance manual and must become effective and Buildings on a copy thereof delivered commercially reasonable, regular basis to Landlord within 30 days after ensure that such electrical systems are maintained in the Commencement Datemanner required herein. Without limiting the foregoing, Tenant shall, at Tenant’s 's sole cost and expense,, (a) immediately replace all broken glass in the Premises with glass equal to or in excess of the specification and quality of the original glass; and (b) repair any damage caused by Tenant, 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 Tenant 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 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.
Appears in 1 contract
Samples: Office Lease Agreement (Intrabiotics Pharmaceuticals Inc /De)
