Tenant’s Repair Obligations. Tenant shall keep the Premises in good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairs.
Appears in 2 contracts
Samples: Office Lease (CSR PLC), Office Lease (Power Efficiency Corp)
Tenant’s Repair Obligations. Tenant shall keep the Premises in good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, except with respect to the items in (9) above, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If any of the foregoing repairs are necessitated due to the negligent acts or omissions of any Landlord Party, Landlord shall be responsible for the cost of repairs; provided, however, such costs shall be reduced by insurance proceeds actually received by Tenant relating to such repairs. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 155% of the cost of the repairs.
Appears in 1 contract
Tenant’s Repair Obligations. Tenant as its sole expense shall comply with all applicable laws and governmental regulations governing the Premises and make all repairs necessary to keep the Premises in good the condition as existed on the Commencement Date (or on any later date that the improvements may have been installed), including without limitation all glass, windows, doors, door closures, hardware, fixtures, electrical, plumbing, fire extinguisher equipment and repair, other equipment. Any damage or deterioration of the Premises shall not be deemed ordinary wear and tear exceptedif the same could have been prevented by good maintenance practices by Tenant. As part of its maintenance obligations under this Lease, Tenant shall, at Xxxxxxxx's request, provide Landlord with copies of all maintenance schedules, reports and notices prepared by, for or on behalf of Tenant’s repair obligations include. All repairs shall be at least equal in quality to the original work, without limitationshall be made only by a licensed contractor approved in writing in advance by Landlord and shall be made only at the time or times approved by Landlord. Any contractor utilized by Tenant shall be subject to Landlord's standard commercially reasonable requirements for contractors, as modified from time to time. Landlord may impose reasonable restrictions and requirements with respect to repairs, as provided in Section 10.1, and the provisions of Section II, shall apply to all repairs. In the event of Tenant's failure to make required repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) or perform required maintenance following Landlord's notice and the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions expiration of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such noticeapplicable cure period, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairssuch repair on behalf of Tenant and at Xxxxxx's expense, and Tenant shall pay to promptly reimburse Landlord the reasonable cost of the repairs within 30 days after receipt for all costs incurred upon submission of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairs.
Appears in 1 contract
Samples: Work Letter Agreement (Eyeonics Inc)
Tenant’s Repair 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 in good condition and repair, ordinary reasonable wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooringcovering; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the exclusive benefit of Tenant whether and located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; and (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C IX.C. below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, may make the repairs, and Tenant shall pay to Landlord 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 1510% of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s 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 5 days after notice from Landlord and is diligently pursuing the same to completion.
Appears in 1 contract
Samples: Office Lease Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Tenant’s Repair Obligations. Tenant shall keep the non-structural elements (unless damage to structural elements is caused by a Tenant Party, or a transferee, invitee, contractor or licensee of Tenant) of the Premises in good condition and repair, ordinary wear and tear tear, casualty loss, condemnation and repairs that are not Tenant’s obligation hereunder excepted, and if any portion of the Premises is visible from any Common Area, such portion of the Premises shall be kept neat and clean. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone phone, data and data other cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; (9) HVAC repair and maintenance related to the HVAC system serving the Premises; and (910) all of Tenant’s furnishings, trade fixtures, equipment and inventory, except to the extent that any such Tenant repairs set forth in items (1) through (10) are necessitated as the result of the gross negligence or willful misconduct of any Landlord Party. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, notice or require that Tenant perform such obligations by using contractors reasonably approved by Landlord; provided, however, if regularly scheduled maintenance is occurring in the Premises pursuant to a written contract previously provided to Landlord, Landlord agrees that it shall not have the right to perform such maintenance, except in the event of an emergency. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below, provided that if Landlord elects to perform any of Tenant’s maintenance or repair obligations as permitted by the previous sentence, then Landlord shall only charge Tenant the actual cost incurred by Landlord (without any administrative charge by or from Landlord) for the performance of maintenance or repair obligations. If Tenant fails to make any repairs to the Premises for more than 15 days after Tenant, following delivery of notice from Landlord (although notice shall not be required if there is an emergency), (a) fails to make any repairs to the Premises within 15 days after delivery of such notice, or (b) fails to commence such repairs within 15 days after delivery such notice for any such repairs that cannot reasonably be completed within such 15 day period, or (c) commences to make the repairs described in (b) within 15 days after delivery of such notice but thereafter fails to diligently pursue the completion of such repairs, or (d) if there is an emergency, Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairs.
Appears in 1 contract
Samples: Office Lease (GameFly Inc.)
Tenant’s Repair 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 in good order, condition and repair, ordinary damage due to fire, casualty, taking and reasonable wear and tear excepted. For purposes of this Lease, the term “reasonable wear and tear” constitutes that normal, gradual deterioration which occurs due to aging and ordinary use of the Premises despite reasonable and timely maintenance and repair, but in no event shall “reasonable wear and tear” excuse Tenant from its duty to keep the Premises in good maintenance and repair or otherwise usable, serviceable and tenantable. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooringcovering; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone phone, telecommunications and data cabling and related equipment (collectively, “Cable”) that is installed by or for the exclusive benefit of Tenant whether and located in the Premises or in other portions of the BuildingBuilding (and Tenant’s contractor shall have access to the Building electrical and telephone closets for connection and maintenance without any charge from Landlord); (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; and (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C 9.C. below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergencyemergency involving risk of imminent injury to persons or imminent and significant property damage), Landlord may, in addition to any other remedy available to Landlord, may make the repairs, and Tenant shall pay to Landlord 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 1510% of the cost of the repairs. Notwithstanding the foregoing, if the repair required of Tenant cannot be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant has commenced such repair within said 15 day period and is diligently pursuing the same to completion.
Appears in 1 contract
Samples: Office Lease Agreement (Centrexion Therapeutics Corp)
Tenant’s Repair Obligations. Tenant shall keep the Premises in good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 158% of the cost of the repairs.
Appears in 1 contract
Tenant’s Repair Obligations. Tenant shall keep the Premises in good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 155% of the cost of the repairs.
Appears in 1 contract
Samples: Office Lease (Varolii CORP)
Tenant’s Repair 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 in good condition and repair, ordinary reasonable wear and tear and damage from casualty and condemnation (subject to the terms of Articles XVII and XVIII) excepted. Tenant’s 's repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooringcovering; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “"Cable”") that is installed by or for the exclusive benefit of Tenant whether and located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, 8) so long as Tenant shall give written notice to Landlord describing is the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any Sole Tenant of the maintenance or Building, heating, ventilating and air conditioning systems and equipment serving the Building. In addition and notwithstanding anything to the contrary contain in Section IX.B below, if Tenant is the Sole Tenant of the Building (as defined in Section VII.A.1.), Tenant's repair obligations specified shall also include, without limitation, the following: (a) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Buildings in such noticegeneral (including any equipment related thereto and located upon the roof of the Building); (b) the interior Common Areas of the Buildings (Landlord shall maintain the exterior Common Areas of the Buildings in accordance with its obligations as provided in Section IX.B below); and (c) exterior windows of the Building (excluding a failure of the window panes resulting from outspray from the water features of the Exterior Common Areas (i.e., water fountains) or require that Tenant perform such obligations by using contractors approved exterior sprinklers, the repair costs thereof to be borne by Landlord). All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C IX.C. below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, may make the repairs, and Tenant shall pay to Landlord 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 155% of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord's 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 5 days after notice from Landlord and is diligently pursuing the same to completion. If, pursuant to the terms of this Lease, Tenant is responsible for the repair and maintenance of the heating, ventilating and air conditioning units servicing the Premises, within 30 days following Landlord's receipt of written demand therefor accompanied by documented evidence of any such expense, Landlord shall reimburse Tenant for the costs of repairs, maintenance and replacement of the heating, ventilating and air conditioning units servicing the 2051 Building in excess of normal repair and maintenance (as defined in Section IV.C.7(r)) until the day following substantial completion of the HVAC Replacement Work (as defined in Section IX.B of this Lease) with respect to the 2051 Building and for the costs of repairs, maintenance and replacement of the heating, ventilating and air conditioning units servicing the 2061 Building in excess of normal repair and maintenance until the day following substantial completion of the HVAC Replacement Work with respect to the 2061 Building; provided that Landlord's obligation to reimburse Tenant as provided above shall in no event apply to the extent that any such items are covered under Tenant's Service Contract. For purposes of the foregoing, "normal repair and maintenance" shall have the same meaning as given in Section IV.C.7(r). If Tenant is the Sole Tenant of the Building (as defined in Section VII.A.1. above) Tenant, at Tenant's own expense, shall procure and maintain in full force and effect, a maintenance/service contract(s) (the "Service Contract"), in a form and with a maintenance contractor reasonably approved by Landlord, providing for the service, maintenance and repair of all (i) heating, ventilating and air conditioning systems and equipment, (ii) fire/life safety systems and equipment, and (iii) if required by Landlord, any other plumbing, electrical or mechanical systems and equipment serving the Building. The service contract(s) must include all services suggested by the equipment manufacturer within the operation/maintenance manual relating to such equipment and systems and must become effective and a copy thereof delivered to Landlord within thirty (30) days after the Commencement Date with respect to items (i) and (ii) above, or within 30 days after requested by Landlord with respect to item (iii) above. Tenant shall follow all reasonable recommendations of said contractor for the maintenance and repair of the equipment and systems covered by the Service Contract. The Service Contract shall provide that the contractor shall perform regularly scheduled inspections, preventative maintenance and service on the covered equipment and systems, and that having made such inspections, said contractor shall furnish a complete report of any defective conditions found to be existing with respect to such equipment, together with any recommendations for maintenance, repair and/or replacement thereof. Said report shall be furnished to Tenant with a copy to Landlord. Landlord may, upon notice to Tenant, enter into such a service contract on behalf of Tenant or perform the work and in either case charge Tenant the cost thereof along with a reasonable amount for Landlord's overhead. Notwithstanding the foregoing, except to the extent caused by Tenant or any of Tenant's agents, employees, contractors or invitees, to the extent that any single capital improvement (as distinguished from replacement parts or components installed in the ordinary course of business) must be made to properly repair, maintain, or replace any portion of the Premises for which Tenant is responsible (including, without limitation, Tenant's responsibility to comply with Laws as expressly provided in this Lease), and the cost of such single capital improvement exceeds $25,000.00 (an "Amortizable Capital Improvement"), so long as Tenant occupies 50% of the Premises, Tenant may elect to pay the amortized portions of the cost of any such Amortizable Capital Improvement which costs shall be amortized by Landlord over the lesser of the Payback Period (as defined in this Lease) or the useful life of the capital improvement as reasonably determined by Landlord. Landlord shall, on Tenant's behalf and at no cost to Landlord, diligently and reasonably enforce existing warranties and guarantees that cover any of Tenant's repair and maintenance obligations under this Lease; provided, however, that the foregoing shall in no event reduce or otherwise diminish Tenant's obligations under the terms and conditions of this Lease. To the extent a repair and maintenance obligation under this Lease is Tenant's responsibility and Landlord is the beneficiary of an existing and unexpired warranty or guaranty, Tenant shall not be obligated for the costs and expenses which are expressly covered by any such warranty and or guaranty (excluding any required contributions), whether or not Landlord actually receives the benefit thereof; provided, however, the foregoing shall not apply in the event and to the extent that Tenant or any Tenant Party invalidates, disqualifies or performs any act or omission that adversely affects the validity and /or effectiveness or enforceability of any such warranty and/or guaranty. Notwithstanding anything to the contrary contained herein, during the first 12 months of the initial Lease Term only, Landlord, not Tenant shall be responsible for any costs for repairs and replacements beyond normal wear and tear to the Premises, the Buildings and the Project, as reasonably determined by Landlord, except to the extent caused or exacerbated directly or indirectly by Tenant or any Tenant Party.
Appears in 1 contract
Samples: Office Lease Agreement (Actel Corp)
Tenant’s Repair Obligations. Tenant will, 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 in good condition and repair, ordinary wear and tear excepted. Tenant’s 's repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “"Cable”") that is installed by or for the benefit of Tenant whether and located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s 's furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C 10.C. below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergencyemergency and any notice of default given pursuant to Section 19.B. describing such failure shall be deemed to constitute such notice), Landlord may, in addition to any other remedy available to Landlord, may make the repairs, and Tenant shall pay to Landlord 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 157.5% of the cost of the repairs.
Appears in 1 contract
Samples: Office Lease (PROS Holdings, Inc.)
Tenant’s Repair Obligations. Subject to the casualty provisions of SECTION 7 and Landlord's obligations pursuant to SECTION 5.1, Tenant, at Tenant's cost, shall maintain (including making necessary repairs and replacement) the Premises in as good order, condition and repair as on the Commencement Date including, without limitation, the following: interior surfaces of walls and ceilings; exterior walls and roof; floors; wall and floor coverings; interior and exterior windows and plate glass; window coverings; doors; locks on closing devices; window casements and frames; storefronts; signs; awnings, canopies and display windows; plumbing and electrical systems serving the Premises (including replacement of light bulbs and tubes); exterior entrances; and all switches, fixtures and equipment in the Premises. Tenant shall, at Tenant's expense, immediately replace all broken or damaged glass with like-kind glass. Tenant shall keep at all times during the Term maintain (including making repairs and replacements) the parking areas within the Premises in good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations includeincluding, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side sweeping, removal of demising walls; (5) electronic, phone litter and data cabling debris and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventoryrestriping when necessary. Prior to performing any such repair obligationIn addition, Tenant shall give written notice repair (including making of required replacements) any damage or injury to Landlord describing other parts of the necessary maintenance Premises caused by the acts or repairomission of Tenant or Tenant's Authorized Representatives. Upon receipt of such noticeNotwithstanding the foregoing, Landlord may elect either to perform any of Tenant shall not be responsible for the maintenance or repair of any Care Center(s) and/or Office Building Tenant has elected to terminate its rights and obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails relating to make any repairs pursuant to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost terms of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairsthis Lease.
Appears in 1 contract
Samples: Skilled Healthcare Group Inc
Tenant’s Repair Obligations. Tenant shall keep the Premises in good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: ; (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligationobligation which may affect the systems or structure of the Building or any portion of the Common Areas or space leased to other tenants, or which requires work to be performed outside of the Premises or inside the walls or above the ceiling of the Premises, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. After a contractor has been approved by Landlord, Tenant may continue to use such contractor for future repairs until Landlord sends Tenant notice to stop using the contractor. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make commence any repairs to the Premises for more than 15 days after notice from Landlord (although although, notice shall not be required if there is an emergency)) and thereafter diligently pursue the completion of such repairs, Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairs.
Appears in 1 contract
Tenant’s Repair Obligations. Tenant shall keep the Premises in good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 1510% of the cost of the repairs. In the event the item requiring repair by Tenant hereunder is covered by a warranty, Tenant may utilize the contractor providing such warranty in order to perform such repairs, subject to Landlord’s prior written approval (such approval not to be unreasonably withheld, conditioned or delayed). In such event and upon Tenant’s written request, Landlord shall assign to Tenant on a non-exclusive basis, any warranties provided to Landlord relating to any such item requiring repair, to extent assignable.
Appears in 1 contract
Tenant’s Repair Obligations. Tenant shall keep the Premises in good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”“) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 1510% of the cost of the repairs.
Appears in 1 contract
Tenant’s Repair 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 in good order, condition and repair, ordinary damage due to fire, casualty, taking and reasonable wear and tear excepted. For purposes of this Lease, the term “reasonable wear and tear” constitutes that normal, gradual deterioration which occurs due to aging and ordinary use of the Premises despite reasonable and timely maintenance and repair, but in no event shall “reasonable wear and tear” excuse Tenant from its duty to keep the Premises in good maintenance and repair or otherwise usable, serviceable and tenantable. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooringcovering; (2) interior partitions; (3) doorsinterior and exterior doors of the Premises; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the exclusive benefit of Tenant whether and located in the Premises or in other portions of the BuildingBuilding (and Tenant’s contractor shall have access to the Building electrical and telephone closets for connection and maintenance without any charge from Landlord); (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; and (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C 9.C. below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, may make the repairs, and Tenant shall pay to Landlord 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 1510% of the cost of the repairs. Notwithstanding the foregoing, if the repair required of Tenant cannot be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant has commenced such repair within said 15 day period and is diligently pursuing the same to completion.
Appears in 1 contract
Samples: Office Lease Agreement (Thimble Point Acquisition Corp.)
Tenant’s Repair 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 in good condition and repair, ordinary reasonable wear and tear excepted, and subject to the provisions of Section XVII (Casualty Damage) and XVIII (Condemnation) of this Lease. Tenant’s 's repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooringcovering; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “"Cable”") that is installed by or for the exclusive benefit of Tenant whether and located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; and (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C IX.C. below. If Tenant fails to make any repairs to the Premises for more than 15 30 days after notice from Landlord (although notice shall not be required if there is an emergency) (which 30-day period shall be extended for such additional time as shall be reasonably necessary under the circumstances provided that Tenant commences cure within such 30-day period and is diligently prosecuting completion of the same), Landlord may, in addition to any other remedy available to Landlord, may make the repairs, and Tenant shall pay to Landlord 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 1510% of the cost of the repairs.
Appears in 1 contract
Tenant’s Repair 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 in good condition and repair, ordinary reasonable wear and tear and damage due to casualty (subject to Section XVII below) or condemnation excepted. Tenant’s repair 's obligations include, without limitation, shall consist of repairs to: (1) floor covering and/or raised flooringcovering; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “"Cable”") that is installed by or for the exclusive benefit of Tenant whether and located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; and (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C IX.C. below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, may make the repairs, and Tenant shall pay to Landlord 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 157% of the cost of the repairs. Notwithstanding the foregoing, if more than 15 days is reasonably required to complete such repairs, then Tenant shall be allowed additional time (not to exceed 60 days) as is reasonably necessary to complete such repairs so long as: (i) Tenant commences the work within 15 days, and (ii) Tenant diligently pursues a course of action to complete the work. However, if Tenant's failure to complete the work within 15 days creates a hazardous condition, then the failure may be cured immediately by Landlord.
Appears in 1 contract
Tenant’s Repair Obligations. Tenant shall keep the Premises in good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors reasonably approved by Landlord. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after receipt of written notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairs.
Appears in 1 contract
Tenant’s Repair 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 in good condition and repair, ordinary reasonable wear and tear excepted. Tenant’s 's repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooringcovering; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “"Cable”") that is installed by or for the exclusive benefit of Tenant whether and located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; and (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice not be responsible for any structural alterations or repairs to Landlord describing the necessary maintenance Premises, unless such structural alterations or repair. Upon receipt repairs are required as a result of such notice, Landlord may elect either to perform any use of the maintenance Premises by Tenant other than the Permitted Use, caused by the negligence or repair obligations specified in such noticewilful misconduct of Tenant or breach of this Lease by Tenant, required under Section V above or require that Tenant perform such obligations by using contractors approved by Landlordrequired as a result of any Leasehold Improvements under Section VIII above. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C IX.C. below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, may make the repairs, and Tenant shall pay to Landlord 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 1510% of the cost of the repairs.
Appears in 1 contract
Tenant’s Repair 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 in good condition and repair, ordinary wear and tear excepted. 18 (which standard shall be set by comparison of the Tenant’s electrical consumption with the electrical consumption of other general office use tenants in the Building that do not have submeters) 19 , but only if Landlord is installing submeters for all tenants or has a reasonable belief that Tenant’s electrical consumption is above Building standard 20 (which standard shall be set by comparison of the Tenant’s overall usage, voltage rated capacity, use beyond Normal Business Hours, and overall electrical load with the overall usage, voltage rated capacity, use beyond Normal Business Hours and overall electrical load of other general office use tenants in the Building that do not have submeters) Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether and located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing reserves the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either right to perform any of the foregoing maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations be performed by using contractors a contractor approved by Landlord, all at Tenant’s expense. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord 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 15% of the cost of the repairs.
Appears in 1 contract
Samples: Office Lease (Gainsco Inc)
Tenant’s Repair Obligations. Tenant shall keep the Premises in good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior One Buckhead Plaza/Safety Quick Light LLC 10 side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 fifteen (15) days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to fifteen percent (15% %) of the cost of the repairs.
Appears in 1 contract
Tenant’s Repair Obligations. Tenant shall keep the Premises in good condition and repair, ordinary wear and tear and damage from casualty excepted. Tenant’s repair obligations 2100 SPACE PARK DRIVE/LOCKHEED XXXXXX CORPORATION Office Lease include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 157% of the cost of the repairs.
Appears in 1 contract
Tenant’s Repair Obligations. Tenant shall keep the Premises in good condition and repair, ordinary wear and tear excepted, except as provided in Section 9.B below. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit exclusive use of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; and (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either (a) to perform any of the maintenance or repair obligations specified in such noticenotice (provided Landlord’s charge for such work is competitive with the fees charged for comparable work by contractors performing work in the Fort Worth, Texas area who are similarly experienced in comparable work), or (b) require that Tenant perform such obligations by using contractors approved by Landlord, which approval shall not be unreasonably withheld. Notwithstanding the foregoing, if the maintenance or repair will cost less than $25,000, Tenant may perform such obligations pursuant to (b) above. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make commence and complete any repairs to the Premises for more than 15 fifteen (15) days after notice from Landlord (although notice shall not be required if there is an emergency)) or such longer period of time as may be reasonably necessary provided Tenant diligently pursues such repairs to completion, Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to 15% ten percent (10%) of the cost of the repairs.
Appears in 1 contract
Samples: Office Lease (Pier 1 Imports Inc/De)
Tenant’s Repair Obligations. In addition to Tenant's repair obligations pursuant to Article V hereof, 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, ordinary reasonable wear and tear and damage by casualty or condemnation excepted. Tenant’s 's repair obligations include, without limitation, non-structural repairs toto the following located within or exclusively serving the Premises: (1) floor covering and/or raised flooringcovering; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “"Cable”") that is installed by or for the exclusive benefit of Tenant whether and located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; and (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C IX.C. below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, may make the repairs, and Tenant shall pay to Landlord 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 155% of the cost of the repairs.
Appears in 1 contract
Samples: Office Lease Agreement (Engage Inc)
Tenant’s Repair Obligations. Tenant shall keep the Premises in good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make commence any repairs to the Premises for more than 15 days after notice from Landlord and thereafter diligently pursue the completion of such repairs (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 155% of the cost of the repairs.
Appears in 1 contract
Tenant’s Repair 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 in good condition and repair, ordinary reasonable wear and tear excepted. Tenant’s 's repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooringcovering; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “"Cable”") that is installed by or for the exclusive benefit of Tenant whether and located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; and (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt balancing required as a result of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by LandlordAlteration. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C IX.C. below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, may make the repairs, and Tenant shall pay to Landlord 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 155% of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within ten (10) days by Tenant or Landlord, Landlord shall not exercise its right to make such repair on Tenant's behalf so long as Tenant commences such repair within five (5) days after notice from Landlord and is diligently pursuing the same to completion.
Appears in 1 contract
Tenant’s Repair Obligations. Tenant shall keep the Premises in good condition and repair, ordinary wear and tear excepted. excepted Tenant’s 's repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “"Cable”") that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s 's furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such noticenotice in a reasonably timely manner, or require that Tenant perform such obligations by using contractors approved by Landlord, which approval shall not be unreasonably withheld. All work shall be performed at Tenant’s Tenants expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 1510% of the cost of the repairs.
Appears in 1 contract
Tenant’s Repair Obligations. Tenant shall shall, at its sole cost and expense, keep the Premises and all fixtures installed by or on behalf of Tenant in good condition and repairtenantable repair and condition. Tenant shall promptly make all necessary non‑structural repairs and replacements thereto except those caused by fire or other casualty covered by Landlord’s insurance on the Building, ordinary wear all at Tenant’s expense, under the supervision and tear exceptedwith the approval of Landlord. All repairs and replacements must be equal or better in quality and class to the original work. Tenant’s repair obligations include, without limitation, repairs to: (1) to floor covering and/or raised flooring; (2) covering, interior partitions; (3) , doors; (4) , the interior side of demising walls; (5) , electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the exclusive benefit of Tenant whether and located in the Premises or in other portions of the Building; (6) , supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines heaters and similar facilities plumbing serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) , and alterations performed by contractors retained engaged by Tenant, including related HVAC balancing; and (9) all . Without diminishing this obligation of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If if Tenant fails to make any repairs to the Premises for more than 15 and replacements within 10 days after notice from Landlord (although notice shall not be required if there is in the event of an emergency), Landlord may, in addition to any other remedy available to Landlord, may at its option make the repairs, repairs and replacements and Tenant shall pay Landlord on demand the reasonable costs incurred by Landlord, plus an administrative fee equal to 5% of the actual cost thereof. Subject to Section 17 below, Tenant shall also pay the cost of repairs and replacements due to damage or injury to the Building, the Property or any part thereof caused by Tenant, or Tenant’s employees, officers, directors contractors, or agents. Such costs shall be payable to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoiceinvoice therefor. If Landlord performs any maintenance or repairs to the Premises at the request of Tenant, together with Tenant shall pay to Landlord the actual cost thereof, plus an administrative charge in an amount fee equal to 155% of the actual cost thereof, within 30 days after receipt of the repairsan invoice therefor.
Appears in 1 contract
Samples: Office Lease (JRjr33, Inc.)
Tenant’s Repair Obligations. Except as provided in Section 11.2 below, Tenant shall keep at all times and at Tenant's sole cost and expense, keep, maintain, clean, repair, renovate, replace and preserve the Premises and all parts thereof, including, without limitation, the non-structural portions of the Building, utility meters, plumbing, pipes and conduits, all heating, ventilating and air conditioning systems located within the Premises, all fixtures, furniture and equipment, Tenant's signs, if any, locks, closing devices, security devices, windows, window sashes, casements and frames, floors and floor coverings, shelving, restrooms, ceilings, interior walls, roof, skylights, interior and demising walls, doors, electrical and lighting equipment, sprinkler systems, parking areas, driveways, walkways, parking lots, loading dock areas and doors (including, without limitation, roll up doors), rail spur areas, fences, signs, lawns and landscaping, if any, all Tenant Improvements, Tenant Changes or other alterations, additions and other property and/or fixtures located within the Premises in good condition and repair, ordinary reasonable wear and tear excepted. Tenant’s 's repair and maintenance obligations shall include, without limitationbut not be limited to, slurry coating the parking areas every thirty (30) months; parking area and driveway sweeping and repairing; and responsibility for painting. Tenant shall at all times during the Term make all non-structural changes, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) and improvements to the interior side Premises of demising walls; (5) electronicevery kind and nature, phone and data cabling and related equipment (collectivelywhether ordinary or extraordinary, “Cable”) that is installed foreseen or unforeseen, which may be required by any Laws or for the benefit of Tenant whether located in the Premises or in other portions safety of the Building; (6) supplemental Premises. Tenant agrees to procure and maintain maintenance contracts for all heating, ventilating and air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by systems with reputable contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors reasonably approved by Landlord. All work Such maintenance and repairs shall be performed at Tenant’s expense with due diligence, lien-free and in accordance with the rules a good and procedures described in Section 9.C below. If workmanlike manner, by licensed contractor(s) which are selected by Tenant fails to make any repairs to the Premises for more than 15 days after notice from and approved by Landlord, which approval Landlord (although notice shall not unreasonably withhold or delay; provided that no such approval of Landlord is required for any one-time service work under $5,000.00. Tenant shall be required if there is an emergency)responsible for employing a janitorial and maintenance service for the Premises, Landlord may, in addition to any other remedy available to which contractor shall provide services five (5) days per week and shall be reasonably approved by Landlord, make the repairs, and Tenant hereby acknowledges that Landlord shall pay have no obligation whatsoever to Landlord provide such services at the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairsPremises.
Appears in 1 contract
Samples: Single Tenant Lease (Biocept Inc)
Tenant’s Repair Obligations. Tenant shall keep the Premises in good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors proposed by Tenant and approved by Landlord, all at Tenant’s expense. All work shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 1510% of the cost of the repairs.
Appears in 1 contract
Samples: Office Lease (Wells Mid-Horizon Value-Added Fund I LLC)
