Tenant’s Repair Obligations. Tenant shall, at its sole cost and expense, keep the Premises and all fixtures installed by or on behalf of Tenant in good and tenantable 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, all at Tenant’s expense, under the supervision and with 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 floor covering, interior partitions, doors, the interior side of demising walls, 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, supplemental air conditioning units, kitchens, including hot water heaters and plumbing serving Tenant exclusively, and alterations performed by contractors engaged by Tenant, including related HVAC balancing. Without diminishing this obligation of Tenant, if Tenant fails to make any repairs and replacements within 10 days after notice from Landlord (although notice shall not be required in the event of an emergency), Landlord may at its option make the 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 within 30 days after receipt of an invoice therefor. If Landlord performs any maintenance or repairs to the Premises at the request of Tenant, Tenant shall pay to Landlord the actual cost thereof, plus an administrative fee equal to 5% of the actual cost thereof, within 30 days after receipt of an invoice therefor.
Appears in 1 contract
Samples: Office Lease (JRjr33, Inc.)
Tenant’s Repair Obligations. Tenant shall, at its sole cost and expense, shall keep the Premises and all fixtures installed by or on behalf of Tenant in good condition and tenantable repair repair, ordinary wear 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, all at Tenant’s expense, under the supervision and with the approval of Landlord. All repairs and replacements must be equal or better in quality and class to the original worktear excepted. Tenant’s repair obligations include, without limitation, repairs to to: (1) floor covering, 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 exclusive benefit of Tenant and 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 heaters, plumbing, dishwashers, ice machines and plumbing similar facilities serving Tenant exclusively, and alterations ; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors engaged retained by Tenant, including related HVAC balancing. Without diminishing this obligation ; and (9) all of Tenant’s furnishings, if 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 and replacements within 10 to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in the event of if there is an emergency), Landlord may at its option may, in addition to any other remedy available to Landlord, 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 within 30 days after receipt of an invoice therefor. If Landlord performs any maintenance or repairs to the Premises at the request of Tenant, Tenant shall pay to Landlord the actual reasonable cost thereof, plus an administrative fee equal to 5% of the actual cost thereof, repairs within 30 thirty (30) days after receipt of an invoice thereforinvoice, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs.
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Tenant’s Repair Obligations. Tenant shall, at its sole cost and expense, shall keep the Premises and all fixtures installed by or on behalf of Tenant in good condition and tenantable repair repair, ordinary wear 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, all at Tenant’s expense, under the supervision and with the approval of Landlord. All repairs and replacements must be equal or better in quality and class to the original worktear excepted. Tenant’s repair obligations include, without limitation, repairs to to: (1) floor covering, 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 exclusive benefit of Tenant and 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 heaters, plumbing, dishwashers, ice machines and plumbing similar facilities serving Tenant exclusively, and alterations ; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors engaged retained by Tenant, including related HVAC balancing. Without diminishing this obligation ; and (9) all of Tenant’s furnishings, if 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 and replacements within 10 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 in the event of if there is an emergency), Landlord may at its option may, in addition to any other remedy available to Landlord, make the repairs and replacements repairs, and Tenant shall pay to Landlord on demand the reasonable costs incurred by Landlord, plus an administrative fee equal to 5% cost 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 within 30 days after receipt of an invoice therefor. If Landlord performs any maintenance or repairs to the Premises at the request of Tenantinvoice, Tenant shall pay to Landlord the actual cost thereof, plus together with an administrative fee charge in an amount equal to 5% of the actual cost thereof, within 30 days after receipt of an invoice thereforthe repairs.
Appears in 1 contract
Tenant’s Repair Obligations. Except for Landlord’s obligations under Sections 11.2, and subject to the replacement provisions set forth in Section 11.3, Tenant shall, shall at its all times and at Tenant’s sole cost and expense, keep keep, maintain, clean, repair, renovate, retrofit, replace and preserve the Premises and all non-structural parts thereof, including, without limitation, 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 (membrane only), skylights, interior and demising walls, doors, electrical and lighting equipment, sprinkler systems, Parking Areas (as hereinafter defined), driveways, walkways, loading dock areas and 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 installed by or on behalf of Tenant located within the Premises in good condition and tenantable repair repair, reasonable wear and condition. Tenant shall promptly make all necessary non‑structural repairs tear, condemnation, casualty, and replacements thereto except those caused by fire or other casualty covered by Landlord’s insurance on the Buildingexpress repair, all at Tenant’s expensereplacement, under the supervision and with the approval of Landlord. All repairs and replacements must be equal or better in quality and class to the original workrestoration obligations excepted. Tenant’s repair and maintenance obligations shall include, without limitation, repairs to floor covering, interior partitions, doors, the interior side of demising walls, 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, supplemental air conditioning units, kitchens, including hot water heaters and plumbing serving Tenant exclusively, and alterations performed by contractors engaged by Tenant, including related HVAC balancing. Without diminishing this obligation of Tenant, if Tenant fails to make any repairs and replacements within 10 days after notice from Landlord (although notice shall but not be required limited to, slurry coating the Parking Areas as necessary to property maintain the asphalt, but not more often than once every thirty-six (36) months (subject to Landlord’s initial obligation to slurry coat the Parking Areas as set forth in the event of an emergencySection 11.2 below), Landlord may at its option make the repairs ; Parking Area and replacements driveway sweeping and Tenant shall pay Landlord on demand the reasonable costs incurred by repairing; and responsibility for painting. Except for Landlord, plus an administrative fee equal to 5% of the actual cost thereof. Subject to ’s obligations in Section 17 11.2 below, Tenant shall also pay at all times during the cost of Term make all structural and non-structural changes, 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 within 30 days after receipt of an invoice therefor. If Landlord performs any maintenance or repairs improvements to the Premises at of every kind and nature, whether ordinary or extraordinary, foreseen or unforeseen, which may be required by any applicable laws or for the request of Tenant, Tenant shall pay to Landlord the actual cost thereof, plus an administrative fee equal to 5% safety of the actual cost thereofPremises, within 30 days after receipt of an invoice thereforif and to the extent required by Section 6 above. Tenant agrees to procure and maintain maintenance contracts (reasonably pre-approved by Landlord) for Tenant’s obligations hereunder with reputable, licensed contractors reasonably pre-approved by Landlord, such approval not be unreasonably withheld, conditioned or delayed. Such maintenance and repairs shall be performed with due diligence, lien-free and in a good and workmanlike manner.
Appears in 1 contract
Samples: Single Tenant Lease (Triple Net) (Global Brass & Copper Holdings, Inc.)
Tenant’s Repair Obligations. Tenant shall, at its sole cost and expense, 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 and all fixtures installed by or on behalf of Tenant in good condition and tenantable repair repair, ordinary wear and condition. Tenant shall promptly make all necessary non‑structural tear, casualty loss, condemnation and repairs and replacements thereto except those caused by fire or other casualty covered by Landlord’s insurance on the Building, all at that are not Tenant’s expenseobligation hereunder excepted, under and if any portion of the supervision Premises is visible from any Common Area, such portion of the Premises shall be kept neat and with the approval of Landlord. All repairs and replacements must be equal or better in quality and class to the original workclean. Tenant’s repair obligations include, without limitation, repairs to to: (1) floor covering, 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 exclusive benefit of Tenant and 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 heaters, plumbing, dishwashers, ice machines and plumbing similar facilities serving Tenant exclusively, and alterations ; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors engaged retained by Tenant, including related HVAC balancing. Without diminishing this obligation ; (9) HVAC repair and maintenance related to the HVAC system serving the Premises; and (10) 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 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 fails to make the actual cost incurred by Landlord (without any repairs and replacements within 10 days after administrative charge by or from Landlord) for the performance of maintenance or repair obligations. If Tenant, following delivery of notice from Landlord (although notice shall not be required in the event of if there is an emergency), Landlord may at its option (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 and replacements 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 on demand the reasonable costs incurred by Landlord, plus an administrative fee equal to 5% cost 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 within 30 days after receipt of an invoice therefor. If Landlord performs any maintenance or repairs to the Premises at the request of Tenantinvoice, Tenant shall pay to Landlord the actual cost thereof, plus together with an administrative fee charge in an amount equal to 515% of the actual cost thereof, within 30 days after receipt of an invoice thereforthe 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 and all fixtures installed by or on behalf of Tenant in good condition and tenantable repair repair, ordinary wear and conditiontear excepted. Tenant 18 (which standard shall promptly make all necessary non‑structural repairs and replacements thereto except those caused be set by fire or other casualty covered by Landlord’s insurance on comparison of the Building, all at Tenant’s expense, under the supervision and electrical consumption with the approval electrical consumption of Landlord. All repairs 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 replacements must be equal or better 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 quality and class to the original work. Building that do not have submeters) Tenant’s repair obligations include, without limitation, repairs to to: (1) floor covering, 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 exclusive benefit of Tenant and located in the Premises or other portions of the Building, ; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters heaters, plumbing, dishwashers, ice machines and plumbing similar facilities serving Tenant exclusively, and alterations ; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors engaged retained by Tenant, including related HVAC balancing. Without diminishing this obligation ; and (9) all of Tenant’s furnishings, if trade fixtures, equipment and inventory. Landlord reserves the right to perform any of the foregoing maintenance or repair obligations or require that such obligations be performed by a contractor approved by Landlord, all at Tenant’s expense. All work shall be performed in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs and replacements within 10 to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in the event of if there is an emergency), Landlord may at its option may, in addition to any other remedy available to Landlord, make the repairs and replacements repairs, and Tenant shall pay Landlord on demand the reasonable costs incurred by Landlord, plus an administrative fee equal to 5% cost 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 within 30 days after receipt of an invoice therefor. If Landlord performs any maintenance or repairs to the Premises at the request of Tenantinvoice, Tenant shall pay to Landlord the actual cost thereof, plus together with an administrative fee charge in an amount equal to 515% of the actual cost thereof, within 30 days after receipt of an invoice thereforthe repairs.
Appears in 1 contract
Samples: Office Lease (Gainsco Inc)
Tenant’s Repair Obligations. Tenant shall, at its sole cost and expense, shall keep the Premises and all fixtures installed by or on behalf of Tenant in good condition and tenantable repair repair, ordinary wear 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, all at Tenant’s expense, under the supervision and with the approval of Landlord. All repairs and replacements must be equal or better in quality and class to the original worktear excepted. Tenant’s repair obligations include, without limitation, repairs to to: (1) floor covering, 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 exclusive benefit of Tenant and 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 heaters, plumbing, dishwashers, ice machines and plumbing similar facilities serving Tenant exclusively, and alterations ; (7) phone rooms used exclusively by Tenant; (8) Alterations performed by contractors engaged retained by Tenant, including related HVAC balancing. Without diminishing this obligation ; and (9) all of Tenant’s furnishings, if 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 and replacements within 10 to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in the event of if there is an emergency), Landlord may at its option may, in addition to any other remedy available to Landlord, make the repairs and replacements repairs, and Tenant shall pay to Landlord on demand the reasonable costs incurred by Landlord, plus an administrative fee equal to 5% cost 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 within 30 days after receipt of an invoice therefor. If Landlord performs any maintenance or repairs to the Premises at the request of Tenantinvoice, Tenant shall pay to Landlord the actual cost thereof, plus together with an administrative fee charge in an amount equal to 5% of the actual cost thereof, within 30 days after receipt of an invoice thereforthe repairs.
Appears in 1 contract
Tenant’s Repair Obligations. Tenant shall, at its sole cost and expense, shall keep the Premises and all fixtures installed by or on behalf of Tenant in good condition and tenantable repair repair, ordinary wear 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, all at Tenant’s expense, under the supervision and with the approval of Landlord. All repairs and replacements must be equal or better in quality and class to the original worktear excepted. Tenant’s repair obligations include, without limitation, repairs to to: (1) floor covering, 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 exclusive benefit of Tenant and 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 heaters, plumbing, dishwashers, ice machines and plumbing similar facilities serving Tenant exclusively, and alterations ; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors engaged retained by Tenant, including related HVAC balancing. Without diminishing this obligation ; and (9) all of Tenant’s furnishings, if 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 and replacements within 10 to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in the event of if there is an emergency), Landlord may at its option may, in addition to any other remedy available to Landlord, make the repairs and replacements repairs, and Tenant shall pay to Landlord on demand the reasonable costs incurred by Landlord, plus an administrative fee equal to 5% cost 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 within 30 days after receipt of an invoice therefor. If Landlord performs any maintenance or repairs to the Premises at the request of Tenantinvoice, Tenant shall pay to Landlord the actual cost thereof, plus together with an administrative fee charge in an amount equal to 5% of the actual cost thereof, within 30 days after receipt of an invoice thereforthe repairs.
Appears in 1 contract
Samples: Office Lease (Varolii CORP)
Tenant’s Repair Obligations. Tenant shall, at its sole cost and expense, shall keep the Premises and all fixtures installed by or on behalf of Tenant in good condition and tenantable repair repair, ordinary wear and condition. Tenant shall promptly make all necessary non‑structural repairs and replacements thereto tear excepted, except those caused by fire or other casualty covered by Landlord’s insurance on the Building, all at Tenant’s expense, under the supervision and with the approval of Landlord. All repairs and replacements must be equal or better as provided in quality and class to the original workSection 9.B below. Tenant’s repair obligations include, without limitation, repairs to to: (1) floor covering, 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 exclusive benefit use of Tenant and 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 heaters, plumbing, dishwashers, ice machines and plumbing similar facilities serving Tenant exclusively, ; (7) phone rooms used exclusively by Tenant; and alterations (8) Alterations (defined below) performed by contractors engaged retained by Tenant, including related HVAC balancing. Without diminishing this obligation Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of Tenantsuch notice, Landlord may elect either (a) to perform any of the maintenance or repair obligations specified in such notice (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 and replacements within 10 to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in the event of 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 at its option may, in addition to any other remedy available to Landlord, 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 within 30 days after receipt of an invoice therefor. If Landlord performs any maintenance or repairs to the Premises at the request of Tenant, Tenant shall pay to Landlord the actual reasonable cost thereof, plus an administrative fee equal to 5% of the actual cost thereof, repairs within 30 thirty (30) days after receipt of an invoice thereforinvoice, together with an administrative charge in an amount equal to 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. Tenant shall, at its sole cost and expense, shall keep the Premises and all fixtures installed by or on behalf of Tenant in good condition and tenantable repair repair, ordinary wear 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, all at Tenant’s expense, under the supervision and with the approval of Landlord. All repairs and replacements must be equal or better in quality and class to the original worktear excepted. Tenant’s repair obligations include, without limitation, repairs to to: (1) floor covering, 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 exclusive benefit of Tenant and 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 heaters, plumbing, dishwashers, ice machines and plumbing similar facilities serving Tenant exclusively, and alterations ; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors engaged retained by Tenant, including related HVAC balancing. Without diminishing this obligation ; and (9) all of Tenant’s furnishings, if 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 and replacements within 10 to the Premises for more than 15 days after receipt of written notice from Landlord (although notice shall not be required in the event of if there is an emergency), Landlord may at its option may, in addition to any other remedy available to Landlord, make the repairs and replacements repairs, and Tenant shall pay to Landlord on demand the reasonable costs incurred by Landlord, plus an administrative fee equal to 5% cost 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 within 30 days after receipt of an invoice therefor. If Landlord performs any maintenance or repairs to the Premises at the request of Tenantinvoice, Tenant shall pay to Landlord the actual cost thereof, plus together with an administrative fee charge in an amount equal to 515% of the actual cost thereof, within 30 days after receipt of an invoice thereforthe repairs.
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Tenant’s Repair Obligations. Except for (i) Landlord's obligations to maintain those Common Areas (other than Tenant's Site) as provided in Section 4.2; and (ii) Landlord's obligations under Section 11.2 and the Work Letter Agreement attached to this Lease as Exhibit "B", Tenant shall, shall at its all times and at Tenant's sole cost and expense, keep keep, maintain, clean, repair, renovate, retrofit, replace and preserve the Premises Premises, Tenant's Site and all fixtures installed by or on behalf of Tenant in good and tenantable 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 Buildingparts thereof, all at Tenant’s expense, under the supervision and with 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 includeincluding, without limitation, repairs to (a) utility meters, plumbing, pipes and conduits, all heating, ventilating and air conditioning systems located within the Premises, all fixtures, furniture and equipment, Tenant's Signage (as provided further in Section 6.2 above), locks, closing devices, security devices, windows, window sashes, casements and frames, floors and floor coveringcoverings, shelving, restrooms, ceilings, interior partitionswalls, roof membranes, skylights, interior partition walls and demising walls, doors, electrical and lighting equipment, sprinkler systems, loading dock areas and doors, and all Base Improvements (other than those identified to be Landlord's responsibility under Section 11.2), Tenant Improvements, Tenant Changes and other alterations, additions and other property and/or fixtures located within the interior side Premises and (b) to the extent such items are included in Tenant's Site, parking facilities (including slurry coating at such intervals during the initial Term and any Option Periods(s) as reasonably determined by Tenant), driveways (including regularly scheduled sweeping), walkways, rail spur areas (if any), fences, lawns and landscaped areas, in a condition consistent with comparable first-class buildings in the Sorrento Mesa area, reasonable wear and tear excepted. Tenant's repair and maintenance obligations shall include, but not be limited to, responsibility for painting the exterior of demising wallsthe Premises whenever necessary to maintain the first-class appearance of the Premises. Except as provided in Section 11.2, electronicTenant shall at all times during the Term make all changes, phone repairs and data cabling improvements to the Premises of every kind and related equipment (collectivelynature, “Cable”) that is installed whether ordinary or extraordinary, foreseen or unforeseen, which may be required by any Laws or for the exclusive benefit safety of the Premises. Tenant agrees to procure and maintain contracts for janitorial services and maintenance contracts for all heating, ventilating and air conditioning systems. Such services, maintenance and repairs shall be performed with due diligence, lien-free and in a good and workmanlike manner, by reputable licensed contractor(s) which are selected by Tenant and located in the Premises or other portions of the Building, supplemental air conditioning units, kitchens, including hot water heaters and plumbing serving Tenant exclusively, and alterations performed by contractors engaged by Tenant, including related HVAC balancing. Without diminishing this obligation of Tenant, if Tenant fails to make any repairs and replacements within 10 days after notice from Landlord (although notice shall not be required in the event of an emergency), Landlord may at its option make the repairs and replacements and Tenant shall pay Landlord on demand the reasonable costs incurred approved by Landlord, plus an administrative fee equal to 5% of the actual cost thereof. Subject to Section 17 below, Tenant which approval Landlord shall also pay the cost of repairs and replacements due to damage not unreasonably withhold 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 within 30 days after receipt of an invoice therefor. If Landlord performs any maintenance or repairs to the Premises at the request of Tenant, Tenant shall pay to Landlord the actual cost thereof, plus an administrative fee equal to 5% of the actual cost thereof, within 30 days after receipt of an invoice therefordelay.
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Tenant’s Repair Obligations. Tenant shall, at its sole cost and expense, shall keep the Premises and all fixtures installed by or on behalf of Tenant in good condition and tenantable repair repair, ordinary wear 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, all at Tenant’s expense, under the supervision and with the approval of Landlord. All repairs and replacements must be equal or better in quality and class to the original worktear excepted. Tenant’s repair obligations include, without limitation, repairs to to: (1) floor covering, 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 exclusive benefit of Tenant and 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 heaters, plumbing, dishwashers, ice machines and plumbing similar facilities serving Tenant exclusively, and alterations ; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors engaged retained by Tenant, including related HVAC balancing. Without diminishing this obligation ; and (9) all of Tenant’s furnishings, if 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 and replacements within 10 to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in the event of if there is an emergency), Landlord may at its option may, in addition to any other remedy available to Landlord, make the repairs and replacements repairs, and Tenant shall pay to Landlord on demand the reasonable costs incurred by Landlord, plus an administrative fee equal to 5% cost 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 within 30 days after receipt of an invoice therefor. If Landlord performs any maintenance or repairs to the Premises at the request of Tenantinvoice, Tenant shall pay to Landlord the actual cost thereof, plus together with an administrative fee charge in an amount equal to 58% of the actual cost thereof, within 30 days after receipt of an invoice thereforthe repairs.
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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 and all fixtures installed by or on behalf of Tenant in good condition and tenantable repair repair, reasonable wear 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, all at Tenant’s expense, under the supervision and with the approval of Landlord. All repairs and replacements must be equal or better in quality and class to the original worktear excepted. Tenant’s 's repair obligations include, without limitation, repairs to to: (1) floor covering, ; (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 and located in the Premises or other portions of the Building, ; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters heaters, plumbing, and plumbing similar facilities serving Tenant exclusively, ; and alterations (7) Alterations performed by contractors engaged retained by Tenant, including related HVAC balancing. Without diminishing Tenant shall not be responsible for any structural alterations or repairs to the Premises, unless such structural alterations or repairs are required as a result of any use of the Premises by Tenant other than the Permitted Use, caused by the negligence or wilful misconduct of Tenant or breach of this obligation of Lease by Tenant, if required under Section V above or required as a result of any Leasehold Improvements under Section VIII above. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant fails to make any repairs and replacements within 10 to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in the event of if there is an emergency), Landlord may at its option make the repairs and replacements repairs, and Tenant shall pay Landlord on demand the reasonable costs incurred by Landlord, plus an administrative fee equal to 5% cost 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 within 30 days after receipt of an invoice therefor. If Landlord performs any maintenance or repairs to the Premises at the request of Tenantinvoice, Tenant shall pay to Landlord the actual cost thereof, plus together with an administrative fee charge in an amount equal to 510% of the actual cost thereof, within 30 days after receipt of an invoice thereforthe repairs.
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Tenant’s Repair Obligations. Tenant shall, at its sole cost and expense, shall keep the Premises and all fixtures installed by or on behalf of Tenant in good condition and tenantable repair repair, ordinary wear 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, all at Tenant’s expense, under the supervision and with the approval of Landlord. All repairs and replacements must be equal or better in quality and class to the original worktear excepted. Tenant’s repair obligations include, without limitation, repairs to to; (1) floor covering, 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 exclusive benefit of Tenant and 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 heaters, plumbing, dishwashers, ice machines and plumbing similar facilities serving Tenant exclusively, and alterations ; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors engaged retained by Tenant, including related HVAC balancing. Without diminishing this obligation ; and (9) all of Tenant’s furnishings, if trade fixtures, equipment and inventory. Prior to performing any repair obligation 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 and replacements within 10 to the Premises for more than 15 days after notice from Landlord (although although, notice shall not be required in the event of if there is an emergency)) and thereafter diligently pursue the completion of such repairs, Landlord may at its option may, in addition to any other remedy available to Landlord, make the repairs and replacements repairs, and Tenant shall pay to Landlord on demand the reasonable costs incurred by Landlord, plus an administrative fee equal to 5% cost 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 within 30 days after receipt of an invoice therefor. If Landlord performs any maintenance or repairs to the Premises at the request of Tenantinvoice, Tenant shall pay to Landlord the actual cost thereof, plus together with an administrative fee charge in an amount equal to 515% of the actual cost thereof, within 30 days after receipt of an invoice thereforthe repairs.
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Tenant’s Repair Obligations. Tenant shall, at its sole cost and expense, shall keep the Premises and all fixtures installed by or on behalf of Tenant in good condition and tenantable repair repair, ordinary wear and condition. Tenant shall promptly make all necessary non‑structural repairs tear and replacements thereto except those caused by fire or other damage from casualty covered by Landlord’s insurance on the Building, all at Tenant’s expense, under the supervision and with the approval of Landlord. All repairs and replacements must be equal or better in quality and class to the original workexcepted. Tenant’s repair obligations 2100 SPACE PARK DRIVE/LOCKHEED XXXXXX CORPORATION Office Lease include, without limitation, repairs to to: (1) floor covering, 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 exclusive benefit of Tenant and 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 heaters, plumbing, dishwashers, ice machines and plumbing similar facilities serving Tenant exclusively, and alterations ; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors engaged retained by Tenant, including related HVAC balancing. Without diminishing this obligation ; and (9) all of Tenant’s furnishings, if 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 and replacements within 10 to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in the event of if there is an emergency), Landlord may at its option may, in addition to any other remedy available to Landlord, make the repairs and replacements repairs, and Tenant shall pay to Landlord on demand the reasonable costs incurred by Landlord, plus an administrative fee equal to 5% cost 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 within 30 days after receipt of an invoice therefor. If Landlord performs any maintenance or repairs to the Premises at the request of Tenantinvoice, Tenant shall pay to Landlord the actual cost thereof, plus together with an administrative fee charge in an amount equal to 57% of the actual cost thereof, within 30 days after receipt of an invoice thereforthe repairs.
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Tenant’s Repair Obligations. Tenant shall, at its sole cost and expense, shall keep the Premises and all fixtures installed by or on behalf of Tenant in good condition and tenantable repair repair, ordinary wear 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, all at Tenant’s expense, under the supervision and with the approval of Landlord. All repairs and replacements must be equal or better in quality and class to the original worktear excepted. Tenant’s repair obligations include, without limitation, repairs to to: (1) floor covering, 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 exclusive benefit of Tenant and 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 heaters, plumbing, dishwashers, ice machines and plumbing similar facilities serving Tenant exclusively, and alterations ; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors engaged retained by Tenant, including related HVAC balancing. Without diminishing this obligation ; and (9) all of Tenant’s furnishings, if 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. 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 and replacements within 10 to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in the event of if there is an emergency), Landlord may at its option may, in addition to any other remedy available to Landlord, make the repairs and replacements repairs, and Tenant shall pay to Landlord on demand the reasonable costs incurred by Landlord, plus an administrative fee equal to 5% cost 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 within 30 days after receipt of an invoice therefor. If Landlord performs any maintenance or repairs to the Premises at the request of Tenantinvoice, Tenant shall pay to Landlord the actual cost thereof, plus together with an administrative fee charge in an amount equal to 510% of the actual cost thereofof the repairs. In the event the item requiring repair by Tenant hereunder is covered by a warranty, within 30 days after receipt of an invoice thereforTenant 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.
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Tenant’s Repair Obligations. Tenant shall, at its sole cost and expense, shall keep the Premises and all fixtures installed by or on behalf of Tenant in good condition and tenantable repair repair, ordinary wear 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, all at Tenant’s expense, under the supervision and with the approval of Landlord. All repairs and replacements must be equal or better in quality and class to the original worktear excepted. Tenant’s repair obligations include, without limitation, repairs to to: (1) floor covering, 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 exclusive benefit of Tenant and 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 heaters, plumbing, dishwashers, ice machines and plumbing similar facilities serving Tenant exclusively, and alterations ; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors engaged retained by Tenant, including related HVAC balancing. Without diminishing this obligation ; and (9) all of Tenant’s furnishings, if 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 and replacements within 10 to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in the event of if there is an emergency), Landlord may at its option may, in addition to any other remedy available to Landlord, make the repairs and replacements repairs, and Tenant shall pay to Landlord on demand the reasonable costs incurred by Landlord, plus an administrative fee equal to 5% cost 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 within 30 days after receipt of an invoice therefor. If Landlord performs any maintenance or repairs to the Premises at the request of Tenantinvoice, Tenant shall pay to Landlord the actual cost thereof, plus together with an administrative fee charge in an amount equal to 510% of the actual cost thereof, within 30 days after receipt of an invoice thereforthe repairs.
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