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

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building to be maintained by Landlord, as provided in Sections 11.2 and 11.3 below, Tenant shall, at its sole cost and expense, keep and maintain all parts of the Premises and such portions of the Building as are within the exclusive control of Tenant in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (and replacing any property so damaged) caused by Tenant or any of Tenant’s Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems serving the Premises, (b) all plumbing work and fixtures, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (d) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, (e) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (f) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (g) all tenant signage, (h) lifts for disabled persons serving the Premises, (i) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlord, and (j) all partitions, fixtures, equipment, interior painting, interior walls and floors, and floor coverings of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor shall be reasonably approved by Landlord. Additionally, Tenant shall be solely responsible for the performance of the regular removal of trash and debris. Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for any repairs or maintenance of such generator at the Building.

Appears in 2 contracts

Samples: Lease Agreement (GigOptix, Inc.), Lease Agreement (Endwave Corp)

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Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building to be maintained by Landlord, as provided ’s repair and maintenance obligations set forth in Sections 11.2 and 11.3 belowSection 11.2., Tenant shall, at its Tenant’s sole cost and expense, keep and maintain all parts of the Premises and such portions of the Building as are within the exclusive control of Tenant in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and repair to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (caused by Tenant or Tenant’s Representatives and replacing any property so damaged) caused damaged by Tenant or any of Tenant’s Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any the generality of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems serving the Premises, (b) all plumbing work and fixtures, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (d) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the PremisesBuilding #48, (eb) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (fc) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (gd) all tenant signage, (he) lifts for disabled persons serving persons, (f) the Lots within the Premises, (i) sprinkler systems, fire protection systems and security systems, except to the extent maintained if only used by LandlordTenant, and (jf) all partitions, fixtures, equipment, interior painting, and interior walls and floors, and floor coverings floors of the Premises and every part thereof (including, without limitation, any demising walls contiguous thereof. In addition to any portion of the Premises). Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor shall be reasonably approved by Landlord. Additionallyforegoing, Tenant shall be solely responsible for the performance provision of any security measures uniquely or specifically relating to Tenant’s operations, including without limitation, security measures for any items of personal property, inventory or equipment placed or otherwise temporarily stored outside of the regular removal of trash and debrisBuildings. Notwithstanding the foregoing, Landlord shall have shall, at its own cost and expense, make such repairs caused by the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs negligence or willful acts of Landlord or its agents and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for any repairs or maintenance of such generator at the Buildingemployees.

Appears in 2 contracts

Samples: Lease Agreement (Renegy Holdings, Inc.), Lease Agreement (Catalytica Energy Systems Inc)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building to be maintained by Landlord, as provided in Sections 11.2 and 11.3 below, Tenant shall, at its sole cost and expense, keep and maintain all parts of the Premises and such portions of the Building as are within the exclusive control of Tenant in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (and replacing any property so damaged) caused by Tenant or any of Tenant’s Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems serving the Premises, (b) all plumbing work and fixtures, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (d) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, (e) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (f) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (g) all tenant signage, (h) lifts for disabled persons serving the Premises, (i) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlord, and (j) all partitions, fixtures, equipment, interior painting, interior walls and floors, and floor coverings of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor shall be reasonably approved by Landlord. Additionally, Tenant shall be solely responsible for the performance of the regular removal of trash and debris. Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for any repairs or maintenance of such generator at the Building.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Restoration Robotics Inc)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building to be maintained by Landlord, as provided in Sections 11.2 and 11.3 below, Tenant shall, at its sole cost and expense, keep and maintain all parts of the Premises and such portions of the Building and improvements as are within the exclusive control of Tenant in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (and replacing any property so damaged) caused by Tenant or any of Tenant’s 's Representatives and replacing any property so damaged by Tenant or any of Tenant's Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any the generality of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems serving the Premises, unless maintained by Landlord, (b) all plumbing work and fixtures, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (d) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, (e) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (f) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (g) all tenant signage, (h) lifts for disabled persons serving the Premises, (i) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlord, and (j) all partitions, fixtures, equipment, interior painting, interior walls and floors, and floor coverings of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor shall be reasonably approved by Landlord. Additionally, Tenant shall be solely responsible for the performance of the regular removal of trash and debris. Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for right of access to or right to install any repairs or maintenance device on the roof of such generator at the BuildingBuilding nor make any penetrations of the roof of the Building without the express prior written consent of Landlord, which consent shall not be withheld unreasonably.

Appears in 2 contracts

Samples: Lease Agreement (Abaxis Inc), Lease Agreement (Abaxis Inc)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building Buildings to be maintained by Landlord, Landlord as provided in Sections 11.2 and 11.3 below, Tenant shall, at its Tenant's sole cost and expense, keep and maintain all parts the interior non-structural portions of the Premises and such portions the adjacent dock and staging areas (including, without limitation, any portion of the Building as are within the exclusive control of Common Areas used by Tenant or Tenant's Representatives) in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and repair to the reasonable satisfaction of Landlord Landlord, reasonable wear and tear and casualty excepted, including, but not limited to, repairing any damage (caused by Tenant or Tenant's Representatives and replacing any property so damaged) caused damaged by Tenant or any of Tenant’s 's Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any the generality of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems serving the Premises, (b) all plumbing work and fixturesplumbing, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (dc) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or immediately adjacent to the Premises, (ed) all interior glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (fe) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (gf) all tenant signage, (hg) lifts for disabled persons serving the Premises, (ih) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlord, and (ji) all partitions, fixtures, equipment, interior painting, and interior walls and floors, and floor coverings floors of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair , and maintain the HVAC systems serving the Premises, which vendor shall be reasonably approved by Landlord. Additionally, Tenant shall be solely responsible for the performance of the regular removal of trash (j) all interior lobbies and debris. Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for any repairs or maintenance of such generator at the Buildingmezzanines.

Appears in 2 contracts

Samples: Lease Agreement (Cisco Systems Inc), Lease Agreement (Cisco Systems Inc)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building to be maintained by Landlord, as provided in Sections 11.2 and 11.3 below, Tenant shall, at its Tenant's sole cost and expense, keep and maintain all parts of the Premises and such portions of the Building as are within the exclusive control of Tenant adjacent dock and staging areas in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and repair to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (caused by Tenant or Tenant's Representatives and replacing any property so damaged) caused damaged by Tenant or any of Tenant’s 's Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any the generality of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems exclusively serving the Premises, (b) all plumbing work and fixturesplumbing, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (dc) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, (ed) all glass, windows, window frames, window casementseasements, skylights, interior and exterior doors, door frames and door closers, (fe) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock sealsscals, dock levelers and dock lights, (gf) all tenant signagesignagc, (hg) lifts for disabled persons serving the Premises, (ih) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlord, and (ji) all partitions, fixtures, equipment, interior painting, and interior walls and floors, and floor coverings floors of the Premises and every part thereof (including, without limitation, any demising dernising walls contiguous to any portion of the Premises). Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor shall be reasonably approved by Landlord. Additionally, Tenant shall be solely responsible for the performance of the regular removal of trash and debris. Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for any repairs or maintenance of such generator at the Building.

Appears in 2 contracts

Samples: Lease Agreement (Competitive Companies Inc), Lease Agreement (Third Enterprise Service Group Inc)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building to be maintained by Landlord, as provided in Sections 11.2 and 11.3 below, Tenant shall, at its Tenant's sole cost and expense, keep and maintain all parts of the Premises and such portions of the Building as are within the exclusive control of Tenant adjacent dock and staging areas in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and repair to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (caused by Tenant or Tenant's Representatives and replacing any property so damaged) caused damaged by Tenant or any of Tenant’s 's Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any the generality of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems exclusively serving the Premises, (b) all plumbing work and fixturesplumbing, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (dc) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, (ed) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (fe) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (gf) all tenant signage, (hg) lifts for disabled persons serving the Premises, (ih) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlord, and (ji) all partitions, fixtures, equipment, interior painting, and interior walls and floors, and floor coverings floors of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor shall be reasonably approved by Landlord. Additionally, Tenant shall be solely responsible for the performance of the regular removal of trash and debris. Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for any repairs or maintenance of such generator at the Building.

Appears in 2 contracts

Samples: Lease Agreement (Ditech Corp), Lease Agreement (Interlink Electronics)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building to be maintained by Landlord, as provided in Sections Section 11.2 below and 11.3 subject to the provisions of Section 27 below, Tenant shall, at its ---------- Tenant's sole cost and expenseexpense , keep and maintain all parts of the Premises and such portions the adjacent areas (including, without limitation, any portion of the Building as are within the exclusive control of Common Area used by Tenant or Tenant's Representatives) in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and repair to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (caused by Tenant or Tenant's Representatives and replacing any property so damaged) caused damaged by Tenant or any of Tenant’s 's Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any the generality of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems exclusively serving the Premises, (b) all plumbing work and fixturesplumbing, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (dc) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, (ed) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (fe) all roll-up doors, ramps and dock equipment, equipment including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lightslights exclusively serving the Premises, (gf) all tenant signage, (hg) lifts for disabled persons exclusively serving the Premises, (ih) sprinkler systems, fire protection systems and security systemssystems exclusively serving the Premises, except to the extent maintained by Landlord, and (ji) all partitions, fixtures, equipment, interior painting, and interior walls and floors, and floor coverings floors of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor shall be reasonably approved by Landlord. Additionally, Tenant shall be solely responsible for the performance of the regular removal of trash and debris. Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for any repairs or maintenance of such generator at the Building.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Nuance Communications)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building to be maintained by Landlord, as provided in Sections 11.2 and 11.3 below, Tenant shall, at its sole cost and expense, keep and maintain all interior parts of the Premises and such interior portions of the Building and improvements as are within the exclusive control of Tenant in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (and replacing any property so damaged) caused by Tenant or any of Tenant’s Representatives and replacing any property so damaged by Tenant or any of Tenant’s Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any the generality of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems exclusively serving the Premises, unless maintained by Landlord, (b) all plumbing work and fixturesfixtures exclusively serving the Premises, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (d) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, (e) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (f) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and and- dock lights, (g) all tenant signage, (h) lifts h)lifts for disabled persons serving the Premises, and (i) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlord, and (j) all partitions, fixtures, equipment, interior painting, interior walls and floors, and floor coverings of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor shall be reasonably approved by Landlord. Additionally, Tenant shall be solely responsible for the performance of the regular removal of trash and debris. Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for right of access to or right to install any repairs device on the roof of the Building or maintenance make any penetrations of such generator at the Buildingroof of the Building without the express prior written consent of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Ruckus Wireless Inc)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building to be maintained by Landlord, as provided in Sections 11.2 and 11.3 below, Tenant shall, at its Tenant's sole cost and expense, keep and maintain all parts of the Premises and such portions the adjacent dock and staging areas (including, without limitation, any portion of the Building as are within the exclusive control of Common Areas used exclusively by Tenant or Tenant's Representatives) in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and repair to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (caused by Tenant or Tenant's Representatives and replacing any property so damaged) caused damaged by Tenant or any of Tenant’s 's Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any the generality of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems exclusively serving the Premises, (b) all plumbing work and fixturesplumbing, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (dc) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, (ed) all interior glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (fe) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (gf) all tenant signage, (hg) lifts for disabled persons serving the Premises, (ih) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlord, and (ji) all partitions, fixtures, equipment, interior painting, and interior walls and floors, and floor coverings floors of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor shall be reasonably approved by Landlord. Additionally; provided, Tenant shall not be solely responsible for obligated to maintain, repair or replace any systems outside the performance of the regular removal of trash and debris. Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Premises unless caused by Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building 's negligence or request its use, Tenant shall have no responsibility for any repairs or maintenance of such generator at the Buildingwillful misconduct.

Appears in 1 contract

Samples: Lease Agreement (Shoe Pavilion Inc)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building to be maintained by Landlord, as provided in Sections 11.2 and 11.3 below, Tenant shall, at its sole cost and expense, keep and maintain all parts of the Premises and such portions of the Building and improvements as are within the exclusive control of Tenant in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (and replacing any property so damaged) caused by Tenant or any of Tenant’s Representatives and replacing any property so damaged by Tenant or any of Tenant’s Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any the generality of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing replacing, to the extent exclusively serving the Premises (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems serving the Premises, unless maintained by Landlord, (b) all plumbing work and fixtures, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (d) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, (e) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (f) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (g) all tenant signage, (h) lifts for disabled persons serving the Premises, (i) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlord, and (j) all partitions, fixtures, equipment, interior painting, interior walls and floors, and floor coverings of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor Any such work shall be performed by licensed, insured and bonded contractors and subcontractors reasonably approved by Landlordlandlord. Additionally, Tenant shall be solely responsible for the performance of the regular removal of trash and debris. Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for right of access to or right to install any repairs or maintenance device on the roof of such generator at the BuildingBuilding nor make any penetrations of the roof of the Building without the express prior written consent of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Alphasmart Inc)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building to be maintained by Landlord, as provided in Sections 11.2 and 11.3 below, Tenant shall, at its sole cost and expense, keep and maintain all parts of the Premises and such portions of the Building and improvements as are within the exclusive control of Tenant in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (and replacing any property so damaged) caused by Tenant or any of Tenant’s 's Representatives and replacing any property so damaged by Tenant or any of Tenant's Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any the generality of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems serving the Premises, unless maintained by Landlord, (b) all plumbing work and fixtures, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (d) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, (e) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (f) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (g) all tenant signage, (h) lifts for disabled persons serving the Premises, (i) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlord, and (j) all partitions, fixtures, equipment, interior painting, interior walls and floors, and floor coverings of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Unless Landlord elects to maintain the heating, ventilation and air conditioning systems (“HVAC”) servicing the Premises, Tenant shall, at all times during the Lease Term, have in effect a service contract for the maintenance of the HVAC equipment serving the Premises with an HVAC repair and maintenance contractor reasonably approved by the Landlord. The HVAC service contract shall provide for periodic inspection and servicing at least once every three (3) months during the Lease Term, and Tenant shall maintain throughout the Term a current contract provide Landlord with a vendor qualified copy of such contract and all periodic service reports. Unless Landlord elects to repair and maintain the HVAC systems serving equipment servicing the Premises, which vendor shall Tenant agrees to maintain, or cause to be reasonably approved by Landlordmaintained, the HVAC equipment in strict accordance with the original equipment manufacturer’s specifications applicable to such HVAC equipment. Additionally, Tenant shall be solely responsible for the performance of the regular removal of trash and debris. Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for right of access to or right to install any repairs or maintenance device on the roof of such generator at the BuildingBuilding nor make any penetrations of the roof of the Building without the express prior written consent of Landlord.

Appears in 1 contract

Samples: Lease Agreement (SolarJuice Co., Ltd.)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building to be maintained by Landlord, as provided in Sections 11.2 and 11.3 below, Tenant shall, at its sole cost and expense, keep and maintain all parts of the Premises and such portions of the Building and improvements as are within the exclusive control of Tenant in good, clean xxxx and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (and replacing any property so damaged) caused by Tenant or any of Tenant’s Representatives and replacing any property so damaged by Tenant or any of Tenant’s Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any the generality of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems serving the Premises, unless maintained by Landlord, (b) all plumbing work and fixtures, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (d) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, (e) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (f) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (g) all tenant signage, (h) lifts for disabled persons serving the Premises, (i) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlord, and (j) all partitions, fixtures, equipment, interior painting, interior walls and floors, and floor coverings of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor Any such work shall be performed by licensed, insured and bonded contractors and subcontractors reasonably approved by Landlord. Additionally, Tenant shall be solely responsible for the performance of the regular removal of trash and debris. Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for right of access to or right to install any repairs or maintenance device on the roof of such generator at the BuildingBuilding nor make any penetrations of the roof of the Building without the express prior written consent of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Conor Medsystems Inc)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building Project to be maintained by Landlord, Landlord as provided in Sections 11.2 13.2 below and 11.3 belowsubject to Sections 14.5, 27 and 28, Tenant shall, at its sole cost and expense, keep and maintain all parts of the Premises and such portions of the Building as are within the exclusive control of Tenant Required Surrender Improvements in good, clean and safe condition and repairrepair (ordinary wear and tear excepted), promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and to the reasonable satisfaction of Landlord Landlord, including, but not limited to, repairing any damage (and replacing any property so damaged) caused by Tenant or any of Tenant’s 's Representatives, and replacing any property so damaged by Tenant or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions any of the Project to the condition existing prior to the occurrence of such damageTenant's Representatives. Without limiting any the generality of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems serving the Premises, (b) all plumbing work and fixturesfixtures serving the Premises, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (d) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, (e) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (f) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (g) all tenant signage, (h) lifts for disabled persons serving the Premises, (i) sprinkler systems, fire protection systems and security systemssystems for the Premises, except to (j) the extent maintained by Landlord, roof and roof coverings (other than the structural components of the roof) and (jk) all partitions, fixtures, equipment, interior painting, interior walls and floors, and floor coverings of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor shall be reasonably approved by Landlordthereof. Additionally, Tenant shall be solely responsible for the performance of the regular removal of trash and debris. Maintenance by Landlord: Subject to the provisions of Sections 13.1, 14.5, 27 and 28, Landlord, at its sole cost and expense, agrees to repair and maintain in good condition and repair (ordinary wear and tear excepted) (i) the roof structure, foundation, exterior and load bearing walls of the Premises and (ii) damage to the Project to the extent arising from Landlord's default under this Lease or the gross negligence or willful misconduct of Landlord or Landlord Parties. Subject to the provisions of Sections 13.1, 14.5, 27 and 28, and subject to Landlord's right to receive reimbursement therefor as provided in this Lease, Landlord agrees to repair and maintain in good condition and repair (ordinary wear and tear excepted) the Common Areas. Notwithstanding anything in this Section 13 to the foregoingcontrary, subject to Sections 13.1, 14.5, 27 and 28, (i) Landlord shall have the right to either repair or to require Tenant to repair any damage to any portion of the Adjacent Park and the Project caused by or created due to any negligent act, omission, or willful misconduct of Tenant or any of Tenant's Representatives and to restore the Premises and the other affected portions of the Project and the Adjacent Park, as applicable, to the condition existing prior to the occurrence of such damage. Notwithstanding anything to the contrary in Section 13, if any maintenance and repair to be performed by Tenant pursuant to Section 13.1 or if any maintenance, improvement, alteration or other construction costs reimbursable by Tenant to Landlord pursuant to any provision of this Lease (other than Section 27), are of a capital nature (in that they are required to be capitalized under generally accepted accounting principles), then upon demand by the Tenant, Landlord shall perform such work and such costs or allocable portions thereof, together with reasonable interest thereon, shall be amortized on a straight-line basis over the estimated useful life of the capital item or fifteen (15) years, whichever is shorter, as reasonably determined by Landlord, and Tenant's reimbursement obligation shall be limited to a monthly reimbursement of such monthly amortized amount commencing on the first day of the month following the completion of the work and continuing on the first day of each month during the Lease Term until fully amortized. Tenant shall promptly report, in writing, to Landlord any defective condition known to it which Landlord is required to repair, and until such notice is given, Landlord shall have no liability for failing to make the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for any repairs or maintenance of such generator at the Buildingrepair.

Appears in 1 contract

Samples: Lease Agreement (Cell Genesys Inc)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building to be maintained by Landlord, as provided in Sections 11.2 and 11.3 below, Tenant shall, at its sole cost and expense, keep and maintain all parts of the Premises and such portions of the Building and improvements as are within the exclusive control of Tenant in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (and replacing any property so damaged) caused by Tenant or any of Tenant’s 's Representatives and replacing any property so damaged by Tenant or any of Tenant's Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any the generality of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems serving the Premises, (b) all plumbing work and fixtures, (c) electrical wiring systems, electrical fixtures and electrical equipment exclusively serving the Premises, (db) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, (ec) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (fd) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (ge) all tenant signage, (hf) lifts for disabled persons serving the Premises, (ig) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlord, and (jh) all partitions, fixtures, equipment, interior painting, interior walls and floors, and floor coverings of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor shall be reasonably approved by Landlord. Additionally, Tenant shall be solely responsible for the performance of the regular removal of trash and debris. Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, Except as specifically set forth in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its useSection 38, Tenant shall have no responsibility for right of access to or right to install any repairs device on the roof of the Building or maintenance make any penetrations of such generator at the Buildingroof of the Building without the express prior written consent of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Loudcloud Inc)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building Premises to be maintained by Landlord, as provided in Sections 11.2 and 11.3 below, Tenant shall, at its sole cost and expense, keep and maintain all parts of the Premises and such portions of the Building as are within the exclusive control of Tenant in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (and replacing any property so damaged) caused by Tenant or any of Tenant’s Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing those part of the Premises that include (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems serving the Premises, unless maintained by Landlord, (b) all plumbing work and fixtures, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premisesequipment, (d) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to on the Premises, (e) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (f) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (g) all tenant signage, (h) lifts for disabled persons serving the Premises, (i) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlordand (h) all tenant signage, and (ji) all partitions, fixtures, equipment, interior painting, interior walls and floors, and floor coverings of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor Any such work shall be performed by licensed, insured and bonded contractors and subcontractors reasonably approved by Landlord. Additionally, Tenant shall be solely responsible for the performance of the regular removal of trash and debris. Notwithstanding Within three (3) business days of Landlord’s request therefor, Tenant shall deliver to Landlord written evidence of Tenant’s payment of maintenance and repair services (including any preventative maintenance services) rendered to, or on behalf of, Tenant with respect to the foregoingPremises, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, including without limitation, the right to obtain a semi-annual HVAC condition reportany and all summaries, reports and similar information prepared in which event the costs and expenses associated connection with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for any repairs or maintenance of such generator at the Buildingand repair services.

Appears in 1 contract

Samples: Lease Agreement (Infinera Corp)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building to be maintained by Landlord, as provided in Sections 11.2 and 11.3 below, Tenant shall, at its sole cost and expense, keep and maintain all parts of the Premises and such portions of the Building as are within the exclusive control of Tenant in good, the same clean and safe condition and repairrepair as received, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (and replacing any property so damaged) caused by Tenant or any of Tenant’s Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, Representatives and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems serving the Premises, (b) all plumbing work and fixtures, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (d) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, (e) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (f) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (g) all tenant signage, (h) lifts for disabled persons serving the Premises, (i) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlord, and (j) all partitions, fixtures, equipment, interior painting, interior walls and floors, and floor coverings of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout Notwithstanding the Term a current contract with a vendor qualified to repair foregoing terms of this Section 11.1, in the event that any HVAC system serving the Premises (other than any supplemental HVAC unit located within and maintain the HVAC systems exclusively serving the Premises) requires replacement (as reasonably determined by Landlord), which vendor then Landlord shall be responsible for such replacement and the cost thereof shall be amortized over the useful life of such item as reasonably approved determined by Landlord. Additionally, Landlord using standard commercial real estate accounting practices consistently applied and used by other institutional landlords of buildings in the vicinity of the Building and Tenant shall be solely responsible reimburse Landlord on a monthly basis during the Term for the performance of the regular removal of trash and debris. Notwithstanding the foregoingamortized cost thereof, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract together with an HVAC vendor to perform the preventive maintenance reasonable interest on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for any repairs or maintenance of such generator at the Buildingunamortized balance.

Appears in 1 contract

Samples: Lease Agreement (Gsi Group Inc)

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Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building to be maintained by Landlord, as provided in Sections 11.2 and 11.3 below, Tenant shall, at its sole cost and expense, keep and maintain all parts of the Premises and such portions of the Building as are within the exclusive control of Tenant in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (and replacing any property so damaged) caused by Tenant or any of Tenant’s Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems serving the Premisesintentionally deleted, (b) all plumbing work and fixtures, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (d) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises Building or adjacent to the PremisesBuilding, (e) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (f) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (g) all tenant signage, (h) lifts for disabled persons serving the Premises, (i) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlord, and (j) all partitions, fixtures, equipment, interior painting, interior walls and floors, and floor coverings of within the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor Any such work shall be performed by licensed, insured and bonded contractors and subcontractors reasonably approved by Landlord. Additionally, Tenant shall be solely responsible for the performance of the regular removal of Tenant’s trash and debris. Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for any repairs or maintenance of such generator at the Building.

Appears in 1 contract

Samples: Lease Agreement (Meru Networks Inc)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building to be maintained by Landlord, as provided in Sections 11.2 and 11.3 below, Tenant shall, at its sole cost and expense, keep and maintain all parts of the Premises and such portions of the Building and Improvements as are within the exclusive control of Tenant in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (and replacing any property so damaged) caused by Tenant or any of Tenant’s Representatives and replacing any property so damaged by Tenant or any of Tenant’s Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any the generality of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all interior mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems exclusively serving the Premises, unless maintained by Landlord, (b) all interior plumbing work and fixturesfixtures exclusively serving the Premises, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (d) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, (e) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (f) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (g) all tenant signage, (h) lifts for disabled persons serving the Premises, (i) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlord, and (j) all partitions, fixtures, equipment, interior painting, interior walls and floors, and floor coverings of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor Any such work shall be performed by licensed, insured and bonded contractors and subcontractors reasonably approved by Landlord. Additionally, Tenant shall be solely responsible for the performance of the regular removal of trash and debris. Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for right to access to or right to install any repairs or maintenance device on the roof of such generator at the BuildingBuilding nor make any penetrations of the roof of the Building without the express prior written consent of Landlord, except as expressly set forth in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the 1001 Ridder Building and the 0000 Xxx Xxxxxxxx to be maintained by Landlord, as provided in Sections 11.2 and 11.3 below, Tenant shall, at its sole cost and expense, keep and maintain all parts of the Premises and such portions of the 1001 Ridder Building (including the patio areas) and the 1717 Fox Building as are within the exclusive control of Tenant in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (and replacing any property so damaged) caused by Tenant or any of Tenant’s 's Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two one hundred seventy five (200175) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems serving the Premises, unless maintained by Landlord, (b) all plumbing work and fixtures, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (d) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, (e) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (f) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (g) all tenant Tenant signage, (h) lifts for disabled persons serving the Premises, (i) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlord, and (j) all partitions, fixtures, equipment, interior painting, interior walls and floors, and floor coverings of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises), and (k) the patio areas, including the water features, located adjacent to the 1001 Ridder Building. Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor Any such work shall be performed by licensed and insured contractors and subcontractors reasonably approved by Landlord. Additionally, Tenant shall be solely responsible for the performance of the regular removal of trash and debris. Notwithstanding the foregoingFurther, Landlord shall have the rightTenant shall, but not the obligationat Tenant’s sole cost and expense, exercisable at any timeprocure and maintain a contract, with copies to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition reportLandlord, in which event customary form and substance for and with a contractor specializing and experienced in the costs inspection, maintenance and expenses associated with such services and/or report shall be part service of the definition heating, air conditioning and ventilation for the Premises, which provides for not less than quarterly maintenance of Operating Expenses hereinthe heating, air conditioning and ventilation system. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for any repairs or maintenance of deliver to Landlord quarterly reports evidencing such generator at the Buildinginspection and maintenance.

Appears in 1 contract

Samples: Lease Agreement (Spansion Inc.)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building Buildings, the Common Area (including the Parking Structure) and the Project to be maintained or replaced by Landlord, as provided in Sections 11.2 9.1, 11.2, 25, 26 and 11.3 below27 of this Lease, or otherwise covered by any warranty held by Landlord, Tenant shall, at its sole cost and expense, keep and maintain all parts of the Premises and such portions of the Building Buildings as are within the exclusive control of Tenant in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (caused by Tenant or any of Tenant’s Representatives and replacing any property so damaged) caused damaged by Tenant or any of Tenant’s Representatives, or due subject to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions Section 12.5 concerning waiver of the Project to the condition existing prior to the occurrence of such damagesubrogation rights. Without limiting any the generality of the foregoing, Tenant shall maintain the Premises consistent with other comparable building projects located in the Silicon Valley market area, and Tenant shall be solely responsible for promptly maintaining, repairing and and, subject to Section 11.2 below, replacing (a) all mechanical interior Building electrical wiring systems, electrical fixtures and electrical equipment; (b) interior Building fire protection services (including without limitation, fire, life safety and sprinkler systems)(the “Fire Protection Services”); (c) the interior Building electrical, plumbing and mechanical systems (including without limitation, the heating, ventilation and air conditioning systems (collectively, the HVACHVAC Systems) systems serving the Premises, (b) all plumbing work and fixtures, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises)), (d) intentionally omitted; (e) elevator and other systems serving each Building (collectively, the “Building Systems”); (f) all interior Building lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, ); (eg) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (f) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (g) all tenant signage, ; (h) lifts for disabled persons serving the Premises, all Tenant signage; (i) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlord, ; and (j) all partitions, fixtures, equipment, interior painting, interior walls and floors, and floor coverings of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout Without limiting the Term a current contract with a vendor qualified to repair and maintain generality of the HVAC systems serving the Premises, which vendor shall be reasonably approved by Landlord. Additionallyforegoing, Tenant shall be solely responsible for the performance of the regular removal of trash and debrisenter into a commercially reasonable HVAC maintenance contract. Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, exercisable at right to approve any time, to directly contract with an HVAC vendor hired by Tenant to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part any of the definition of Operating Expenses hereinforegoing maintenance services, which approval shall not be unreasonably withheld, conditioned or delayed. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long Except as Tenant does not utilize the generator currently located at the Building or request its usespecifically set forth in Section 38, Tenant shall have no responsibility for right of access to or right to install any repairs device on the roof of any Building or maintenance make any penetrations of such generator at the Buildingroof of any Building without the express prior written consent of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Linkedin Corp)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building to be maintained by Landlord, as provided in Sections 11.2 and 11.3 below, Tenant shall, at its sole cost and expense, keep and maintain all parts of the Premises and such portions of the Building and improvements as are within the exclusive control of Tenant in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (and replacing any property so damaged) caused by Tenant or any of Tenant’s Representatives and replacing any property so damaged by Tenant or any of Tenant’s Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any the generality of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all interior mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems exclusively serving the Premises, unless maintained by Landlord, (b) all interior plumbing work and fixturesfixtures exclusively serving the Premises, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (d) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, (e) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (f) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (g) all tenant signage, (h) lifts for disabled persons serving the Premises, (i) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlord, and (j) all partitions, fixtures, equipment, interior painting, interior walls and floors, and floor coverings of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor Any such work shall be performed by licensed, insured and bonded contractors and subcontractors reasonably approved by Landlord. Additionally, Tenant shall be solely responsible for the performance of the regular removal of trash and debris. Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for right of access to or right to install any repairs or maintenance device on the roof of such generator at the BuildingBuilding nor make any penetrations of the roof of the Building without the express prior written consent of Landlord, except as expressly set forth in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building to be maintained by Landlord, as provided in Sections 11.2 12.2 and 11.3 12.3 below, Tenant shall, at its Tenant's sole cost and expense, keep and maintain all parts of the Premises and such portions of the Building as are within the exclusive control of Tenant in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and repair to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (caused by Tenant or Tenant's Representatives and replacing any property so damaged) caused damaged by Tenant or any of Tenant’s 's Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any the generality of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems exclusively serving the Premises, (b) all plumbing work and fixturesplumbing, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (dc) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the PremisesBuilding, (ed) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (fe) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (gf) all tenant signage, (hg) lifts for disabled persons serving the Premisespersons, (ih) sprinkler systems, fire protection systems and security systemssystems exclusively serving the Premises, except to the extent maintained by Landlord, and (ji) all partitions, fixtures, equipment, interior painting, and interior walls and floors, and floor coverings floors of the Premises and every part thereof thereof, (including, without limitation, any demising walls contiguous to any portion j) the fence around the perimeter of the Premises)Lot as well as the gates associated with such fence, and (k) the satellite dish described in Section 44 herein as well as portions of the roof affected by the installation, maintenance and/or removal of the satellite dish. Tenant shall maintain throughout In addition to the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor shall be reasonably approved by Landlord. Additionallyforegoing, Tenant shall be solely responsible for the performance provision of the regular removal of trash and debris. Notwithstanding the foregoingany security measures in any manner relating to Tenant's operations, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, including without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility security measures for any repairs items of personal property, inventory or maintenance equipment placed or otherwise temporarily stored outside of such generator at the Building.

Appears in 1 contract

Samples: Lease Agreement (Webvan Group Inc)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building Premises to be maintained by Landlord, as provided in Sections 11.2 and 11.3 below, Tenant shall, at its sole cost and expense, keep and maintain all parts of the Premises and such portions of the Building as are within the exclusive control of Tenant in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (and replacing any property so damaged) caused by Tenant or any of Tenant’s Representatives and replacing any property so damaged by Tenant or any of Tenant’s Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any the generality of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems serving the Premises, unless maintained by Landlord, (b) all plumbing work and fixtures, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premisesequipment, (d) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, (e) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (f) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (g) all tenant signage, (h) lifts for disabled persons serving the Premises, (i) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlord, and (j) all partitions, fixtures, equipment, interior painting, interior walls and floors, and floor coverings of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor Any such work shall be performed by licensed, insured and bonded (if required hereunder) contractors and subcontractors reasonably approved by Landlord. Additionally, Tenant shall be solely responsible for the performance of the regular removal of trash and debris. Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for right of access to or right to install any repairs or maintenance device on the roof of such generator at the BuildingPremises nor make any penetrations of the roof of the Premises without the express prior written consent of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Vnus Medical Technologies Inc)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building to be maintained by Landlord, as provided in Sections 11.2 and 11.3 below, Tenant shall, at its Tenant's sole cost and expense, keep and maintain all parts the entirety of the Premises and such portions of the Building as are within the exclusive control of Tenant in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and repair to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (and replacing any property so damaged) caused by Tenant or any of Tenant’s 's Representatives and replacing any property so damaged by Tenant or any of Tenant's Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factorssweeping and otherwise maintaining the parking lot, and restoring maintaining and replacing the Premises and other portions of the Project to the condition existing prior to the occurrence of such damagelandscaping. Without limiting any the generality of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, heating, ventilation and air conditioning systems exclusively serving the Premises, including without limitation, Landlord's existing HVAC unit, (“HVAC”b) systems all plumbing, electrical wiring and equipment serving the Premises, (b) all plumbing work and fixtures, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (d) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, (ed) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (fe) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (gf) all tenant signage, (hg) lifts for disabled persons serving the Premises, (ih) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlord, and (ji) all partitions, fixtures, equipment, interior painting, and interior walls and floors, and floor coverings floors of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout , (j) the Term a current contract with a vendor qualified to repair roof and maintain the HVAC systems serving roof membrane, including without limitation, the structural portions of the roof, (k) all fencing and gates for any fencing, (l) the parking lot within the Premises, which vendor shall be reasonably approved by Landlord. Additionallyincluding without limitation, Tenant shall be solely responsible for slurry sealing and/or striping of said parking lot (but not more often than once every five (5) years); and (m) the performance exterior walls of the regular removal of trash and debrisBuilding. Notwithstanding the foregoing, if Landlord's HVAC unit needs to be replaced due to normal wear and tear during the Term, or if the roof needs to be replaced during either of the Extended Terms due to normal wear and tear (and such replacements are not in any manner required due to Tenant's failure to properly use, repair and maintain said items or damage to such items caused by Tenant or any of Tenant's Representatives), then Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the be responsible for making such replacements. The replacement costs and expenses associated with for such services and/or report items shall be part amortized at the interest rate which is the lesser of twelve percent (12%) per annum or the definition maximum rate of Operating Expenses hereininterest permitted by law. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, Such amortization shall be based upon receipt the useful life of such report, shall promptly make all repairs and/or replacement items as reasonably determined by Landlord. If any such replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its useare made, Tenant shall have no responsibility pay all such amortized amounts (including all interest charges) to Landlord monthly, as Additional Rent for any repairs each month during the balance of the applicable term of this Lease after such replacement is made until the earlier of (A) the expiration or maintenance earlier termination of such generator at the BuildingLease, or (B) the end of the applicable amortization period.

Appears in 1 contract

Samples: Lease Agreement (Exodus Communications Inc)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the 000 Xxxx Xxxxx Building and the 000 Xxxx Xxxxx Building to be maintained by Landlord, as provided in Sections 11.2 and 11.3 belowbelow (collectively, “Landlord Repair Obligations”), Tenant shall, at its sole cost and expense, keep and maintain all parts of the Premises and such portions of the 000 Xxxx Xxxxx Building and the 000 Xxxx Xxxxx Building as are within the exclusive control of Tenant in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, replacements with materials and workmanship of substantially the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (and replacing any property so damaged) caused by Tenant or any of Tenant’s Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, loads or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, systems exclusively serving the Premises (excluding the heating, ventilation and air conditioning (“HVAC”) systems serving the PremisesPremises which are the obligation of Landlord to repair, maintain and replace pursuant to Sections 11.2 and 11.3 below), (b) all plumbing work and fixturesfixtures exclusively serving the Premises, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (d) all interior lighting (including, without limitation, light bulbs and/or ballasts) in the Premises and exterior lighting exclusively serving the Premises 892 Xxxx Drive Building or adjacent to the Premises000 Xxxx Xxxxx Building, (e) all glass, windows, window frames, window casements, skylights, glass and interior and exterior doors, door frames and door closersclosers exclusively in the Premises and the exterior doors of the 000 Xxxx Xxxxx Building, (f) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lightslights exclusively serving the Premises, (g) all tenant signage, (h) lifts for disabled persons serving the Premises, (i) sprinkler systems, fire protection systems and security systems, except to systems serving the extent maintained by LandlordPremises, and (j) all partitions, fixtures, equipment, interior painting, interior walls and floors, and floor coverings of within the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor Any such work shall be performed by licensed, insured and bonded contractors and subcontractors reasonably approved by Landlord. Additionally, Tenant shall be solely responsible for the performance of the regular removal of trash and debris. Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for any repairs or maintenance of such generator at the Building.

Appears in 1 contract

Samples: Lease Agreement (Proofpoint Inc)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building to be maintained by Landlord, as provided in Sections 11.2 and 11.3 below, Tenant shall, at its sole cost and expense, keep and maintain all parts of the Premises and such portions of the Building and Improvements as are within the exclusive control of Tenant in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and to the reasonable satisfaction of Landlord including, but not limited to, repairing any damage (and replacing any property so damaged) caused by Tenant or any of Tenant’s 's Representatives and replacing any property so damaged by Tenant or any of Tenant's Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any the generality of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems serving the Premises, unless maintained by Landlord, (b) all plumbing work and fixtures, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (d) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, (e) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (f) all roll-up doors, ramps and dock equipment, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (g) all tenant signage, (h) lifts for disabled persons serving the Premises, (i) sprinkler systems, fire protection systems and security systems, except to the extent maintained by Landlord, and (j) all partitions, fixtures, equipment, interior painting, interior walls and floors, and floor coverings of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises). Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor shall be reasonably approved by Landlord. Additionally, Tenant shall be solely responsible for the performance of the regular removal of trash and debris. Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for right of access to or right to install any device on the roof of the Building nor make any penetrations of the roof of the Building without the express prior written consent of Landlord. Notwithstanding the above, Tenant's maintenance obligations shall not include (i) damage or repair covered under any insurance policy covered by Landlord, (ii) conditions covered under warranties of Landlord's contractor, or (iii) repairs or maintenance of such generator at the Buildingperformed by Landlord and charged to Tenant as Operating Expenses.

Appears in 1 contract

Samples: Lease Agreement (New Focus Inc)

Tenant’s Repairs and Maintenance Obligations. Except for those portions of the Building to be maintained by Landlord, as provided in Sections 11.2 and 11.3 belowbelow (collectively, “Landlord Repair Obligations”), Tenant shall, at its sole cost and expense, keep and maintain all parts of the Premises and such portions of the Building as are within the exclusive control of Tenant in good, clean and safe condition and repair, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original thereof, all of the foregoing in accordance with the applicable provisions of Section 10 hereof, and to the reasonable satisfaction of Landlord Landlord, including, but not limited to, repairing any damage (and replacing any property so damaged) caused by Tenant or any of Tenant’s Representatives, or due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factorsResponsible Parties, and restoring the Premises and other portions of the Project to the condition existing prior to the occurrence of such damage. Without limiting any of the foregoing, Tenant shall be solely responsible for promptly maintaining, repairing and replacing maintaining (a) all mechanical systems, heating, ventilation and air conditioning (“HVAC”) systems exclusively serving the Premises, unless maintained by Landlord, (b) all plumbing work and fixturesfixtures exclusively serving the Premises, (c) electrical wiring systems, fixtures and equipment exclusively serving the Premises, (d) all interior lighting (including, without limitation, light bulbs and/or ballasts) and exterior lighting exclusively serving the Premises or adjacent to the Premises, (e) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closersclosers within the Premises, (f) all roll-up doors, ramps and dock equipmentequipment within the Premises, including without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (g) all tenant signage, (h) lifts for disabled persons serving the Premises, (i) sprinkler systems, fire protection systems and security systemssystems inside and exclusively serving the Premises, except to the extent maintained by Landlord, and (ji) all partitions, fixtures, equipment, interior painting, interior walls and floors, and floor coverings of the Premises and every part thereof (including, without limitation, any demising walls contiguous to any portion of the Premises)thereof. Tenant shall maintain throughout the Term a current contract with a vendor qualified to repair and maintain the HVAC systems serving the Premises, which vendor Any such work shall be performed by licensed, insured and bondable contractors and subcontractors reasonably approved by Landlord. Additionally, Tenant shall be solely responsible for the performance of the regular removal of trash and debris. Notwithstanding debris from the foregoing, Landlord shall have the right, but not the obligation, exercisable at any time, to directly contract with an HVAC vendor to perform the preventive maintenance on the mechanical and/or HVAC equipment, including, without limitation, the right to obtain a semi-annual HVAC condition report, in which event the costs and expenses associated with such services and/or report shall be part of the definition of Operating Expenses herein. Should Landlord elect to directly contract for such HVAC condition report, then Tenant, upon receipt of such report, shall promptly make all repairs and/or replacements indicated on such report. So long as Tenant does not utilize the generator currently located at the Building or request its use, Tenant shall have no responsibility for any repairs or maintenance of such generator at the BuildingPremises.

Appears in 1 contract

Samples: Lease Agreement (Ambarella Inc)

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