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

Tenant’s Repairs and Maintenance. A. Except as provided in Paragraph 5 and except for damage to the Premises or Building caused by an act or omission of Landlord or Landlord's employees, agents, contractors, or invitees following the completion of the Landlord's Work, Tenant, at its own cost and expense, shall (i) maintain all parts of the Premises (including, but not limited to, the floor slab of the Premises and the mechanical, electrical, plumbing, sewer, sprinkler and other life-safety equipment, fixtures and systems forming a part of the Premises), in good, neat, clean, sanitary and operable condition and (ii) make all necessary repairs and replacements thereto in a good and workmanlike manner. Tenant shall receive the benefit of the coverage afforded to Landlord by any warranty or maintenance/service contract relating to the Premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completion. In addition to the foregoing, Tenant shall, at its sole expense, repair any damage to the Premises or the Building caused by the negligent or intentional acts or omissions of Tenant or Tenant's employees, agents or invitees, or caused by Tenant's default hereunder; provided, however, that Tenant's obligations hereunder are subject to the mutual waiver of subrogation in Paragraph 11D.

Appears in 1 contract

Samples: Disturbance Agreement (Ameritrade Holding Corp)

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Tenant’s Repairs and Maintenance. A. Except as provided in Paragraph 5 and except for damage to the Premises or Building caused by an act or omission of Landlord or Landlord's employees, agents, contractors, or invitees following the am completion of the Landlord's Work, Tenant, at its own cost and expense, shall (i) maintain all parts of the Premises (including, but not limited to, the floor slab of the Premises and the mechanical, electrical, plumbing, sewer, sprinkler and other life-safety equipment, fixtures and systems forming a part of the Premises), in good, neat, clean, sanitary and operable condition and (ii) make all necessary repairs and replacements thereto in a good and workmanlike manner. Tenant shall receive the benefit of the coverage afforded to Landlord by any warranty or maintenance/service contract relating to the Premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completion. In addition to the foregoing, Tenant shall, at its sole expense, repair any damage to the Premises or the Building caused by the negligent or intentional acts or omissions of Tenant or Tenant's employees, agents or invitees, or caused by Tenant's default hereunder; provided, however, that Tenant's obligations hereunder are subject to the mutual waiver of subrogation in Paragraph 11D.

Appears in 1 contract

Samples: Lease Agreement (Ameritrade Holding Corp)

Tenant’s Repairs and Maintenance. A. Except as provided in Paragraph 5 (a) Tenant covenants and except for damage to agrees that, from and after the date that possession of the Premises or Building caused by an act or omission of Landlord or Landlord's employees, agents, contractors, or invitees following is delivered to Tenant and until the completion end of the Landlord's WorkLease Term, Tenant, at its own cost and expense, will keep neat and clean and maintain in good order, condition and repair the Premises and every part thereof, and will make all required repairs thereto and/or replacements of portions thereof, excepting only for those repairs or replacements for which Landlord is responsible under the terms of Article 4, Section 7.1, or Article 12 of this Lease. Tenant shall (i) maintain not permit or commit any waste, and, notwithstanding anything to the contrary set forth in Section 7.1, Tenant shall be responsible for the cost of all parts repairs and replacements to the Premises, the Building and the facilities of the Building, whether ordinary or extraordinary, structural or non-structural, when necessitated by Tenant’s, or its subtenant’s or assignee’s, moving property in or out of the Building or installation or removal of furniture, fixtures or other property or by the performance by Tenant, or its subtenant or assignee, of any alterations or other work in the Premises, or when necessitated by the acts, omission, misuse, neglect or improper conduct of Tenant, its assignee or subtenant, or its or their agents, employees, contractors or invitees or the use or occupancy or manner of use or occupancy of the Premises (including, but not limited to, other than in accordance with the floor slab terms of the Premises and the mechanical, electrical, plumbing, sewer, sprinkler and other life-safety equipment, fixtures and systems forming a part this Lease. All of the Premises), in good, neat, clean, sanitary and operable condition and (ii) make all necessary said repairs and any restorations or replacements thereto required in connection therewith shall be of a quality and class at least equal to the original work or installations and shall be done in a good and workmanlike manner. Tenant shall receive the benefit of the coverage afforded to Landlord by any warranty or maintenance/service contract relating to the Premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completion. In addition to the foregoing, Tenant shall, at its sole expense, repair any damage to the Premises or the Building caused by the negligent or intentional acts or omissions of Tenant or Tenant's employees, agents or invitees, or caused by Tenant's default hereunder; provided, however, that Tenant's obligations hereunder are subject to the mutual waiver of subrogation in Paragraph 11D..

Appears in 1 contract

Samples: American Financial Realty Trust

Tenant’s Repairs and Maintenance. A. Except as provided in Paragraph 5 (a) Tenant covenants and except for damage to agrees that, from and after the Premises or Building caused by an act or omission of Landlord or Landlord's employees, agents, contractors, or invitees following Commencement Date and until the completion end of the Landlord's WorkLease Term, Tenant, at its own expense, will keep neat and clean and maintain in good order, condition and repair the Premises, Alterations and all fixtures or facilities contained in the Premises which do not constitute part of the Common Elements or the Building systems, including, without limitation, any distribution conduits for the HVAC system serving the Premises, any supplemental air conditioning units, any private lavatory and any public lavatories located on floors leased entirely to Tenant, shower, toilet, washbasin and kitchen facilities, and all plumbing serving or connected to such systems or facilities, and will make all required repairs thereto and/or replacements of portions thereof, excepting only for those repairs or replacements for which Landlord or the Board is responsible under the terms of Section 7.1 or Articles 9 or 12 of this Lease or unless due to Landlord’s negligence or willful misconduct. Tenant shall not permit or commit any waste, and, notwithstanding anything to the contrary set forth in Section 7.1, but subject to Section 11.7 hereof, Tenant shall be responsible for the cost of all repairs and replacements to the Premises, the Unit, the Building and the facilities of the Building, whether ordinary or extraordinary, structural or, non-structural, when necessitated by Tenant’s, or its subtenant’s or assignee’s, moving property in or out of the Building or installation or removal of furniture, fixtures or other property or by the performance by Tenant, or its subtenant or assignee, of any alterations or other work in the Premises, or when necessitated by the negligent acts or willful acts of Tenant, its assignee or subtenant, or its or their agents, employees, contractors or invitees or the use or occupancy or manner of use or occupancy of the Premises other than in accordance with the terms of this Lease; provided, however, that any repairs and maintenance outside of the Premises or to the Common Elements for which Tenant is responsible pursuant to the foregoing provisions of this Section shall be performed by Landlord or the Board at Tenant’s commercially reasonable cost and expense. Tenant, at its expense, shall (i) maintain promptly replace or repair all parts of scratched, damaged or broken doors and interior glass in the Premises (includingif such scratch, but not limited to, the damage or break is visible from any passenger elevator lobby on any floor slab of the Premises and the mechanical, electrical, plumbing, sewer, sprinkler and other life-safety equipment, fixtures and systems forming a part of the Premises), in good, neat, clean, sanitary and operable condition and (ii) make all necessary repairs and replacements thereto in a good and workmanlike manner. Tenant shall receive the benefit of the coverage afforded to Landlord by any warranty or maintenance/service contract relating to the Premises. Tenant shall commence such repair within ten (10) days be responsible for the cost of all repainting and all repairs, maintenance and replacement of wall, ceiling and floor coverings in the earlier Premises. All of (i) Tenant's receipt of written notice from Landlord said repairs and any restorations or replacements required in connection therewith shall be of a defect quality and class at least equal to the original work or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, installations and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect be done in a good and workmanlike manner and shall diligently prosecute the repair to completion. In addition to the foregoing, Tenant shall, at its sole expense, repair any damage to the Premises or the Building caused by the negligent or intentional acts or omissions reasonable satisfaction of Tenant or Tenant's employees, agents or invitees, or caused by Tenant's default hereunder; provided, however, that Tenant's obligations hereunder are subject to the mutual waiver of subrogation in Paragraph 11D.Landlord.

Appears in 1 contract

Samples: Attornment Agreement (Epoch Holding Corp)

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Tenant’s Repairs and Maintenance. A. Except as provided in Paragraph 5 (a) Tenant covenants and except for damage to agrees that, from and after the date that possession of the Premises or Building caused by an act or omission of Landlord or Landlord's employees, agents, contractors, or invitees following is delivered to Tenant and until the completion end of the Landlord's WorkLease Term, Tenant, at its own cost and expense, will keep neat and clean and maintain in good order, condition and repair the Premises and every part thereof, and will make all required repairs thereto and/or replacements of portions thereof, excepting only for those repairs or replacements for which Landlord is responsible under the terms of Article 4, Section 7.1, or Article 12 of this Lease. Tenant shall (i) maintain not permit or commit any waste, and, notwithstanding anything to the contrary set forth in Section 7.1, Tenant shall be responsible for the cost of all parts repairs and replacements to the Premises, the Building and the facilities of the Building, whether ordinary or extraordinary, structural or non-structural, when necessitated by Tenant's, or its subTenant's or assignee's, moving property in or out of the Building or installation or removal of furniture, fixtures or other property or by the performance by Tenant, or its subtenant or assignee, of any alterations or other work in the Premises, or when necessitated by the acts, omission, misuse, neglect or improper conduct of Tenant, its assignee or subtenant, or its or their agents, employees, contractors or invitees or the use or occupancy or manner of use or occupancy of the Premises (including, but not limited to, other than in accordance with the floor slab terms of the Premises and the mechanical, electrical, plumbing, sewer, sprinkler and other life-safety equipment, fixtures and systems forming a part this Lease. All of the Premises), in good, neat, clean, sanitary and operable condition and (ii) make all necessary said repairs and any restorations or replacements thereto required in connection therewith shall be of a quality and class at least equal to the original work or installations and shall be done in a good and workmanlike manner. Tenant shall receive the benefit of the coverage afforded to Landlord by any warranty or maintenance/service contract relating to the Premises. Tenant shall commence such repair within ten (10) days of the earlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the date upon which Tenant first became aware of a defect or need for repairs, and Tenant shall thereafter have a reasonable opportunity under the particular circumstance to repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to completion. In addition to the foregoing, Tenant shall, at its sole expense, repair any damage to the Premises or the Building caused by the negligent or intentional acts or omissions of Tenant or Tenant's employees, agents or invitees, or caused by Tenant's default hereunder; provided, however, that Tenant's obligations hereunder are subject to the mutual waiver of subrogation in Paragraph 11D..

Appears in 1 contract

Samples: Etre Reit, LLC

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