Common use of Tenant’s Repairs Clause in Contracts

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same.

Appears in 3 contracts

Samples: Attornment Agreement (AltheaDx, Inc.), Attornment Agreement (AltheaDx, Inc.), Attornment Agreement (AltheaDx, Inc.)

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Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 belowSection 13 hereof, Tenant shallTenant, at Tenant’s own its expense, keep shall repair, replace and maintain in good condition all portions of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall includeincluding, without limitation, entries, doors, ceilings, interior windows, interior walls, and the obligation to promptly interior side of demising walls. Such repair and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall replacement may include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, when necessary Landlord shall give Tenant notice of such failure. If Tenant fails to keep commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the Premises costs of such cure from Tenant. Subject to Sections 17 and all improvements thereon 18, Tenant shall bear the full uninsured cost of any repair or a replacement to any part thereof of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises Systems in first-class order, condition and repair and in compliance with all applicable lawsPremises. Except as expressly set forth Notwithstanding anything to the contrary contained in this Lease, it as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is intended by responsible as part of the parties hereto that Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have no the right, but not the obligation, in any manner whatsoever, to repair or maintain provide Tenant with written notice thereof and to assume the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or Maintenance Obligations if Tenant does not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). cure Tenant’s maintenance failure within 10 days after receipt of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samenotice.

Appears in 3 contracts

Samples: Lease Agreement (Erasca, Inc.), Lease Agreement (Erasca, Inc.), Lease Agreement (Erasca, Inc.)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 Tenant, at its own cost and 11.1 belowexpense, Tenant shall, at except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s own expensefault) (i) maintain and repair all parts of the Premises and keep them in good, keep the Premisessafe, including all improvementsoperating condition or, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitationif better, the obligation to condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and adequately repair all damage replacements to the Premises and replace or repair all damaged or broken fixtures the systems serving the Premises, including, but not limited to, windows, glass and appurtenancesplate glass doors, together with all portions of the HVACany special office entry, electricalinterior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical plumbingsystems, life safety electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to fixtures, sewer lines, as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all improvements thereon or a part thereof refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it same is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain available at the Premises, pay the improvements located therein or the equipment therein, or the nonstructural aspects entirety of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at except with Landlord’s optionprior written approval, or if Tenant fails which shall not be unreasonably withheld, subject to make such repairsterms, conditions and requirements as Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samemay specify).

Appears in 3 contracts

Samples: Industrial Triple Net Lease (Orbital Energy Group, Inc.), Industrial Triple Net Lease (Orbital Energy Group, Inc.), Industrial Triple Net Lease (Orbital Energy Group, Inc.)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shallTenant, at Tenant’s own its expense, keep shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises. Landlord shall not be required to make any repair, including all improvementswhether foreseen or unforeseen, fixtures and furnishings thereinor to maintain any of the Premises in any way. Any repair or replacement shall be performed at the Tenant's expense by contractors approved by Landlord, in good orderor at Landlord's option, by Landlord. Such repair and condition at all times during replacements include capital expenditures and repairs whose benefit extend beyond the Lease Term. Heating, which repair obligations shall include, without limitation, the obligation to promptly ventilation and adequately repair all damage to air conditioning systems and other mechanical and building systems serving the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that contractors under such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractorsreasonably approved by Landlord. If Tenant fails to perform any repair or replacement for which it is responsible, satisfactory to Landlord in its sole discretion, who shall have not less than may perform such work and be reimbursed by Tenant within ten (10) years of experience in maintaining such systems in biotechnical facilitiesdays after demand therefor. Subject to the Restoration and Condemnation Paragraphs, Tenant shall be solely responsible for bear the full cost of all interior nonstructural any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements or alterations to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises Systems required by laware subject, then upon request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, at Landlord’s option, or Tenant shall not be required to remove any such encroachments if Tenant fails has or obtains such easements, licenses or similar rights as may be necessary to make permit such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (encroachments to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameremain.

Appears in 3 contracts

Samples: Lease (Blue Rhino Corp), Lease (Blue Rhino Corp), Lease (Blue Rhino Corp)

Tenant’s Repairs. Subject to the reimbursement provisions of Xxxxxxxxx 0, Xxxxxxxx shall maintain in good repair and condition the parking areas and other internal and external common areas including, but not limited to internal lobbies, corridors, driveways, alleys, landscape and grounds surrounding the Premises. Subject to Landlord’s repair obligations obligation in Sections 7.2 Paragraph 10 and 11.1 belowsubject to Paragraphs 2, Tenant shall9 and 15, Tenant, at Tenant’s own its expense, keep the Premisesshall repair, including all improvements, fixtures replace and furnishings therein, maintain in good ordercondition all portions of the Premises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems. Such repair and condition at replacements include capital expenditures and repairs whose benefit may extend beyond the Term; provided in all times during events Landlord shall complete such capital repairs and such capital expenditures shall be fully amortized in accordance with the Formula (defined hereafter) and reimbursed to Landlord over the remainder of the Lease Term, which repair obligations without regard to any extension or renewal option not then exercised. The “Formula” shall include, without limitationmean that number, the obligation to promptly numerator of which shall be the number of months of the Lease Term remaining after such capital expenditures, and adequately repair all damage the denominator of which shall be the amortization period (in months) equal to the Premises useful life of such repair or replacement multiplied by the cost of such capital expenditure or repair. Landlord shall pay for such capital expenditures and replace or repair all damaged or broken fixtures repairs and appurtenances, together with all portions Tenant shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the HVACOperating Expenses. In the event Tenant extends the Lease Term either by way of an option or negotiated extension, electricalsuch reimbursement by Tenant shall continue as provided above until such amortization period has expired. Heating, ventilation and air conditioning systems and other mechanical plumbing, life safety and lab building systems from the point that such systems solely serves exclusively serving the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred shall be maintained at Tenant’s expense pursuant to as the “Premises Systems”)maintenance service contracts entered into by Tenant or, at Landlord’s election, by Landlord, in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond case the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended costs of such contracts entered into by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects be included as an Operating Expense. The scope of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not services and contractors under such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilitiesreasonably approved by Landlord. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if If Tenant fails to make such repairscommence to perform any repair or replacement for which it is responsible after 10 days written notice from Landlord, Landlord maymay perform such work and be reimbursed by Tenant within 10 days after demand therefor. Subject to Paragraphs 9 and 15, but need not, make such repairs and replacements, and Tenant shall pay Landlord bear the full cost thereof, including a percentage of any repair or replacement to any part of the cost thereof (to be uniformly established for Building or Project that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samePremises.

Appears in 2 contracts

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

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 belowSection 13 hereof, Tenant shallTenant, at Tenant’s own its expense, keep shall repair, replace and maintain in good condition all portions of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall includeincluding, without limitation, entries, doors, ceilings, interior windows, interior walls, and the obligation interior side of demising walls. Should Tenant fail to promptly make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 business days of Landlord’s notice, and adequately thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 business days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency (i.e., a circumstance which poses an imminent threat of harm to persons or substantial property damage), Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair all or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth contrary contained in this Lease, it as of the Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall, during any period that Tenant is intended by responsible for the parties hereto that Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have no the right, but not the obligation, in any manner whatsoever, to repair or maintain provide Tenant with written notice thereof and to assume the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or Maintenance Obligations if Tenant does not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). cure Tenant’s maintenance failure within 10 days after receipt of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samenotice.

Appears in 2 contracts

Samples: Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.)

Tenant’s Repairs. Subject to Landlord’s repair obligations Except as provided in Sections 7.2 and 11.1 below7.3 herein, Tenant shallshall make all repairs and alterations to the property which Tenant is required to maintain, at Tenant’s own expenseas hereinafter set forth, keep which may be necessary to maintain the Premises, including all improvements, fixtures and furnishings therein, same in as good order, repair and condition at all times during as the same are on the Commencement Date or which may be required by any laws, ordinances or regulations of any public authorities having jurisdiction, including any applicable subsequent amendments or modifications thereto, reasonable wear and tear and damage excepted and subject to Articles VIII, IX and X. Upon the expiration or other termination of the Lease Term, Tenant shall remove its goods and effects and those of all persons claiming under it and shall yield up peaceably to Landlord the Demised Premises with so much of the same as Tenant is obligated to maintain pursuant to the provisions of this Section 7.1 in as good repair and condition as the same were in on the Commencement Date, reasonable wear and tear excepted and subject to Articles VIII, IX and X. However, notwithstanding anything in this lease contained to the contrary, Landlord shall reimburse Tenant for the reasonable cost of making all repairs and alterations to the property which repair obligations shall includeTenant is required to maintain which may be required as the result of repairs, alterations, other improvements or installations made by Landlord or Landlord's agents or employees, unless done by Landlord pursuant to Section 13.1. The property which Tenant is required to maintain is the interior of the Demised Premises, including, without limitation, all glass and all utilities, conduits, fixturew and equipment within the obligation Demised Premises serving the Demised Premises exclusively, but excluding all property which Landlord is required to promptly and adequately repair all damage maintain below provided. If at any time during the Lease Term Tenant shall make any repairs or replacements to the heating-ventilating air conditioning system serving the Demised Premises ("HVAC") that are not customarily included in a regular service and replace or repair all damaged or broken fixtures and appurtenancesmaintenance contract, together with all portions then Tenant shall be reimbursed by Landlord, upon demand, for an amount equal to the product of the HVACcost to Tenant thereof multiplied by a fraction the denominator of which is 120 and the numerator of which is 120 minus the number of months between the date of the making of such repairs and/or replacements, electricalin each case, mechanical plumbing, life safety and lab systems the date of the termination of the Lease Term. Said reimbursement may be effected by Xxxxxx's deducting the amount thereof from the point that final payments of Minimum Rent due and payable hereunder. (If the Lease Term shall be extended subsequent to the making of any such systems solely serves repairs "the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects termination of the Premises Systems, all of which obligations are intended term" shall be deemed to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance termination of the Premises Systems shall comply with the manufacturers’ recommended operating Lease Term as so extended, and maintenance procedures. Tenant shall enter into and pay thereupon reimburse Landlord for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems any excess reimbursement paid by Xxxxxxxx in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samepreceding sentence.)

Appears in 2 contracts

Samples: Agreement (Basic Us Reit Inc), Agreement (Basic Us Reit Inc)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems are located in and solely serves the Premises and all portions of all fume hoods and other exhaust systems that are located in and exclusively serve the Premises (all such systems collectively being referred to as the “Premises Systems”), in a first-class good condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class the order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole reasonable discretion, which may require, without limitation, that any third party contractor provide Landlord with evidence of insurance as required by Landlord) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole reasonable discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Upon Landlord’s request, Tenant shall provide maintenance reports from any such contractors. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by lawlaw to the extent required under Article 21. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. In addition, Landlord reserves the right, upon notice to Tenant, to procure and maintain any or all of such service contracts, and if Landlord so elects, Tenant shall reimburse Landlord, upon demand, for the costs thereof.

Appears in 2 contracts

Samples: Extension Option Rider (Applied Molecular Transport Inc.), Extension Option Rider (Applied Molecular Transport LLC)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems are located in and solely serves serve the Premises and all portions of all fume hoods and other exhaust systems that are located in and exclusively serve the Premises (all such systems collectively being referred to as the “Premises Systems”), in a first-class conditionthe condition received. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class the order, condition and repair received and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole reasonable discretion, which may require, without limitation, that any third party contractor provide Landlord with evidence of insurance as required by Landlord) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole reasonable discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Upon Landlord’s request, Tenant shall provide maintenance reports from any such contractors. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by lawlaw to the extent [BigHat Biosciences, Inc.] Execution Original required under Article 21. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. In addition, Landlord reserves the right, upon notice to Tenant, to procure and maintain any or all of such service contracts, and if Landlord so elects, Tenant shall reimburse Landlord, upon demand, for the costs thereof.

Appears in 2 contracts

Samples: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)

Tenant’s Repairs. Subject to Landlord’s repair obligations Except as expressly provided in Sections 7.2 and 11.1 belowSubparagraph ---------------- 10.A above, Tenant shall, at Tenant’s own expenseits sole cost, keep and maintain the Premisesentire Premises and every part thereof, including without limitation, the windows, window frames, plate glass, glazing, skylights, truck doors, doors and all improvementsdoor hardware, fixtures the walls and furnishings thereinpartitions, and the electrical, plumbing, lighting, heating, ventilating and air conditioning systems and equipment in good order, repair condition and condition repair. The term "repair" shall include replacements, restorations and/or renewals when necessary as well as painting. Tenant's obligation shall extend to all alterations, additions and improvements to the Premises, and all fixtures and appurtenances therein and thereto. Tenant shall, at all times during the Lease Term, which repair obligations shall include, without limitation, have in effect a service contract for the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions maintenance of the heating, ventilating and air conditioning ("HVAC") equipment with an HVAC repair and maintenance contractor approved by Landlord, electricalwhich approval shall not unreasonably withheld. The HVAC service contract shall provide for periodic inspection and servicing at least once every three (3) months during the term hereof, mechanical plumbing, life safety and lab systems from the point that Tenant shall provide Landlord with a copy of such systems solely serves the Premises contract and all portions periodic service reports. Should Tenant fail to make repairs required of all fume hoods and other exhaust systems Tenant hereunder forthwith upon five (all such systems collectively being referred 5) days notice from Landlord or should Tenant fail thereafter to as diligently complete the “Premises Systems”)repairs, Landlord, in a first-class condition. Tenant’s obligations shall include restorationsaddition to all other remedies available hereunder or by law and without waiving any alternative remedies, replacements or renewalsmay make the same, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable lawsthat event, Tenant shall reimburse Landlord as additional rent for the cost of such maintenance or repairs within five (5) days of written demand by Landlord. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligationmaintenance or repair obligations whatsoever with respect to the Premises except as expressly provided in Subparagraph 10.A and Paragraph 11 and 16. Tenant hereby expressly waives the provisions of Subsection 1 of Section 1932 and Sections 1941 and 1942 of the Civil Code of California and all rights to make repairs at the expense of Landlord as provided in Section 1942 of said Civil Code. There shall be no allowance to Tenant for diminution of rental value, and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to business arising from the making of, or the failure to make, any repairs, alterations, decorations, additions or improvements in or to any manner whatsoeverportion of the Premises or the Building or Outside Area (or any of the areas used in connection with the operation thereof, or in or to repair any fixtures, appurtenances or maintain equipment). In no event shall Landlord be responsible for any consequential damages arising or alleged to have arisen from any of the foregoing matters. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers, or any other person in or about the Premises, the improvements located therein or the equipment thereinBuilding, or the nonstructural aspects Outside Area, except for Landlord's gross negligence or willful misconduct, nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or contractors whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the Premises Systemsbreakage, all leakage, obstruction or other defects of which obligations are intended to be pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the expense of Tenant (whether said damage or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to injury results from conditions arising upon the Premises or upon other portions of the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s optionBuilding, or if Tenant fails from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameTenant.

Appears in 2 contracts

Samples: Lease Agreement (Verisign Inc/Ca), Lease Agreement (Verisign Inc/Ca)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 belowSection 13 hereof, Tenant shallTenant, at Tenant’s own its expense, keep shall repair, replace and maintain in good condition all interior portions of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall includeincluding, without limitation, entries, doors, ceilings, interior windows, interior walls, and the obligation interior side of demising walls. Should Tenant fail to promptly make any such repair or replacement or fail to maintain the Premises as required under this Section 14, Landlord shall give Tenant written notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s written notice, and adequately thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days following written demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair all or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party. Notwithstanding anything to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth contrary contained in this Lease, it as of the Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall, during any period that Tenant is intended by responsible for the parties hereto that Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have no the right, but not the obligation, in any manner whatsoever, to repair or maintain provide Tenant with written notice thereof and to assume the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or Maintenance Obligations if Tenant does not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). cure Tenant’s maintenance failure within 10 days after receipt of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samenotice.

Appears in 2 contracts

Samples: Lease Agreement (Turning Point Therapeutics, Inc.), Lease Agreement (Regulus Therapeutics Inc.)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 belowSection 13 hereof, Tenant shallTenant, at Tenant’s own its expense, keep shall repair, replace and maintain in good condition all portions of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall includeincluding, without limitation, entries, doors, ceilings, interior windows, interior walls, and the obligation to promptly interior side of demising walls. Such repair and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall replacement may include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, when necessary Landlord shall give Tenant notice of such failure. If Tenant fails to keep commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the Premises costs of such cure from Tenant. Subject to Sections 17 and all improvements thereon 18, Tenant shall bear the full uninsured cost of any repair or a replacement to any part thereof of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises Systems in first-class order, condition and repair and in compliance with all applicable lawsPremises. Except as expressly set forth Notwithstanding anything to the contrary contained in this Lease, it as of the Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall, during any period that Tenant is intended by responsible for the parties hereto that Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have no the right, but not the obligation, in any manner whatsoever, to repair or maintain provide Tenant with written notice thereof and to assume the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or Maintenance Obligations if Tenant does not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). cure Tenant’s maintenance failure within 10 days after receipt of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samenotice.

Appears in 2 contracts

Samples: Lease Agreement (Zentalis Pharmaceuticals, Inc.), Lease Agreement (Zentalis Pharmaceuticals, LLC)

Tenant’s Repairs. (A) Subject to Landlord’s repair obligations in Sections 7.2 the provisions of Article XII (relating to destruction of the Leased Premises) and 11.1 belowArticle XIII (relating to condemnation), Tenant shallat Tenant’s sole cost and expense and at all times shall keep the Leased Premises and every part thereof in good order, condition and repair, structural and non-structural (whether or not such portion of the Leased Premises requiring repairs, or the means of repairing the same, are reasonably and readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of such portion of the Leased Premises), including without limiting the generality of the foregoing, all equipment or facilities servicing the Leased Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting systems, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing systems, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roofs, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs sidewalks, and parkways located in, on, under or about the Leased Premises. Tenant shall not cause or permit any Hazardous Substance to be spilled or released in, on, under or about the Leased Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Tenant’s own expense, keep take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of contamination of, and for the maintenance, security and/or monitoring of the Leased Premises, including all improvementsthe elements surrounding the same, fixtures and furnishings thereinor neighboring properties, that was caused, permitted or materially contributed to by Tenant, or pertaining to or involving any Hazardous Substance and/or storage tank brought onto the Leased Premises by or for Tenant or under its control. Tenant in keeping the Premises in good order, condition and repair shall exercise and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class conditionperform good maintenance practices. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Leased Premises and all improvements thereon or a part thereof and the Premises Systems in first-class good order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects state of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samerepair.

Appears in 2 contracts

Samples: 1commercial Lease Agreement (Orange 21 Inc.), Commercial Lease Agreement (Orange 21 Inc.)

Tenant’s Repairs. Subject to Landlord’s repair obligations Except as expressly provided in Sections 7.2 Subparagraph 12(a) above and 11.1 Paragraph 16 below, Tenant shall, at Tenant’s own expenseits sole cost, keep and maintain the Premisesentire Premises and every part thereof, including without limitation, the windows, window frames, plate glass, glazing, skylights, truck doors, doors and all improvementsdoor hardware, fixtures the interior walls and furnishings thereinpartitions, interior surfaces of exterior walls, carpets, flooring, roof membrane and the electrical, plumbing, lighting, heating, ventilating and air conditioning systems and equipment in good order, repair condition and condition repair. The term "repair" shall include replacements, restorations and/or renewals when necessary as well as painting. Tenant's obligation shall extend to all alterations, additions and improvements to the Premises, and all fixtures and appurtenances therein and thereto. Tenant shall, at all times during the Lease Term, which repair obligations shall includehave in effect a service contract for the maintenance of the heating, without limitation, the obligation to promptly ventilating and adequately repair all damage to air conditioning ("HVAC") equipment serving the Premises with an HVAC repair and replace or repair all damaged or broken fixtures maintenance contractor reasonably approved by Landlord. The HVAC service contract shall provide for periodic inspection and appurtenancesservicing at least once every three (3) months during the term hereof, together and Tenant shall provide Landlord with all portions a copy of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises contract and all portions periodic service reports. Landlord shall assign to Tenant for the term of this Lease the benefit of all fume hoods and other exhaust systems warranties available to Landlord which would reduce the cost of performing the obligations of Tenant to make repairs under this Subparagraph 12(b). Landlord shall cooperate with Tenant in the enforcement of such warranties. Should Tenant fail to commence to make repairs required of Tenant hereunder within fifteen (all such systems collectively being referred 15) days after notice from Landlord or should Tenant fail thereafter to as diligently complete the “Premises Systems”)repairs, Landlord, in a first-class condition. Tenant’s obligations shall include restorationsaddition to all other remedies available hereunder or by law and without waiving any alternative remedies, replacements or renewalsmay make the same, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable lawsthat event, Tenant shall reimburse Landlord as additional rent for the cost of such maintenance or repairs within thirty (30) days of written demand by Landlord. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, maintenance or repair obligations whatsoever with respect to the Premises except as expressly provided in any manner whatsoever, to repair or maintain Subparagraph 12(a) and Paragraph 16. Tenant hereby expressly waives the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects provisions of Subsection 1 of Section 1932 and Sections 1941 and 1942 of the Premises Systems, Civil Code of California and all of which obligations are intended rights to be make repairs at the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance Landlord as provided in Section 1942 of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samesaid Civil Code.

Appears in 2 contracts

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

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises SystemsSystems whether structural or nonstructural, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms reasonably satisfactory to Landlord, which may require, without limitation, that any third party contractor provide Landlord in its sole discretionwith evidence of insurance as required by Landlord) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, reasonably satisfactory to Landlord in its sole discretionLandlord, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Upon Landlord’s request, Tenant shall provide maintenance reports from any such contractors. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. In addition, Landlord reserves the right, upon notice to Tenant, to procure and maintain any or all of such service contracts, and if Landlord so elects, Tenant shall reimburse Landlord, upon demand, for the costs thereof. Tenant shall, no later than January 31st of each calendar year during the Term, provide to Landlord a copy of the budget for maintenance, repairs and replacements at the Premises for the preceding calendar year, as well as a detailed summary of the amounts actually expended by Tenant during such period for maintenance, repairs and replacements at the Premises.

Appears in 2 contracts

Samples: Lease (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, Inc.)

Tenant’s Repairs. Subject to Landlord’s repair obligations 's obligation in Sections 7.2 Paragraph 10 and 11.1 belowsubject to Paragraphs 9 and 15, Tenant shallTenant, at Tenant’s own its expense, keep the Premisesshall repair, including all improvements, fixtures replace and furnishings therein, maintain in good ordercondition all portions of the Premises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems. Such repair and condition at all times during replacements include capital expenditures and repairs whose benefit may extend beyond the Term, and such capital expenditures and repairs shall be amortized in accordance with the Formula (defined hereafter) over the remainder of the Lease Term, which repair obligations without regard to any extension or renewal option not then exercised. The "Formula" shall include, without limitationmean that number, the obligation to promptly and adequately repair all damage to numerator of which shall be the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions number of months of the HVACLease Term remaining after the replacement of any such capital expenditures, electrical, mechanical plumbing, life safety and lab systems from the point that denominator of which shall be the maximum amortization period (in months) allowable for determining depreciation of such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorationsfederal income tax purposes. Landlord shall pay for such capital expenditures and repairs and Tenant shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the Operating Expenses. Heating, replacements or renewals which will have an expected life beyond the Term, when necessary to keep ventilation and air conditioning systems and other mechanical and building systems serving the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant or, if not done so by Tenant, by Landlord. The scope of services and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not contractors under such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilitiesreasonably approved by Landlord. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if If Tenant fails to make such repairsperform any repair or replacement for which it is responsible, Landlord maymay perform such work and be reimbursed by Tenant within 10 days after demand therefor. Subject to Paragraphs 9 and 15, but need not, make such repairs and replacements, and Tenant shall pay Landlord bear the full cost thereof, including a percentage of any repair or replacement to any part of the cost thereof (to be uniformly established for Building or Project that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samePremises.

Appears in 2 contracts

Samples: Lease Agreement (Ikanos Communications), Lease Agreement (Ikanos Communications)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 13, 17 and 11.1 below18 hereof, Tenant shallTenant, at Tenant’s own its expense, keep shall repair, replace, and maintain in good condition all portions of the Premises, including including, without limitation, gas, electrical, water, HVAC, sanitary sewer, plumbing, fire protection (including, without limitation, sprinklers), elevators, and all improvementsother building systems serving the Premises ("Building Systems"), fixtures entries, doors, ceilings, interior windows, interior walls, and furnishings therein, in good order, the interior side of demising walls. Such repair and condition at replacements may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such default within 10 days of Landlord's notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such default by Tenant creates or could create an emergency, Landlord may immediately commence cure of such default and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. At all times during the Lease Term, Tenant shall either (i) keep in place a contract for the maintenance of the Building Systems, with a contractor and using maintenance schedules and procedures reasonably acceptable to, and previously approved by, Landlord, or (ii) make other arrangements for such maintenance work, which repair obligations arrangements shall includebe reasonably acceptable to, without limitationand previously approved by, the obligation to promptly and adequately repair all damage to Landlord. Mechanic's Liens. Tenant shall discharge, by bond or otherwise, any mechanic's lien filed against the Premises or against the Project for work claimed to have been done for, or materials claimed to have been furnished to, Tenant within 20 days after the filing thereof, at Tenant's sole cost and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to otherwise keep the Premises and all improvements thereon the Project free from any liens arising out of work performed, materials furnished, or a part thereof and the Premises Systems in first-class orderobligations incurred by Tenant. Should Tenant fail to discharge any lien described herein, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no the right, but not the obligation, to pay such claim or post a bond or otherwise provide security to eliminate the lien as a claim against title to the Project and the cost thereof shall be immediately due from Tenant as Additional Rent. If Tenant shall lease or finance the acquisition of office equipment, furnishings, or other personal property of a removable nature utilized by Tenant in the operation of Tenant's business, Tenant warrants that any manner whatsoever, Uniform Commercial Code Financing Statement executed by Tenant will upon its face or by exhibit thereto indicate that such Financing Statement is applicable only to repair or maintain removable personal property of Tenant located within the Premises, . In no event shall the improvements located therein or the equipment therein, or the nonstructural aspects address of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make Project be furnished on any such repairs, Landlord may, but need not, make Financing Statement without such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samequalifying language.

Appears in 2 contracts

Samples: Lease Agreement (Cell Genesys Inc), Lease Agreement (Cell Genesys Inc)

Tenant’s Repairs. Subject to Landlord’s repair obligations Except as expressly provided in Sections 7.2 and 11.1 belowParagraph 8.1, Tenant shall, at its sole cost, keep in first-class appearance, in a condition at least equal to that which existed when Tenant initially began operating at the Premises, and in good order, condition, cleanliness and repair the interior of the Premises and every part thereof, including without limitation, the interior surfaces of walls, floors, ceilings, and the interior surfaces of all doors, door frames, door checks, entrances, windows, window frames, and plate glass. Landlord shall repair, maintain, and replace, at Tenant’s own expense, keep swamp coolers, all plumbing and sewage facilities within the Premises, including all improvementsfree flow up to the main sewer line, fixtures, ventilation, and electrical systems serving the Premises, sprinkler systems, exterior walls, exterior windows, doors, door frames, and any mechanical systems or equipment installed for the sole use by Tenant. All equipment, facilities or fixtures and furnishings thereinshall, in good orderat Tenant’s sole expense, repair and condition be kept, repaired, maintained, replaced or added to as provided by this paragraph at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together in accordance with all portions governmental requirements; except that Tenant shall not be required to make any such repairs or replacements occasioned by the act or negligence of Landlord, its agents, employees, invitees, licensees, representatives or contractors. In the HVAC, electrical, mechanical plumbing, life safety and lab systems from event that Tenant fails to comply with the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairsParagraph 8.2, Landlord may, but need notshall not be obligated to, make perform any such repairs obligation on behalf of, and replacementsfor the account of Tenant, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees costs and other costs expenses paid or expenses arising from incurred on behalf of Tenant in connection with performing the obligations set forth herein. Tenant expressly waives the right to make repairs at Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameexpense under any law, statute or ordinance now or hereafter in effect.

Appears in 2 contracts

Samples: Merrill Creek Center Lease Agreement (Zumiez Inc), Merrill Creek Center (Zumiez Inc)

Tenant’s Repairs. Subject to Landlord’s repair obligation in Paragraph 11, and subject to Paragraphs 10 and 16, Tenant, at its expense, shall repair, replace, and maintain in good condition all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, dock doors, dock equipment, plumbing, fixtures, above slab water and sewer lines, entries, doors, ceilings, windows, and interior walls. Repair and replacement obligations in Sections 7.2 may include capital repairs or capital replacements whose benefit may extend beyond the Expiration Date. Landlord’s HVAC Obligations shall not include any HVAC systems installed by Tenant, any specialty HVAC equipment or systems (including but not limited to IT room supplemental HVAC, any air conditioning systems serving the warehouse portion of the Premises other than the Warehouse Systems, or which are necessary for temperature-controlled product)(collectively the “Tenant’s HVAC”), and 11.1 below, Tenant shallTenant, at Tenant’s own expense, keep shall be responsible for the maintenance, repair, and replacement of Tenant’s HVAC, as well as the exhaust fans, ductwork, vents, and registers serving Xxxxxx’s HVAC. Xxxxxx agrees to maintain throughout the Lease Term a preventative maintenance/service contract, using qualified contractors, for the servicing all doors and dock equipment serving the Premises. If Tenant fails to perform any maintenance, repair, or replacement for which it is responsible, Landlord may perform such work and be reimbursed by Tenant within 10 days after demand. Subject to Paragraphs 10 and 16, Tenant shall bear the cost of any repair or replacement to any part of the Premises, including all improvementsBuilding or Project that results from damage caused by Tenant, fixtures and furnishings thereinits agents, in good ordercontractors, repair and condition at all times during the Lease Termor invitees, which repair obligations shall include, without limitation, the obligation or Tenant’s failure to promptly and adequately repair all damage to maintain the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samethis Lease.

Appears in 2 contracts

Samples: Lease (Lakeside Holding LTD), Lease (Lakeside Holding LTD)

Tenant’s Repairs. Subject to Landlord’s 's repair obligations in Sections Section 7.2 and 11.1 to the provisions of Articles 11 and 13 below, Tenant shall, at Tenant’s 's own expense, keep the PremisesPremises and all portions thereof, including all improvements, fixtures fixtures, equipment and furnishings thereintherein (including, without limitation, all non-Base, Shell and Core systems and equipment within the Premises, including all components and equipment and systems providing distribution from the Base, Shell and Core systems and equipment), in good order, repair and condition at all times during the Lease Term, except for ordinary wear and tear and casualty damage which is not specifically made the responsibility of Tenant under this Lease. In connection with such repair obligations obligations, Tenant shall, at Tenant's own expense but subject to the prior approval of Landlord (which approval shall includenot be unreasonably withheld or delayed), without limitationand within any reasonable period of time specified by Landlord, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances; provided however, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoingthat, at Landlord’s 's option, or if Tenant fails to make such repairsrepairs within a reasonable period of time and after Landlord has notified Tenant of its intention to do so, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord to Landlord, within thirty (30) days after invoice, the cost actual, reasonable and documented costs thereof, including a percentage plus an administration fee equal to five percent (5%) of such costs. Landlord may, but shall not be required to, enter the cost thereof Premises at all reasonable times, and upon reasonable prior notice to Tenant (or without notice in case of emergency), to make such repairs, alterations, improvements and additions to the Premises or to the Buildings or to any equipment located in the Buildings as shall be uniformly established necessary or desirable in connection with the first-class management and operation standards for the Building) sufficient Buildings set forth herein, and/or as may be required for Landlord to reimburse comply with the provisions of this Lease and/or as may be required by applicable laws and/or governmental or quasi-governmental authority or court order or decree. Landlord for all overhead, general conditions, fees shall use commercially reasonable efforts to minimize interference with Tenant's use of and other costs or expenses arising from access to the Premises during Landlord’s involvement with 's entry into the Premises to perform such repairs and replacements forthwith upon being billed for samework pursuant to the foregoing provisions of this Section 7.1.

Appears in 1 contract

Samples: Office Lease (Foundation Health Systems Inc)

Tenant’s Repairs. Subject to Landlord’s repair obligations Except as provided in Sections 7.2 Articles 10 and 11.1 below12, during the Term Tenant shall, at Tenant’s own cost, repair, maintain and replace, if necessary, the Leasehold Improvements and keep the Premises in good order, condition and repair. Tenant’s work under this Section 7.1 must be performed in compliance with law and in a good and workmanlike manner with materials of at least Building Standard. If any repair that is the obligation of Tenant affects the Base Building, then such repair shall be performed by Landlord at Tenant’s reasonable expense; provided, keep that if such repair obligation affects a portion of the Base Building that exclusively serves Tenant, then Landlord and Tenant shall cooperate to reasonably determine which of Landlord or Tenant shall perform such repair obligation (but in either case such repair obligation shall be performed at Tenant’s reasonable expense). If Tenant fails to perform any of Tenant’s obligations under this Section 7.1 after Landlord gives to Tenant written notice and a reasonable opportunity to perform such obligations (but in any case Tenant shall commence performance of such obligations within 30 days after Landlord gives to Tenant such notice), then Landlord may perform such obligations and Tenant shall pay, as Rent, to Landlord 110% of the reasonable cost of such performance within 30 days after the date Landlord gives to Tenant an invoice therefor. For purpose of performing such obligations, or to inspect the Premises, Landlord may enter the Premises upon giving to Tenant reasonable prior notice (in cases of actual or suspected emergency, only such prior notice as is practicable, if any, shall be required) without liability to Tenant for any loss or damage incurred as a result of such entry (unless caused by Landlord’s or its agents’ negligence or willful misconduct); provided, that Landlord will take reasonable steps in connection with such entry to minimize any disruption to Tenant’s business or its use of the Premises and Tenant may require an employee of Tenant or its security service, if Tenant makes such employee available, to accompany Landlord’s personnel (or its agents or contractors) while in the Premises; and provided further, that absent an actual or suspected emergency, Tenant may reasonably restrict Landlord’s access to all Secured Areas of the Premises. “Secured Areas” shall consist of any areas of the Premises reasonably identified by Tenant as having extraordinary security or confidentiality requirements such that such areas are kept locked or inaccessible to persons unauthorized by Tenant (and trading areas shall not automatically be deemed Secured Areas). Tenant shall notify Landlord of (a) any fire or other casualty in the Premises, (b) any damage to or defect in the Premises, including all improvements, the fixtures and furnishings therein, equipment in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, for the improvements repair of which Tenant believes Landlord is responsible, and (c) any damage to or defect in any parts of or appurtenances to the Mechanical Systems located therein in or passing through the equipment therein, or the nonstructural aspects Premises promptly after Tenant learns of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same.

Appears in 1 contract

Samples: Office Lease (Cme Group Inc.)

Tenant’s Repairs. Landlord, at Tenant’s expense as provided in Paragraph 6, shall maintain in good repair and condition the parking areas and other common areas of the Building, including, but not limited to driveways, alleys, landscape and grounds surrounding the Premises. Subject to Landlord’s repair obligations obligation in Sections 7.2 Paragraph 10 and 11.1 belowsubject to Paragraphs 9 and 15, Tenant shallTenant, at Tenant’s own its expense, keep the Premisesshall repair, including all improvements, fixtures replace and furnishings therein, maintain in good ordercondition all portions of the Premises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems. Such repair and condition at all times during replacements include capital expenditures and repairs whose benefit may extend beyond the Term; provided that with respect to the heating, ventilation and air conditioning (“HVAC”) systems Landlord shall complete such HVAC capital repairs and such HVAC capital expenditures shall be fully amortized in accordance with the Formula (defined hereafter) and reimbursed to Landlord over the remainder of the Lease Term, which repair obligations without regard to any extension or renewal option not then exercised. The “Formula” shall include, without limitationmean that number, the obligation to promptly numerator of which shall be the number of months of the Lease Term remaining after such HVAC capital expenditures, and adequately repair all damage the denominator of which shall be the amortization period (in months) equal to the Premises useful life of such HVAC repair or replacement multiplied by the cost of such HVAC capital expenditure or repair. Landlord shall pay for such HVAC capital expenditures and replace or repair all damaged or broken fixtures repairs and appurtenances, together with all portions Tenant shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the HVACOperating Expenses. In the event Tenant extends the Lease Term either by way of an option or negotiated extension, electricalsuch reimbursement by Tenant shall continue as provided above until such amortization period has expired. Heating, ventilation and air conditioning systems and other mechanical plumbing, life safety and lab building systems from the point that such systems solely serves exclusively serving the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred shall be maintained at Tenant’s expense pursuant to as the “Premises Systems”)maintenance service contracts entered into by Tenant or, at Landlord’s election, by Landlord, in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond case the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended costs of such contracts entered into by the parties hereto that Landlord shall have no obligationbe included as an Operating Expense. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. At Landlord’s request, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for a joint maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for agreement with any railroad that services the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance proceduresPremises. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if If Tenant fails to make such repairsperform any repair or replacement for which it is responsible, Landlord maymay perform such work and be reimbursed by Tenant within 10 days after demand therefor. Subject to Paragraphs 9 and 15, but need not, make such repairs and replacements, and Tenant shall pay Landlord bear the full cost thereof, including a percentage of any repair or replacement to any part of the cost thereof (to be uniformly established for Building or Project that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samePremises.

Appears in 1 contract

Samples: Lease Agreement (Superconductor Technologies Inc)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 belowSection 13 hereof, Tenant shallTenant, at Tenant’s own its expense, keep shall repair, replace and maintain in good condition all portions of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall includeincluding, without limitation, entries, doors, ceilings, interior windows, interior walls, and the obligation interior side of demising walls. Should Tenant fail to promptly make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 business days of Landlord’s notice, and adequately thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 business days after demand therefor; provided, however, that if such failure by Texxxx xreates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair all or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth contrary contained in this Lease, it as of the Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Laxxxxxx’x written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Upon Texxxx’x written request, Landlord shall cooperate with Tenant to determine the manufacturer’s recommended maintenance procedures with respect to equipment for which Tenant is intended by responsible under this paragraph. Landlord shall, notwithstanding anything to the parties hereto contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Texxxx xs responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have no the right, but not the obligation, in any manner whatsoever, to repair or maintain provide Tenant with written notice thereof and to assume the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or Maintenance Obligations if Tenant does not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). cure Tenant’s maintenance failure within 10 days after receipt of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samenotice.

Appears in 1 contract

Samples: Lease Agreement (RayzeBio, Inc.)

Tenant’s Repairs. Subject to Landlord’s repair obligations Except as expressly provided in Sections 7.2 and 11.1 belowSubparagraph A above, Tenant shall, at Tenant’s own expenseits sole cost, keep and maintain the Premisesentire Premises and every part thereof, including without limitation, the windows, window frames, plate glass, glazing, skylights, truck doors, doors and all improvementsdoor hardware, fixtures the walls and furnishings thereinpartitions, and the electrical, plumbing, lighting, heating, ventilating and air conditioning systems and equipment in good order, repair condition and condition repair. The term "repair' shall include replacements, restorations and/or renewals when necessary as well as painting. Tenant's obligation shall extend to all alterations, additions and improvements to the Premises, and all fixtures and appurtenances therein and thereto. Tenant shall, at all times during the Lease Term, which have in effect a service contract for the maintenance of the heating, ventilating and air conditioning ("HVAC") equipment with an HVAC repair obligations and maintenance contractor approved by Landlord. The HVAC service contract shall includeprovide for periodic inspection and servicing at least once every three (3) months during the term hereof, without limitation, the obligation to promptly and adequately repair Tenant shall provide Landlord with a copy of such contract and all damage periodic service reports. Tenant shall not be responsible for any repairs or maintenance to the Premises necessitated by (i) the negligence or willful misconduct of Landlord or its agents; (ii) the failure of Landlord to perform any of Landlord's obligations under this Lease; or (iii) the occurrence of any damage or destruction or condemnation as provided in Paragraphs 16 and replace or repair all damaged or broken fixtures and appurtenances17, together with all portions respectively, except as otherwise provided in Paragraph 16 below. Should Tenant fail to make repairs required of Tenant hereunder within thirty (30) days after receipt of written notice of the HVACneed thereof from Landlord to Tenant, electricalor if such repairs cannot be made within such thirty (30) day period, mechanical plumbingthen such additional time as may be necessary to make such repairs provided Tenant has commenced such repairs within the thirty (30) day period and is diligently pursuing the repairs to completion, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”)Landlord, in a first-class condition. Tenant’s obligations shall include restorationsaddition to all other remedies available hereunder or by law and without waiving any alternative remedies, replacements or renewalsmay, including capital expenditures for restorationsfollowing written notice to Tenaxx, replacements or renewals which will have an expected life beyond xxke the Termsame, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable lawsthat event, Tenant shall reimburse Landlord as Additional Rent for the reasonable cost 17 of such maintenance or repairs within fifteen (15) days after receipt of written demand from Landlord. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligationmaintenance or repair obligations whatsoever with respect to the Premises except as expressly provided in Paragraphs 10.A, in any manner whatsoever, to repair or maintain 10.C and 11. Tenant hereby expressly waives the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects provisions of Subsection 1 of Section 1932 and Sections 1941 and 1942 of the Premises Systems, Civil Code of California and all of which obligations are intended rights to be make repairs at the expense of Tenant (whether Landlord as provided in Section 1942 of said Civil Code. Landlord shall not be liable for any damages arising from any act or not such repairsneglect of any other tenant, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance if any, of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises Buildings or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameParcel.

Appears in 1 contract

Samples: Sublease Agreement (Ag Associates Inc)

Tenant’s Repairs. Subject to Landlord’s repair 's obligations in Section 10, and subject to Sections 7.2 9 and 11.1 below15, Tenant, at its expense, shall maintain, repair, and replace in good working order all areas, improvements and systems exclusively serving the Premises including floor slab, doors, and Tenant shallHVAC and related components. “Tenant HVAC” means HVAC systems installed by Tenant, specialty HVAC equipment (including IT room HVAC), and warehouse air conditioning systems (other than the Warehouse Systems) including temperature-controlled product systems. In addition, Tenant, at Tenant’s own expense, keep shall repair and replace in good working order the dock doors, dock levelers, and dock bumpers serving the Premises. If Tenant fails to perform any Tenant maintenance, including all improvementsrepair, fixtures or replacement required under this Lease within 30 days from demand, Landlord may perform such work and furnishings therein, in good order, repair Tenant shall reimburse Landlord for such costs within 30 days after demand along with a 5% administrative fee. 12. Tenant-Made Alterations and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage Trade Fixtures. Tenant must obtain Landlord’s written consent for any alterations or improvements made to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment thereinProject by, or the nonstructural aspects of the Premises Systemson behalf of, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term"Tenant-Made Alterations"). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for to ensure that all Tenant-Made Alterations comply with Legal Requirements and are constructed in a good and workmanlike manner by reputable contractors. Tenant shall provide Landlord with the cost names of all interior nonstructural improvements contractors performing work or alterations supplying materials prior to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacementsbeginning construction, and Landlord may post notices of non-responsibility at the Premises. Tenant shall pay Landlord the cost thereofcause its contractor completing Tenant-Made Alterations to provide certificates of insurance for worker's compensation, including a percentage waiver of subrogation in favor of Landlord Parties, and commercial general liability in an amount equal to $2,000,000, including a provision of additional insured status for Landlord Parties. Upon completion of any Tenant-Made Alterations, Tenant shall deliver to Landlord final lien waivers from all contractors and subcontractors which provided services for the Tenant-Made Alterations. Upon surrender of the cost thereof (Premises, Tenant shall remove all Tenant-Made Alterations and any improvements constructed by Tenant, unless Landlord notifies Tenant that they shall remain as Landlord's property. Tenant shall repair any damage resulting from such removal. Upon Tenant's written request, Landlord shall provide Tenant a list of Tenant-Made Alterations Landlord will shall allow to be uniformly established for remain upon the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Expiration Date. Without Landlord’s involvement approval, Tenant may erect shelves, racking, machinery and trade fixtures in the Premises (collectively "Trade Fixtures"), provided such items: (a) do not overload the slab, (b) may be removed without damaging the slab or the Premises, and (c) comply with such repairs and replacements forthwith upon being billed for same.all Legal Requirements. Upon

Appears in 1 contract

Samples: Chardan NexTech Acquisition 2 Corp.

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures fixtures, equipment, window coverings, and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. Tenant’s maintenance, which repair obligations shall and replacement responsibilities herein referred to include, without limitationbut are not limited to, the obligation heating, ventilation, and air conditioning (“HVAC”) equipment and systems (including compressors, fans, air handlers, VAV boxes, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), janitorial service, plumbing and sewage lines and systems (such as water and drain lines, sinks), electrical systems (such as outlets, lighting fixtures, lamps, bulbs, tubes, ballasts, fans, vents, exhaust equipment), ducts, and all interior improvements within the Premises including but not limited to walls and wall coverings, window coverings, ceilings, tile, carpeting, flooring, draperies, shades, window coverings, partitioning, doors (both interior and exterior, including closing mechanisms, latches and locks), entrances, plate glass, glazing and window hardware, skylights (if any), fire detection, extinguisher equipment, fire sprinkler and fire alarm systems in the Premises, and all other interior improvements of any nature whatsoever. Tenant shall keep the sidewalk areas in front of its Premises swept and clean at all times. Tenant also shall maintain and repair any equipment and systems relating to the distribution of HVAC to or within the Premises. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged damaged, broken, or broken worn fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety except for damage caused by ordinary wear and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements tear or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Termreasonable control of Tenant; provided however, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoingthat, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage plus an administrative fee equal to fifteen percent (15%) of the cost thereof (to be uniformly established for the Building) sufficient such costs to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Tenant will at all times maintain the plumbing, gas, steam, sewer, water pipes up to the point at which such pipes and utility systems connect to or within the Premises. Areas of excessive wear caused by Tenant or its employees, contractors or invitees shall be replaced at Tenant’s sole expense upon Lease termination. Landlord shall have the right to review and reasonably approve each contractor or vendor retained by Tenant to perform scheduled maintenance and repairs and, if Landlord in good faith determines that such contractor or vendor is not performing adequate maintenance or repair, Landlord may require that Tenant replace such contractor or vendor with a contractor or vendor reasonably approved by Landlord. Tenant shall regularly, in accordance with commercially reasonable standards, generate and maintain preventive maintenance records relating to the Building Systems and Equipment (“Books and Records”). In addition, within thirty (30) days following Landlord’s written request, Tenant shall make available for Landlord’s review (or at Tenant’s option, deliver to Landlord copies of) all such Books and Records. Within thirty (30) days following Tenant’s receipt of written request from Landlord, Tenant shall make available for Landlord’s review (or at Tenant’s option, deliver to Landlord copies of) any maintenance and repair reports, documents and back-up materials related to the maintenance, repair and other work required to be performed by Tenant, to the extent the same are regularly and customarily generated and maintained by, and in the possession of, Tenant or its management team (collectively, the “M&R Reports”). Tenant’s obligation to deliver Books and Records and M&R Reports shall survive the Expiration Date and the prior termination of this Lease. Without limiting the foregoing, at its sole cost and expense Tenant shall enter into a contract or contracts (each a “Service Contract”) in form and substance reasonably approved by Landlord with qualified, experienced professional third party service companies reasonably approved by Landlord to perform its maintenance and repair of these portions of the Systems and Equipment which require regularly scheduled periodic maintenance, including the HVAC systems (which shall provide for and include, without limitation, replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recalking of jacks and vents on an annual basis), the building fire/life-safety systems, and the electrical and plumbing systems. On an annual basis, Landlord shall have the right to review and approve each contractor or vendor retained by Tenant to perform scheduled maintenance and repairs and, if Landlord reasonably determines that such contractor or vendor is not performing adequate maintenance or repair, Landlord may require that Tenant replace such contractor or vendor with a contractor or vendor reasonably approved by Landlord. The HVAC Service Contract shall provide for the HVAC service provider to maintain and repair when necessary all HVAC equipment which serves the Premises and to keep the same in good condition through regular inspection and servicing at least once every ninety (90) days. Tenant also shall maintain continuously throughout the Term a Service Contract for the washing of all windows in the Premises (both interior and exterior surfaces) with a contractor approved by Landlord, which provides for the periodic washing of all such windows at least once every ninety (90) days and Service Contracts for the inspection, testing and servicing of the life-safety and elevator systems in the Premises, with a contractor reasonably approved by Landlord. Upon Tenant’s request, Tenant shall furnish Landlord with copies of all such Service Contracts. Notwithstanding anything contained herein to the contrary, because this is a short term lease, Tenant shall have no obligation to make any capital repairs or replacements to the Premises (including, without limitation, any replacements or capital repairs to the HVAC or any other Systems and Equipment) and any such capital repairs or replacements necessary during the Term will be made by Landlord and amortized as a capital improvement pursuant to Section 4.2.1(xii).

Appears in 1 contract

Samples: Atlas Crest Investment Corp.

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 belowSection 13 hereof, Tenant shallTenant, at Tenant’s own its expense, keep shall repair, replace and maintain in good condition all portions of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall includeincluding, without limitation, entries, doors, ceilings, interior windows, interior walls, and the obligation interior side of demising walls. Should Tenant fail to promptly make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant written notice of such failure. If Tenant fails to commence cure of such failure within 10 business days of Landlord’s written notice, and adequately thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 15 business days after demand therefor; provided, however, that if such failure by Tenant creates or could reasonably create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair all or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party. Notwithstanding anything to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth contrary contained in this Lease, it is intended by as of the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the PremisesCommencement Date, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which maintenance and repair obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the manufacturers’ recommended operating “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The parties hereby acknowledge and agree that Exhibit G may be amended following the date of this Lease, as reasonably determined by the parties. The Tenant Maintenance Obligations shall include the procurement and maintenance procedures. Such maintenance contracts shall be with reputable contractorsof contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in its sole discretionthe respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, who shall have not less than ten (10) years the scope of experience in maintaining work of any such systems in biotechnical facilities. contracts entered into by Tenant shall be solely responsible pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the cost optimal performance of all interior nonstructural improvements or alterations the applicable equipment. Landlord shall, notwithstanding anything to the Premises contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the Premises Systems part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required by lawto be made to the Project. Notwithstanding anything to the foregoingcontrary contained herein, at Landlord’s option, or if Tenant fails to make such repairsmaintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord mayshall have the right, but need notnot the obligation, make to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations, as part of Operating Expenses, if Tenant does not cure Tenant’s failure within 10 business days after receipt of such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samenotice.

Appears in 1 contract

Samples: Lease Agreement (Adverum Biotechnologies, Inc.)

Tenant’s Repairs. Subject to Landlord’s 's repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems are located in and solely serves the Premises and all portions of all fume hoods and other exhaust systems that are located in and exclusively serve the Premises (all such systems collectively being referred to as the “Premises Systems”), in a first-class conditionthe condition received. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class the order, condition and repair received and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole reasonable discretion, which may require, without limitation, that any third party contractor provide Landlord with evidence of insurance as required by Landlord) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole reasonable discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Upon Landlord's request, Tenant shall provide maintenance reports from any such contractors. Tenant shall be solely responsible for the 879352.05/SD374622-00001/3-28-19/MLT/bp -18- GENESIS SSF - TWO TOWER PLACE[Fluidigm Corporation] cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by lawlaw to the extent required under Article 21. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s 's involvement with such repairs and replacements forthwith upon being billed for same. In addition, Landlord reserves the right, upon notice to Tenant, to procure and maintain any or all of such service contracts, and if Landlord so elects, Tenant shall reimburse Landlord, upon demand, for the costs thereof.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Fluidigm Corp)

Tenant’s Repairs. (a) Subject to Paragraphs 15 and 16 of this Lease, Landlord’s repair 's obligations expressly set forth in Sections 7.2 Paragraph 10 and 11.1 belowLandlord's Construction Warranty (as defined in Exhibit B attached hereto), Tenant shallTenant, at Tenant’s own its sole expense, keep the Premisesshall repair, including all improvements, fixtures replace and furnishings therein, maintain in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair (reasonable wear and tear, damage caused by Landlord or its agents, employees, contractors, subcontractors, representatives, consultants, licensees or invitees [collectively, "Landlord Parties"] excepted) and in compliance with all applicable lawsLegal Requirements and Private Restrictions all portions of the Premises, and all other areas, improvements and systems exclusively serving the Premises including, without limitation, docks, dock equipment and loading areas, truck doors, plumbing, water, sewer lines, from the points of connection with the Building, fire sprinklers and fire protection systems within the Premises from points of connection with the Building, entries, doors, door frames, ceilings, windows, window frames, interior walls, and the interior side of demising walls (if any), and heating, ventilation and air conditioning ("HVAC") systems, and other building and mechanical systems serving the Premises. Except as expressly set forth in Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Lease Term. If, during the last two (2) years of the Lease Term, a capital replacement of an HVAC unit is required (each of the foregoing, an "Capital HVAC Item" and collectively "Capital HVAC Items"), then, (A) provided no Event of Default exists under this Lease, it is intended by (B) Tenant has maintained the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretionservice contract(s) for the Premises Systems HVAC systems pursuant to (i) below, and (C) provided further that such Capital HVAC Items: (I) will have a useful life in excess of the remaining portion of the then applicable Lease Term, and/or (II) were not necessitated by Tenant's failure to properly maintain such systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts manufacturer's recommendations, or Tenant's breach of this Lease or the negligent act or omission of Tenant or any of the Tenant Parties (in which case Tenant shall be responsible therefor at Tenant's sole cost and expense), then Landlord shall purchase and perform such Capital HVAC Item(s) and the cost thereof shall be amortized on a straight line basis (with reputable contractorsinterest) over the useful life thereof, satisfactory and Tenant shall pay such amortized payments to Landlord on the first day of each month together with its Base Rent payments (but without regard to any credit or abatement of Base Rent) through and including the expiration of the Lease Term (as the same may be extended). Notwithstanding anything to the contrary contained herein, Landlord may elect not to complete the Capital HVAC Item(s) (unless such Capital HVAC Item(s) are normal and customary HVAC units serving the northern office portion of the Premises, which normal and customary HVAC units Landlord shall not be permitted to object to replacing provided the other terms and conditions contained in its sole discretion, who this Paragraph 11(a) are satisfied) upon written notice to Tenant (which notice shall have not less be given no later than ten (10) years business days after receipt of experience Tenant's written notice of a Capital HVAC Item) in maintaining which case (1) Landlord shall not be obligated to complete the applicable Capital HVAC Item, (2) notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right, but not the obligation, to replace the applicable Capital HVAC Item at its sole cost and expense; and (3) if Tenant does not elect to complete such replacement pursuant to clause (2), above, then, as Landlord's sole and exclusive remedy, Tenant shall be required to remove any such HVAC units on or before the expiration of the Lease Term. Within ten (10) days of the Commencement Date, Tenant, at Tenant's expense, shall enter into maintenance service contracts for (i) the maintenance and repair of the heating, ventilation and air conditioning systems and other mechanical and building systems serving the Premises, and (ii) Tenant's trash collection, sweeping and removal; provided, however, in biotechnical facilitiesthe event that Tenant fails to enter into such service contracts and/or to properly maintain and/or perform the foregoing in accordance with the terms and conditions contained in this Lease, then at Landlord's written election (but at Tenant's expense) after written notice to Tenant and Tenant's failure to cure the same within fifteen (15) days after Tenant's receipt of such written notice, Landlord shall have the right (but not the obligation) to enter into such maintenance service contracts. Landlord may request a list of vendors providing services under the aforementioned maintenance contractors together with the scope of such services and if Landlord provides Tenant with written notice that it reasonably objects to any of the listed vendors, then Tenant shall replace such vendor within a reasonable period of time. Without limiting any of the foregoing, Tenant, at Tenant's sole cost and expense, shall store all trash and other solid waste within the Premises or in such areas as may be reasonably designated by Landlord for such storage. Tenant shall be solely responsible for the cost of all interior nonstructural improvements not burn any trash or alterations to garbage at any time in or about the Premises or and/or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameProject.

Appears in 1 contract

Samples: Lease Agreement (Allogene Therapeutics, Inc.)

Tenant’s Repairs. Subject to Landlord’s repair obligations Section 13 hereof (and except as otherwise expressly set forth in Sections 7.2 the fourth full paragraph of Section 2(a) of this Lease and 11.1 belowthe fourth full paragraph of Section 2(b) of this Lease), Tenant shallTenant, at Tenant’s own its expense, keep shall repair, replace and maintain in good condition all portions of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall includeincluding, without limitation, entries, doors, ceilings, interior windows, interior walls, and the obligation interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to promptly make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and adequately thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair all or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party. Notwithstanding anything to the contrary contained in this Lease, as of the Commencement Date with respect to the Initial Premises and as of the Subsequent Premises Commencement Date with respect to the balance of the Project, the maintenance and repair obligations for the Premises and replace or repair all damaged or broken fixtures the Project shall be allocated between Landlord and appurtenancesTenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, together in form and substance reasonably satisfactory to Landlord, with all portions copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the HVACapplicable equipment. Landlord shall, electricalnotwithstanding anything to the contrary contained in this Lease, mechanical plumbinghave no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, life safety and lab systems Landlord shall continue, as part of Operating Expenses (except as otherwise expressly excluded from the point that such systems solely serves the Premises Operating Expenses pursuant to Section 5 and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to except as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as otherwise expressly set forth in the fourth full paragraph of Section 2(a) of this Lease and the fourth full paragraph of Section 2(b) of this Lease), it to be responsible as provided in Section 13 for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Project for which Tenant is intended by responsible as part of the parties hereto that Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease (each, a “Maintenance Obligation Failure”), Landlord shall have no the right, but not the obligation, in any manner whatsoever, to provide Tenant with written notice thereof. If Tenant does not cure such Maintenance Obligation Failure within 10 business days (unless the nature of such repair or maintenance is such that longer than 10 business days is reasonably required to cure, in which case Tenant shall have additional time so long as Tenant is diligently pursuing such cure) of Landlord’s written notice, Landlord shall provide to Tenant with a second written notice stating that Tenant’s failure to cure its Maintenance Obligation Failure within 5 days after Tenant’s receipt of the second notice may result in Landlord assuming the maintenance obligation with respect to which the Maintenance Obligation Failure exists. Landlord and Tenant acknowledge and agree that (a) the administrative rent of 1% of Base Rent provided for in Section 5 assumes Tenant continues to maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects portions of the Premises SystemsProject for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease as provided in this Section 14, and (b) if at any time during the Term, Landlord assumes any or all of which obligations are intended the Tenant Maintenance Obligations as provided for in the immediately preceding sentence, then such administrative rent shall be increased to be the expense 3% of Base Rent. If Landlord has assumed any of Tenant (whether Maintenance Obligations pursuant to the terms of this paragraph, either Landlord or not such repairsTenant may elect, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have upon not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations 30 days written notice to the Premises or other, to have Landlord assume the Premises Systems required by law. Notwithstanding balance of the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, Maintenance Obligations and Tenant shall pay Landlord the cost thereof, including a percentage not be required to perform any of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with Tenant Maintenance Obligations following such repairs and replacements forthwith upon being billed for samedate.

Appears in 1 contract

Samples: Lease Agreement (Mirati Therapeutics, Inc.)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, The Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition shall at all times during the Lease Term, which repair obligations shall includeat its own cost and expense, without limitationrepair, maintain, operate and keep the obligation to promptly Leased Premises, all equipment, fixtures and adequately repair all damage mechanical systems (including heating, ventilating and air-conditioning systems) within the Leased Premises or elsewhere (if such equipment, fixtures or systems are provided for the use or benefit of the Leased Premises) and any improvements now or hereafter made to the Leased Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class good order, firstclass condition and repair (reasonable wear and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by tear and repairs which are the parties hereto that Landlord shall have no obligation, in any manner whatsoever, Landlord's responsibility pursuant to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretionArticle 5.06 hereof only excepted) for the Premises Systems in accordance with the manufacturers’ recommended operating statutory building scheme registered against title to the Lands and maintenance procedures. Such maintenance contracts without limiting the generality of the foregoing, the Tenant shall, during the Term, cause such good management and care to be taken of the Leased Premises and various parts thereof that no injury to the same shall occur and all water closets, sinks, heating and air-conditioning and ventilating apparatus located in the Leased Premises shall be with reputable contractors, satisfactory to Landlord maintained in its sole discretion, who shall have not less than ten (10) years a state of experience in maintaining such systems in biotechnical facilitiesefficient and good working order. The Tenant shall be solely responsible for all such maintenance, repairs, replacements and shall promptly with due diligence, at its sole expense, carry out any and all of the foregoing. The Tenant, at its option, shall be responsible for all janitorial services respecting the Leased Premises (including the washing of windows therein, both inside and outside) so as to keep the Leased Premises in a clean and tidy condition. In the event the Tenant is responsible for all janitorial services respecting the Leased Premises, the Building Operation and Maintenance Costs for the Leased Premises will be reduced by the equivalent cost of all interior nonstructural improvements or alterations the Landlord providing standard janitorial services to the Premises or Leased Premises. Notwithstanding, all modifications to the Premises Systems required by lawLeased Premises, following the initial installation, are to the Tenant's account and are subject to the Landlord's prior written approval. It is understood that the Landlord's contractor shall be utilized for all changes to the mechanical, electrical and life safety systems. All design and consultant's fees and permits are to the Tenant's account. Landlord will use reasonable efforts to ensure that its contractor's costs are competitive, having regard to the unique nature of the Building and the Development. Notwithstanding the foregoingforegoing provisions of this Section 5.01, at Landlord’s optionif the Building is primarily used for office purposes, the task of repairing, maintaining and operating the heating, ventilating and air-conditioning systems and other building standard equipment and mechanical systems within or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant serving the Leased Premises shall pay Landlord be the cost thereof, including a percentage responsibility of the cost thereof Landlord (save only to be uniformly established the extent that any such equipment or systems are installed by or for the Buildingsole use of the Tenant) sufficient to reimburse Landlord for all overheadand the costs thereof shall form part of the HVAC Costs or Building Operation and Maintenance Costs, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameas the case may be hereunder.

Appears in 1 contract

Samples: Agreement (Accpac International Inc)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections Section 7.2 below, and 11.1 except for any damage by casualty which is not Tenant’s obligation to repair pursuant to Article 11 below, Tenant shall, at Tenant’s own expense, and with contractors reasonably acceptable to Landlord and subject to Tenant’s compliance with the following provisions of this Section 7.1 and the provisions of Section 8.2 below, keep the PremisesBuilding and every part thereof, including including, without limitation, all tenant improvements, Alterations, additions, equipment, restrooms, fixtures and furnishings thereintherein (including all of the Building’s Systems and Equipment located within the Building and the HVAC equipment on the roof of the Building), all walls and wall coverings, doors, windows, glass, plate glass, ceilings, and skylights, in good first-class order, repair and condition at all times during from and after the Original Premises Delivery Date and continuing throughout the Lease Term, it being acknowledged and agreed that notwithstanding anything in the foregoing to the contrary, Tenant’s repair and maintenance obligations described hereinabove with respect to the interior of the Must-Take Space and the Building’s Systems and Equipment exclusively serving the Must-Take Space shall not commence until the Must-Take Space Delivery Date (unless and to the extent such maintenance and repairs are necessitated in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, employees or invitees, in which event Tenant shall pay to Landlord as additional rent, the reasonable cost of such maintenance and repairs); provided, however, if and to the extent such maintenance and repairs are caused by the negligence or willful misconduct of, or omission of any duty by, Landlord, its agents, employees or contractors and the same is not covered by insurance maintained or required to be maintained by Tenant under this Lease, Landlord shall pay to Tenant the reasonable cost of such maintenance and repairs within thirty (30) days after Landlord’s receipt of invoices and paid receipts therefor. Tenant’s repair obligations under this Section 7.1 shall include, without limitation, replacement of items as may be necessary to keep same in the condition required hereinabove, notwithstanding that such replacements may be considered capital expenditures in accordance with accounting practices, and shall also include repairs of items above the ceiling, repairs of items below the floors (but not the floor slabs), and/or repairs of items within walls, such as, but not limited to, all plumbing and pipes for restrooms, the equipment providing distribution within the Building of the HVAC from the HVAC equipment on the roof, and the equipment providing distribution within the Building of all electricity and all other utilities required for the Premises (including all electrical panels in equipment rooms or elsewhere within the Building). Tenant shall be required to obtain Landlord’s prior written approval (which approval shall not be unreasonably withheld or conditioned, and shall be granted or reasonably denied within ten (10) business days after Landlord’s receipt of Tenant’s request for such approval, together with all other information reasonably requested by Landlord pertaining thereto) with respect to repairs and/or replacements which are likely to: (i) adversely affect the roof, the HVAC equipment thereon and/or the elevators; (ii) adversely affect of any of the structural components of the Building; (iii) materially and adversely affect of any of the Building’s Systems and Equipment; (iv) affect the exterior of the Building or any portion of the Project located outside of the Building, or can be seen from outside the Building; and/or (v) affect the Must-Take Space prior to the Must-Take Space Delivery Date (any of such items set forth in clauses (i) through (v) hereinabove shall sometimes be referred to as the “Landlord Approval Items”). Tenant’s repair obligations set forth hereinabove shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises Building and replace or repair all damaged or broken fixtures and appurtenancesappurtenances (subject, together with all portions however, to the provisions of Article 11 below regarding casualty damage to the Building). If (A) Landlord provides written notice to Tenant of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. need for repairs and/or maintenance which are Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary obligation to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in perform under this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant and (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretionB) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make undertake such repairsrepairs and/or maintenance within thirty (30) days after receipt of such notice, Landlord may, but need not, make or such longer time as is reasonably necessary if more than thirty (30) days are reasonably required to complete such repairs and replacementsTenant commences such repairs within such 30-day period and thereafter diligently attempts to complete same (provided that in cases of emergency involving imminent threat of serious injury or damage to persons or property at the Premises and/or Project, Tenant shall have only one (1) business day after receipt of such notice, or such later period of time as is reasonably necessary, to commence such corrective action), then Landlord may proceed to undertake such repairs and/or maintenance upon delivery of an additional three (3) business days’ notice to Tenant that Landlord is taking such required action (but no such additional notice shall be required in the event of any such emergency involving imminent threat of serious injury or damage to persons or property at the Premises and/or Project). If such repairs and/or maintenance were required under the terms of this Lease to be performed by Tenant and are not performed by Tenant prior to the expiration of such additional 3-business day notice period (or after the initial notice period with respect to any such emergency involving imminent threat of serious injury or damage to persons or property at the Premises and/or Project), then Landlord shall be entitled to reimbursement by Tenant of Landlord’s actual, reasonable, and documented out-of-pocket costs and expenses paid by Landlord to third parties in performing such maintenance and/or repairs, such reimbursement to be made within thirty (30) days after Tenant’s receipt of invoice from Landlord setting forth such costs and expenses. Tenant shall, at its own cost and expense, enter into regularly scheduled preventive maintenance/service contracts with maintenance contractors approved by Landlord, in Landlord’s reasonable discretion, for the maintenance and service of all of the items listed in this Section 7.1 above which Tenant is obligated to maintain. Within five (5) days after Tenant’s receipt of written request therefor, Tenant shall pay deliver to Landlord full and complete copies of all such contracts entered into by Tenant. Landlord hereby assigns to Tenant all warranties and guarantees, if any, in existence with respect to the items which are Tenant’s obligation to repair and maintain under this Section 7.1, which assignment shall be on a non-exclusive basis such that the warranties and guarantees may be enforced by Tenant and/or Landlord. Landlord shall, at no cost thereofto Landlord, including a percentage of the cost thereof (reasonably cooperate with Tenant in attempting to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with enforce any such repairs and replacements forthwith upon being billed for samewarranties and/or guaranties.

Appears in 1 contract

Samples: Escrow Agreement (Polycom Inc)

Tenant’s Repairs. Landlord, at Tenant’s expense as provided in Paragraph 6, shall maintain in good repair and condition the parking areas and other areas of the Building, including, but not limited to driveways, alleys, landscape and grounds surrounding the Premises. Subject to Landlord’s repair obligations obligation in Sections 7.2 Paragraph 10 and 11.1 belowsubject to Paragraphs 9 and 15, Tenant shallTenant, at Tenant’s own its expense, keep the Premisesshall repair, including all improvements, fixtures replace and furnishings therein, maintain in good ordercondition all portions of the Premises and all areas, repair improvements and condition at all times during systems exclusively serving the Lease Term, which repair obligations shall includePremises including, without limitation, the obligation to promptly dock and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenancesloading areas, together with all portions of the HVACtruck doors, electrical, mechanical plumbing, life safety water and lab systems from sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, windows, interior walls, and the point that such systems solely serves the Premises interior side of demising walls, and all portions of all fume hoods heating, ventilation and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class conditionair conditioning systems. Tenant’s obligations shall Such repair and replacements include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life and repairs whose benefit may extend beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof such capital expenditures and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord repairs shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems fully amortized in accordance with the manufacturers’ recommended operating Formula (defined hereafter) over the remainder of the Lease term, without regard to any extension or renewal option not then exercised. The “Formula” shall mean that number, the numerator of which shall be the number of months of the Lease term remaining after the replacement of any such capital expenditures, and the denominator of which shall be the lesser of the maximum amortization period (in months) allowable for determining depreciation of such capital expenditures for federal income tax purposes or ten (10) years. Landlord shall pay for such capital expenditures and repairs and Tenant shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the Operating Expenses. Heating, ventilation and air conditioning systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance proceduresservice contracts entered into by Tenant. Such The scope of services and contractors under such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilitiesreasonably approved by Landlord. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if If Tenant fails to make such repairsperform any repair or replacement for which it is responsible, Landlord maymay after notice and the expiration of the cure period in Paragraph 23(vii) perform such work and be reimbursed by Tenant within 30 days after demand therefor. Subject to Paragraphs 9 and 15, but need not, make such repairs and replacements, and Tenant shall pay Landlord bear the full reasonable cost thereof, including a percentage of any repair or replacement to any part of the cost thereof (to be uniformly established for Building or Project that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samePremises.

Appears in 1 contract

Samples: Lease Agreement (Restoration Hardware Inc)

Tenant’s Repairs. Commencing on the Commencement Date, Tenant shall maintain the Premises in good condition and shall be responsible for all repairs and replacements required to be made to the Premises or any portion thereof. It is the intention of the parties that, following the Commencement Date, all development and construction on and to the Premises and all maintenance, repair and other work with respect thereto required hereunder shall be Tenant’s sole responsibility and Landlord shall have no obligation or liability with respect thereto. Subject to Landlord’s repair obligations the rights of the Tenant to terminate the Lease as provided in Sections 7.2 Article IX and 11.1 belowArticle X of this Lease, Tenant shall, at Tenant’s own its sole cost and expense, keep promptly make all necessary repairs and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall includeincluding, without limitation, the obligation to promptly entire interior and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions exterior of the HVACImprovements, electricalthe roof, mechanical plumbingthe foundations, life safety sidewalks, parking areas, railroad tracks, water, sewer, gas and lab systems from the point that such systems solely serves the Premises electricity connections, pipes, mains and all portions other fixtures, machinery, apparatus, equipment and appurtenances now or hereafter belonging to, connected with or used in conjunction with the Premises. All such repairs and replacements shall be of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class conditionquality and sufficient for the proper maintenance and operation of the Premises. Tenant’s obligations Tenant shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, including the improvements located therein or the equipment thereinImprovements and all sidewalks, or the nonstructural aspects parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of the Premises Systemslimitation, all snow and ice clearance, landscaping and removal of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term)waste and refuse matter. Tenant’s maintenance of the Premises Systems , at its own cost and expense, shall promptly comply with the manufacturers’ recommended operating any and maintenance procedures. Tenant shall enter into all Requirements now or hereafter affecting and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations applicable to the Premises or any part thereof. Landlord shall not be required to furnish any services or facilities whatsoever to the Premises. Tenant hereby assumes full and sole responsibility for condition, operation, repair, alteration, improvement, replacement, maintenance and management of the Premises. The foregoing obligation of Tenant shall include making, at its expense, any modifications required to make the Premises Systems required by law. Notwithstanding comply with the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same.

Appears in 1 contract

Samples: Triple Net Lease Agreement (American Realty Capital Properties, Inc.)

Tenant’s Repairs. Subject SECTION 6. Tenant shall make all repairs and alterations to Landlord’s repair obligations the property which Tenant is required to maintain, as hereinafter set forth, which may be necessary to maintain the same in Sections 7.2 and 11.1 below, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, in as good order, repair and condition at as the same are in on the date of the term of this lease commences or which may be required by any laws, ordinances or regulations of any public authorities having jurisdiction,reasonable wear and tear and damage by the casualties and events described in Section 9 of this lease excepted. Upon the expiration or other termination of the term of this lease, Tenant shall remove its goods and effects and those of all times during persons claiming under it and shall yield up peaceably to Landlord the Lease Termdemised premises with so much of the same as Tenant is obligated to maintain pursuant to the provisions of this Section 6 in as good repair and condition as the same were in on the commencement date, reasonable wear and tear and damage by the casualties and events described in Section 9 of this lease excepted. However, notwithstanding anything in this lease contained to the contrary, Landlord, not Tenant, shall make all repairs and alterations to the property which repair obligations shall includeTenant is required to maintain which may be required as the result of repairs, alterations, other improvements or installations made by Landlord or Landlord's agents. The property which Tenant is required to maintain is the interior of the demised premises, including, without limitation, the obligation to promptly all glass, windows and adequately repair doors, and all damage to the Premises and replace or repair all damaged or broken utilities conduits, fixtures and appurtenancesequipment within the demised premises serving the demised premises exclusively, together with but excluding all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred property which Landlord is required to maintain as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance proceduresbelow provided. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) also be responsible for the Premises Systems maintenance and repair of the heating, ventilating and air conditioning systems used in accordance with the manufacturers’ recommended operating and maintenance proceduresdemised premises including replacement of the same if deemed necessary in the Tenant's opinion. Such maintenance contracts shall be with reputable contractorsIn addition, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for maintaining the cost of all interior nonstructural improvements or alterations to sprinkler system inside the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samedemised premises.

Appears in 1 contract

Samples: Lease Agreement (Basic Us Reit Inc)

Tenant’s Repairs. Subject to Landlord’s 's repair obligations set forth in Sections 7.2 and 11.1 belowSection 7.1 above, Tenant shall, at Tenant’s 's own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures fixtures, equipment (including without limitation the Supplemental Equipment) and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, which repair obligations shall includeTenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitationlimitation Article 8 hereof, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged damaged, broken, or broken worn fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety except for damage caused by ordinary wear and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements tear or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Termreasonable control of Tenant; provided however, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoingthat, at Landlord’s 's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the BuildingBuilding and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s 's involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire 14 21 or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree, provided that Landlord shall use commercially reasonable efforts to ensure that any such repairs, alterations or improvements do not materially interfere with or unreasonably disrupt Tenant's use and occupancy of the Premises.

Appears in 1 contract

Samples: Office Lease (Universal Access Inc)

Tenant’s Repairs. Subject Tenant shall, at its sole cost and expense, keep and maintain all parts of the Premises (except those listed as Landlord's responsibility in section 10 above) in good and sanitary condition, promptly making all necessary repairs and replacements, including but not limited to, windows, glass and plate glass, doors, skylights, any special store front or office entry, interior walls and finish work, floors and floor coverings, roofs, sidewalks, roadways, parking areas, exterior lighting, fences, retaining or similar walls, landscaping, sprinkler systems, gutters, curbs, trash enclosures, signs, gates, parking lot striping, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, electrical systems, lighting facilities and bulbs, sprinkler systems, fire detection systems, termite and pest extermination, and regular removal of trash and debris. Unless Landlord has elected in writing to Landlord’s repair obligations in Sections 7.2 and 11.1 belowbe responsible for the Aesthetic Maintenance, Tenant shall, at Tenant’s own 's sole expense, keep be responsible for the Aesthetic Maintenance. Tenant shall notify Landlord in writing prior to making any repair or performing any maintenance pursuant to this section, and Landlord shall have the right to designate the contractor Tenant shall use to make any repair or to perform any maintenance on the roof, heating, ventilation and air conditioning systems ("HVAC"), plumbing systems, electrical systems or fire detection systems located at the Premises; provided, including all improvements, fixtures and furnishings thereinhowever, in good orderthe case of an emergency, Tenant may make a repair without notifying Landlord if Tenant notifies Landlord as soon as is reasonably possible after making the repair and condition otherwise complies with the terms and conditions of this Lease. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventative maintenance/service contract with a maintenance contractor for all times during hot water, HVAC systems and the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions roof of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions equipment within the Premises. The maintenance contractor and the contract must be approved by Landlord and, at Landlord's election, Landlord may designate the maintenance contractor, provided the charges of Landlord's maintenance contractor are commercially reasonable and Landlord's maintenance contractor provides competent and timely service. The service contract must include all fume hoods services suggested by the equipment manufacturer within the operation/maintenance manual and other exhaust systems must become effective (all such systems collectively being referred and a copy thereof delivered to as Landlord) within thirty (30) days after the “Premises Systems”), in a first-class conditiondate Tenant takes possession of the Premises. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary If Tenant fails to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, good condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairsrepair, Landlord may, but need notshall not be obligated to, make any necessary repairs. upon ten (10) days' advance written notice to Tenant. If Landlord makes such repairs, Landlord may xxxx Tenant for the cost of the repairs and replacementsas additional rent, and said additional rent shall be payable by Tenant within ten (10) days after demand by Landlord. Landlord shall have the right, but not the obligation, to assume responsibility for maintaining any landscaping or maintenance contracts (including, but not limited to, the maintenance of the HVAC and roof of the Premises), in which event Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from the cost of such maintenance within ten (10) days after written demand by Landlord’s involvement with such repairs and replacements forthwith upon being billed for same.

Appears in 1 contract

Samples: Homegrocer Com Inc

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 During the Term and 11.1 belowany Term Extension, Tenant shall, at Tenant’s own expense, shall keep all components of the Premises, including all improvements, fixtures Premises and furnishings therein, the Project in good order, condition, and repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage (to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions extent the need for such repairs occurs as a result of Tenant's use of the HVACportion of the Premises or Project requiring repairs), electricalreasonable wear and tear and Construction Defects excluded, mechanical including, but not limited to, all equipment or facilities, such as plumbing, life safety heating, ventilation, and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems air-conditioning (all such systems collectively being referred to as the “Premises Systems”"HVAC"), in a first-class conditionelectrical and lighting facilities, boilers, pressure vessels, fire protection systems, fixtures, exterior and interior walls, foundations, ceilings, roofs, floors, windows, doors, plate glass, landscaping and irrigation systems, driveways and parking areas, fences, retaining walls, signs, and sidewalks ("Building Systems"). Tenant’s 's obligations shall include restorations, replacements or renewalsreplacements, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond when necessary. During the TermTerm and any Term Extension, Tenant also shall keep the exterior appearance of the Building and the Greenhouse in a condition consistent with the exterior appearance of other substantially similar facilities of comparable age and size ("Similar Facilities") located within the area commonly known as the "I-40/RTP sub-market' (the "Sub-Market"), including, when necessary to keep necessary, the exterior sealing, resealing, or repainting of the Building and/or the Greenhouse. Tenant, in keeping the Premises and all improvements thereon or a part thereof the Project in good order, condition, and repair, shall exercise and perform good maintenance practices, specifically including the procurement and maintenance of service contracts, with copies to Landlord, in customary form and substance for, and with contractors specializing and experienced in the maintenance of, the following Building Systems (the "Service Contracts"): (i) HVAC, (ii) boilers and pressure vessels, (iii) fire protection systems, (iv) landscaping and irrigation systems, (v) roof covering and drains, (vi) driveways and parking areas, (vii) basic Utilities feeds to the perimeter of the Building and the Premises Greenhouse, and (viii) any other Building Systems in first-class order, condition reasonably required by Landlord. Tenant's obligations under this Section shall be at Tenant's sole cost and repair and in compliance with all applicable lawsexpense. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, If Tenant fails to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects any portion of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems Project as required by law. Notwithstanding the foregoing, at Landlord’s option, under this Section within 15 days after Landlord gives Tenant written demand to so repair or if Tenant fails to make such repairsmaintain, Landlord may, but need not, make may perform such repairs work and replacements, the reasonable and Tenant shall pay Landlord the cost thereof, including a percentage of the necessary cost thereof (shall be payable to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs on demand as Additional Rent or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameincludable by Landlord as an Operating Expense.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Paradigm Genetics Inc)

Tenant’s Repairs. Subject Except for the one-year guaranty against defective materials and workmanship provided for in Section 2.4, the completion of incomplete items provided for in Section 2.5 and the performance of Landlord's obligations under Section 8.2, and subject to Landlord’s repair obligations in Sections 7.2 Section 13 and 11.1 belowSection 14, Tenant shallagrees, at its sole cost, to maintain the Premises, all parts thereof, all loading docks contiguous thereto and all Tenant’s own expense's signs in good order, condition and repair, ordinary wear and tear excepted, including keeping the inside of all glass in doors and windows of the Premises clean, promptly replacing any broken door or door closers and any cracked or broken glass with glass of like kind and quality. Tenant, at its sole cost, shall also: keep any garbage removed on a regular basis and temporarily stored in the Premises or in exterior dumpsters approved by Landlord; maintain, repair, and replace the mechanical systems (including HVAC) and all utility lines serving the Premises, including those beneath the slab and within the exterior or demising walls; keep all improvements, fixtures mechanical apparatus free of vibration and furnishings therein, in good order, noise which may be transmitted beyond the Premises; and maintain a contract with a licensed and bonded mechanical contractor reasonably acceptable to Landlord for the repair and condition at all times during maintenance of the Lease Termheating, which repair obligations shall include, without limitationventilating and air conditioning equipment serving the Premises in accordance with the recommendations of manufacturers and suppliers. When used in this Section 8, the obligation to promptly term "repair" shall include making all necessary replacements, renewals, alterations and adequately repair all damage additions. All repairs shall be at least equal in quality to the Premises original work and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), shall be made by Tenant in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance accordance with all applicable laws, ordinances and regulations. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if If Tenant fails to make such repairsperform any of its obligations under this Section 8.1 within the cure period specified in Section 11.2, Landlord may, but need notin addition to exercising any other remedies provided herein, make perform such repairs and replacements, and Tenant shall pay or maintenance. Any sums expended by Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with in performing such repairs or maintenance shall be due and replacements forthwith upon being billed payable, together with interest thereon at the Agreed Rate from the date of expenditure by Landlord to the date of repayment by Tenant, within 10 days after Tenant's receipt of Landlord's written request for samereimbursement, which request shall be accompanied by reasonable evidence of such costs.

Appears in 1 contract

Samples: Net Lease Agreement (Apex Pc Solutions Inc)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 Section 8(b) below, and 11.1 except for any damage by casualty which is not Tenant’s obligation to repair pursuant to Paragraph 10 below, Tenant shall, at Tenant’s own expense, and with contractors reasonably acceptable to Landlord and subject to Tenant’s compliance with the following provisions of this Paragraph 8(a) and the provisions of Paragraph 8(c) below, keep the PremisesBuilding and every part thereof (except those portions of the Building which are Landlord’s obligation to maintain pursuant to Paragraph 8(b) below), including including, without limitation, all tenant improvements, alterations, additions, equipment, restrooms, fixtures and furnishings thereintherein (including all of the Building’s systems and equipment located within the Building, but excluding the existing fire/life safety systems and equipment located in the Building, the existing HVAC equipment on the roof of the Building and the equipment providing distribution within the Building of the HVAC from such existing HVAC equipment, all of which shall be the responsibility of Landlord in accordance with Section 8(b) below), all interior walls and wall coverings, doors, windows, glass, plate glass, ceilings, and skylights, in good first-class order, repair and condition at all times during throughout the Lease Second Expansion Space Term, which . Such repair obligations shall include, without limitation, replacement of items as may be necessary to keep same in the condition required hereinabove, notwithstanding that such replacements may be considered capital expenditures in accordance with accounting practices, and shall also include repairs of items above the ceiling, repairs of items below the floors (but not the floor slabs), and/or repairs of items within walls, such as, but not limited to, all plumbing and pipes for restrooms, and the equipment providing distribution within the Building of all electricity and all other utilities required for the Premises (including all electrical panels in equipment rooms or elsewhere within the Building). Landlord shall have approval rights with respect to repairs and/or replacements which: (i) may affect the roof and/or the HVAC equipment thereon; (ii) may affect or consist of any of the structural components of the Building; (iii) which may adversely affect or consist of any of the Building’s systems and equipment; (iv) which may affect the exterior of the Building or any portion of the Project located outside of the Building, or can be seen from outside the Building; and/or (v) which may change the character of the Building as a first class office/R&D building (any of such items set forth in clauses (i) through (v) hereinabove shall sometimes be referred to as the “Landlord’s Approval Items”). Tenant’s repair obligations set forth hereinabove shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises Building and replace or repair all damaged or broken fixtures and appurtenancesappurtenances (subject, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoeverhowever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects provisions of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations Paragraph 10 below regarding casualty damage to the Premises or the Premises Systems required by law. Notwithstanding the foregoingBuilding); provided however, that, at Landlord’s option, or if Tenant fails to make commence such repairsrepairs within ten (10) business days and thereafter diligently pursue such repairs to completion, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof ten percent (to be uniformly established for the Building10%) administration fee sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Tenant shall, at its own cost and expense, enter into regularly scheduled preventive maintenance/service contracts (and with maintenance contractors) reasonably approved by Landlord for the maintenance and service of all of the items listed above in this Paragraph 8(a) which Tenant is obligated to maintain. Tenant shall deliver to Landlord full and complete copies of all such contracts entered into by Tenant prior to entering into same.

Appears in 1 contract

Samples: Village Industrial Gross Lease (Celera CORP)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 During the Term and 11.1 belowany Term Extension, Tenant shall, at Tenant’s own expense, shall keep all components of the Premises, including all improvements, fixtures Premises and furnishings therein, the Project in good order, condition, and repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage (to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions extent the need for such repairs occurs as a result of Tenant's use of the HVACportion of the Premises or Project requiring repairs), electricalreasonable wear and tear and Construction Defects excluded, mechanical including, but not limited to, all equipment or facilities, such as plumbing, life safety heating, ventilation, and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems air-conditioning (all such systems collectively being referred to as the “Premises Systems”"HVAC"), in a first-class conditionelectrical and lighting facilities, boilers, pressure vessels, fire protection systems, fixtures, exterior and interior walls, foundations, ceilings, roofs, floors, windows, doors, plate glass, landscaping and irrigation systems, driveways and parking areas, fences, retaining walls, signs, and sidewalks ("BUILDING SYSTEMS"). Tenant’s 's obligations shall include restorations, replacements or renewalsreplacements, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond when necessary. During the TermTerm and any Term Extension, Tenant also shall keep the exterior appearance of the Building in a condition consistent with the exterior appearance of other substantially similar facilities of comparable age and size ("SIMILAR FACILITIES") located within the area commonly known as the "I-40/RTP sub-market' (the "SUB-MARKET"), including, when necessary to keep necessary, the exterior sealing, resealing, or repainting of the Building. Tenant, in keeping the Premises and all improvements thereon or a part thereof and the Premises Systems Project in first-class good order, condition condition, and repair repair, shall exercise and in compliance perform good maintenance practices, specifically including the procurement and maintenance of service contracts, with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligationcopies to Landlord, in customary form and substance for, and with contractors specializing and experienced in the maintenance of, the following Building Systems (the "SERVICE CONTRACTS"): (i) HVAC, (ii) boilers and pressure vessels, (iii) fire protection systems, (iv) landscaping and irrigation systems, (v) roof covering and drains, (vi) driveways and parking areas, (vii) basic Utilities feeds to the perimeter of the Building, and (viii) any manner whatsoever, other Building Systems reasonably required by Landlord. Tenant's obligations under this Section shall be at Tenant's sole cost and expense. If Tenant fails to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects any portion of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems Project as required by law. Notwithstanding the foregoing, at Landlord’s option, under this Section within 15 days after Landlord gives Tenant written demand to so repair or if Tenant fails to make such repairsmaintain, Landlord may, but need not, make may perform such repairs work and replacements, the reasonable and Tenant shall pay Landlord the cost thereof, including a percentage of the necessary cost thereof (shall be payable to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs on demand as Additional Rent or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameincludable by Landlord as an Operating Expense.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Paradigm Genetics Inc)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at Tenant’s own expense, keep the non-structural, interior portions of the Premises, including all improvements, fixtures and furnishings thereinfurnishings, in good order, repair and condition at all times during the Lease TermTerm (but such obligation shall not extend to the Building Structure and the Building Systems, which except pursuant to the BS/BS Exception (as all such terms are defined in Section 7.2, below)). In addition, except as provided as part of Landlord’s repair obligations shall includeobligation set forth above or elsewhere in this Lease, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including, without limitation, the obligation to Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged damaged, broken, or broken worn fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety except for damage caused by ordinary wear and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements tear or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense reasonable control of Tenant (whether or but such obligation shall not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations extend to the Premises or Building Structure and the Premises Systems required by law. Notwithstanding Building Systems, except pursuant to the foregoingBS/BS Exception); provided however, that, at Landlord’s option, or but only if Tenant fails to make such repairsrepairs and replacements, Landlord may, but need not, make such repairs and replacementsreplacements within thirty (30) days after notice thereof from Landlord (or such sooner period in the case of an emergency), and Tenant shall pay Landlord the cost thereof, including sufficient to reimburse Landlord for all the actual costs thereof, as well as a percentage of the cost actual costs thereof (to be uniformly established for the Building, but in no event to exceed five percent (5%)) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements replacements, to the extent not duplicative of Operating Expenses or Utilities Costs and to the extent the work is not performed by people whose salaries are paid out of Operating Expenses or Utilities Costs, forthwith upon being billed for same.

Appears in 1 contract

Samples: Office Lease (Legalzoom Com Inc)

Tenant’s Repairs. Landlord, at Tenant's expense as provided in Paragraph 6, shall maintain in good repair and condition the parking areas and other common areas of the Building, including, but not limited to driveways, alleys, landscape and grounds surrounding the Premises. Subject to Landlord’s repair obligations 's obligation in Sections 7.2 Paragraph 10 and 11.1 belowsubject to Paragraphs 9 and 15, Tenant shallTenant, at Tenant’s own its expense, keep the Premisesshall repair, including all improvements, fixtures replace and furnishings therein, maintain in good ordercondition all portions of the Premises and all areas, repair improvements and condition at all times during systems exclusively serving the Lease Term, which repair obligations shall includePremises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings and roof membrane, windows, interior walls, and the obligation interior side of demising walls, and heating, ventilation and air conditioning systems. In this regard, Landlord agrees to promptly assign to Tenant or otherwise make available to Tenant all construction guaranties and adequately repair all damage warranties issued in favor of Landlord relative to any Building components or systems which are maintained by Tenant under the terms hereof. Heating, ventilation and air conditioning systems and other mechanical and building systems serving the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant or, at Landlord's election, by Landlord. The scope of services and replace or repair all damaged or broken fixtures and appurtenancescontractors under such maintenance contracts shall be reasonably approved by Landlord. At Landlord's request, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into a joint maintenance agreement with any railroad that services the Premises. If Tenant fails to perform any repair or replacement for which it is responsible, Landlord may perform such work and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than reimbursed by Tenant within ten (10) years of experience in maintaining such systems in biotechnical facilitiesdays after demand therefor. Subject to Paragraphs 9 and 15, Tenant shall be solely responsible for bear the full cost of all interior nonstructural improvements any repair or alterations replacement to any part of the Premises Building or the Premises Systems required Project that results from damage caused by law. Notwithstanding the foregoingTenant, at Landlord’s optionits agents, contractors, or if Tenant fails invitees and any repair that benefits only the Premises. Landlord shall bear the full cost of repair or replacement to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage any part of the cost thereof (Building that results from damage caused by Landlord, its agents, contractors or invitees due to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from negligence of Landlord’s involvement with such repairs and replacements forthwith upon being billed for same.

Appears in 1 contract

Samples: Lease Agreement (Pharmanetics Inc)

Tenant’s Repairs. Subject 11. Tenant shall at Tenant's expense throughout the Term of this Lease maintain all parts of the Premises in a good, clean and secure condition and promptly make all necessary repairs and replacements, including but not limited to Landlord’s repair obligations in Sections 7.2 all windows, glass, doors, walls and 11.1 belowwall finishes, floor covering, heating, ventilating and air conditioning systems, truck doors, dock bumpers, dock plates and levelers, plumbing work and Fixtures, root (exclusive of structural beams), downspouts, electrical and lighting systems, and fire sprinklers. Tenant shall at Tenant's expense also perform regular removal of trash and debris. If required by the railroad company, Tenant agrees to sign a joint xxxxxenance agreement governing the use of the rail spur, if any. Tenant shall, at Tenant’s 's own expense, keep xxxxx into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment within or serving the Premises. The maintenance contractor and the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective and a copy thereof delivered to Landlord within thirty (30) days after the Term Commencement Date. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, including all improvementsat its sole expense, fixtures and furnishings therein, in good order, immediately repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all any damage to any demising wall caused by Tenant or Tenant's Parties. To the Premises and replace extent permitted by applicable contracts or repair all damaged law, Landlord shall make available to Tenant the benefits of any contractor warranties applicable to items for which Tenant has repair, maintenance or broken fixtures and appurtenancesreplacement responsibility hereunder, together with all portions of the HVACprovided, electricalhowever, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, not be obligated to incur any cost or liability in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term)so doing. Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same.ALTERATIONS

Appears in 1 contract

Samples: Cellegy Pharmaceuticals Inc

Tenant’s Repairs. Landlord, at Tenant's expense as provided in Paragraph 6, shall maintain in good repair and condition the parking areas and other common areas of the Building, including, but not limited to driveways, alleys, landscape and grounds surrounding the Premises. Subject to Landlord’s repair obligations 's obligation in Sections 7.2 Paragraph 10 and 11.1 belowsubject to Paragraphs 9 and 15, Tenant shallTenant, at Tenant’s own its expense, keep the Premisesshall repair, including all improvements, fixtures replace and furnishings therein, maintain in good ordercondition all portions of the Premises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems. Such repair and condition at replacements include capital expenditures and repairs whose benefit may extend beyond the Term; provided in all times during events Landlord shall complete such capital repairs and such capital expenditures shall be fully amortized in accordance with the Formula (defined hereafter) and reimbursed to Landlord over the remainder of the Lease Term, which repair obligations without regard to any extension or renewal option not then exercised. The "Formula" shall include, without limitationmean that number, the obligation to promptly numerator of which shall be the number of months of the Lease Term remaining after such capital expenditures, and adequately repair all damage the denominator of which shall be the amortization period (in months) equal to the Premises useful life of such repair or replacement multiplied by the cost of such capital expenditure or repair. Landlord shall pay for such capital expenditures and replace or repair all damaged or broken fixtures repairs and appurtenances, together with all portions Tenant shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the HVACOperating Expenses. In the event Tenant extends the Lease Term either by way of an option or negotiated extension, electricalsuch reimbursement by Tenant shall continue as provided above until such amortization period has expired. Heating, ventilation and air conditioning systems and other mechanical plumbing, life safety and lab building systems from the point that such systems solely serves exclusively serving the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred shall be maintained at Tenant's expense pursuant to as the “Premises Systems”)maintenance service contracts entered into by Tenant or, at Landlord's election, by Landlord, in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond case the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended costs of such contracts entered into by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects be included as an Operating Expense. The scope of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not services and contractors under such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilitiesreasonably approved by Landlord. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if If Tenant fails to make such repairsperform any repair or replacement for which it is responsible under this Lease thirty (30) days after receipt of written notice from Landlord, Landlord maymay perform such work using commercially reasonable methods and at commercially reasonable rates and be reimbursed by Tenant within 30 days after demand therefor. Subject to Paragraphs 9 and 15, but need not, make such repairs and replacements, and Tenant shall pay Landlord bear the full cost thereof, including a percentage of any repair or replacement to any part of the cost thereof (Building or Project that results from damage caused by Tenant, its agents, contractors, or invitees. Notwithstanding anything to the contrary herein, Tenant’s repair and replacement obligations shall not be uniformly established for applicable to any costs covered by the Roof Warranty, the Construction Warranty or any costs incurred by Landlord to correct latent defects in the initial construction of the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same.

Appears in 1 contract

Samples: Lease Agreement (Systemax Inc)

Tenant’s Repairs. Subject to Landlord’s repair obligations the provisions regarding fire and other casualty losses set forth in Sections 7.2 and 11.1 belowSection 17 hereof, Tenant shallTenant, at Tenant’s own its expense, shall (i) keep the Premises, Premises (including all improvements, fixtures and furnishings therein, Tenant Alterations) in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to (ii) promptly and adequately repair all damage to the Premises Premises, including damage to interior windows and replace or repair all damaged or broken fixtures and appurtenances, together with all portions to any portion of the HVACBuilding air conditioning, electricalheating, electrical and plumbing systems which (i) are Tenant Repair Items, as defined below, or (ii) are caused by Tenant or its contractors, agents, employees or invitees and (iii) keep the Warehouse Space in a clean condition according to the applicable Laws (collectively, the “Maintenance Activities”). As used herein, “Tenant Repair Items” shall mean any and all air conditioning, mechanical plumbingsystems, life safety heating, electrical and lab plumbing systems from the point that such systems solely serves the Premises and all portions installed by Tenant. Tenant shall give prompt notice to Landlord of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairsmaterial repair, maintenance or restoration shall have an expected life extending beyond the Termreplacement items required under this Section 9(b). Tenant’s maintenance All work with respect to any such maintenance, repair or replacement shall be performed within a reasonable period after the need for such action arises and shall be subject to the provisions of Section 14 hereof. Any additional or required special cleaning (i.e. other than the services expressly provided in Section 8(a)(iii)) and any cleaning or janitorial services to the Warehouse Space is the sole responsibility and shall be at the sole cost of the Premises Systems shall comply Tenant, provided that Tenant must utilize Landlord’s designated cleaning vendors in connection with such special cleaning pursuant to a separate agreement between Tenant and such vendors. If Tenant has not made or commenced making If Tenant has not made such repairs promptly (or immediately in the manufacturers’ recommended operating and maintenance procedures. event of an emergency), Landlord (or Xxxxxxxx’s property manager) may, upon prior reasonable written notice to Tenant shall enter into and pay for maintenance contracts (except in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts event of an emergency when no such notice shall be with reputable contractorsrequired), satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations elect to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make effect such repairs, Landlord mayand, but need notin such case, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of (or Landlord’s property manager) the cost thereof plus a coordination and management fee equal to ten percent (to be uniformly established for the Building10%) sufficient to reimburse Landlord for all overheadof such cost, general conditions, fees and other costs or expenses arising from Landlordupon such party’s involvement with such repairs and replacements forthwith upon being billed for samewritten demand.

Appears in 1 contract

Samples: Office Lease Agreement (Cambium Networks Corp)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, The Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition shall at all times during the Lease Term, which repair obligations shall includeat its own cost and expense, without limitationrepair, maintain, operate and keep the obligation to promptly Leased Premises, all equipment, fixtures and adequately repair all damage mechanical systems (including heating, ventilating and air-conditioning systems) within the Leased Premises or elsewhere (if such equipment, fixtures or systems are provided for the use or benefit of the Leased Premises) and any improvements now or hereafter made to the Leased Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class good order, first class condition and repair repair. (reasonable wear and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by tear and repairs which are the parties hereto that Landlord shall have no obligation, in any manner whatsoever, Landlord's responsibility pursuant to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretionArticle 5.06 hereof only excepted) for the Premises Systems in accordance with the manufacturers’ recommended operating statutory building scheme registered against title to the Lands and maintenance procedures. Such maintenance contracts without limiting the generality of the foregoing, the Tenant shall, during the Term, cause such good management and care to be taken of the Leased Premises and various parts thereof that no injury to the same shall occur and all water closets, sinks, heating and air-conditioning and ventilating apparatus located in the Leased Premises shall be with reputable contractors, satisfactory to Landlord maintained in its sole discretion, who shall have not less than ten (10) years a state of experience in maintaining such systems in biotechnical facilitiesefficient and good working order. The Tenant shall be solely responsible for all such maintenance, repairs, replacements and shall promptly with due diligence, at its sole expense, carry out any and all of the foregoing. The Tenant, at its option, shall be responsible for all janitorial services respecting the Leased Premises (including the washing of windows therein, both inside and outside) so as to keep the Leased Premises in a clean and tidy condition. In the event the Tenant is responsible for all janitorial services respecting the Leased Premises, the Building Operation and Maintenance Costs for the Leased Premises will be reduced by the equivalent cost of all interior nonstructural improvements or alterations the Landlord providing standard janitorial services to the Premises or Leased Premises. Notwithstanding, all modifications to the Premises Systems required by lawLeased Premises, following the initial installation, are to the Tenant's account and are subject to the Landlord's prior written approval. It is understood that the Landlord's contractor shall be utilized for all changes to the mechanical, electrical and life safety systems. All design and consultant's fees and permits are to the Tenant's account. Landlord will use reasonable efforts to ensure that its contractor's costs are competitive, having regard to the unique nature of the Building and the Development. Notwithstanding the foregoingforegoing provisions of this Section 5.01, at Landlord’s optionif the Building is primarily used for office purposes, the task of repairing, maintaining and operating the heating, ventilating and air-conditioning systems and other building standard equipment and mechanical systems within or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant serving the Leased Premises shall pay Landlord be the cost thereof, including a percentage responsibility of the cost thereof Landlord (save only to be uniformly established the extent that any such equipment or systems are installed by or for the Buildingsole use of the Tenant) sufficient to reimburse Landlord for all overheadand the costs thereof shall form part of the HVAC Costs or Building Operation and Maintenance Costs, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameas the case may be hereunder.

Appears in 1 contract

Samples: Original Lease Amending Agreement (Accpac International Inc)

Tenant’s Repairs. Subject to Landlord’s repair obligations 's obligation in Sections 7.2 Paragraph 10 and 11.1 belowsubject to Paragraphs 9 and 15, Tenant shallTenant, at Tenant’s own its expense, keep the Premisesshall repair, including all improvements, fixtures replace and furnishings therein, maintain in good ordercondition all portions of the Premises and all areas, repair improvements and condition at all times during systems exclusively serving the Lease Term, which repair obligations shall includePremises including, without limitation, the obligation to promptly dock and adequately repair all damage to the Premises loading areas, man doors, truck doors, dock levelers, shelters, seals and replace or repair all damaged or broken fixtures and appurtenancesbumpers (if any), together with all portions of the HVAClighting, electrical, mechanical plumbing, life safety restrooms, water and lab systems from sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, windows, interior walls, and the point that such systems solely serves the Premises interior side of demising walls, electrical systems, air rotation equipment, and all portions of all fume hoods heating, ventilation and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class conditionair conditioning systems. Tenant’s obligations shall Such repair and replacements include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life and repairs whose benefit may extend beyond the Term. Hot water equipment and heating, when necessary to keep ventilation and air conditioning systems and other mechanical and building systems serving the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant or, at Landlord's election, by Landlord (but at Tenant's expense). The scope of services and all improvements thereon or a part thereof and the Premises Systems in first-class ordercontractors under such maintenance contracts shall be subject to Landlord's prior written approval, condition and repair and in compliance with all applicable lawswhich shall not be unreasonably withheld. Except as expressly The current scope of services under such maintenance contract is set forth in this Leaseon Addendum 2 attached hereto. At Landlord's request, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into a joint maintenance agreement with any railroad that services the Premises. If Tenant fails to perform any repair or replacement for which it is responsible, Landlord may perform such work and pay for maintenance contracts be reimbursed by Tenant within 10 days after demand therefor, together with an administration charge in an amount equal to five percent (in forms satisfactory to Landlord in its sole discretion5%) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements the repairs. Subject to Paragraphs 9 and 15, Tenant shall bear the full cost of any repair or alterations replacement to any part of the Building or Project that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. Within the 15 day period prior to the Premises expiration or the Premises Systems required by law. Notwithstanding the foregoingtermination of this Lease, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that the cost thereof, including a percentage of hot water equipment and the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees HVAC system are then in good repair and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameworking order.

Appears in 1 contract

Samples: Lease Agreement (Optex Systems Holdings Inc)

Tenant’s Repairs. Subject to and except for the items which are Landlord’s repair obligations in Sections Section 7.2 and 11.1 subject to the provisions of Articles 11 and 13 below, Tenant shall, at Tenant’s own expense, keep the PremisesPremises and all portions thereof which were not constructed or installed by or on behalf of Landlord as part of the Base, Shell and Core, including all improvements, fixtures fixtures, equipment and furnishings thereinin the Premises (including, without limitation, all non-Base, Shell and Core systems and equipment within the Premises, including all components and equipment and systems providing distribution from the Base, Shell and Core systems and equipment), in good first-class order, condition and repair and condition at all times during the Lease Term, except for ordinary wear and tear and casualty damage which is not specifically made the responsibility of Tenant under this Lease. In connection with such repair obligations obligations, Tenant shall, at Tenant’s own expense but subject to the prior approval of Landlord to the extent required under Article 8 (which approval shall includenot be unreasonably withheld, without limitationconditioned or delayed), the obligation to and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances; provided however, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairsrepairs within thirty (30) days after notice from Landlord and after Landlord has notified Tenant of its intention to do so (or immediately in case of emergency and without notice required from Landlord to Tenant), Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord to Landlord, within thirty (30) days after invoice, the cost actual, reasonable and documented costs thereof, including a percentage plus an administration fee equal to five percent (5%) of such costs. Landlord may, but shall not be required to, enter the cost thereof Premises (but except during emergencies, Landlord may not enter Secured Areas, as defined in 23.2 of this Lease) at all reasonable times, and upon at least one (1) business day’s prior notice to Tenant (or without notice in case of emergency), to make such repairs, alterations, improvements and additions to the Premises or to the Building or to any equipment located in the Building as shall be uniformly established necessary or desirable in connection with the first-class management and operation standards for the Building) sufficient Building set forth herein, and/or as may be required for Landlord to reimburse comply with the provisions of this Lease and/or as may be required by applicable Laws and/or governmental or quasi-governmental authority or court order or decree. Landlord for all overhead, general conditions, fees shall use commercially reasonable efforts to minimize interference with Tenant’s use of and other costs or expenses arising from access to the Premises during Landlord’s involvement with entry into the Premises to perform such repairs and replacements forthwith upon being billed for samework pursuant to the foregoing provisions of this Section 7.1.

Appears in 1 contract

Samples: LNR Warner Center (United Online Inc)

Tenant’s Repairs. Subject to Landlord’s 's construction obligations in ---------------- the Tenant Work Letter and Landlord's repair obligations in Sections Section 7.2 and 11.1 below, Tenant shall, at Tenant’s 's own expense, keep the Data Center and all non- structural portions of the Premises, including all improvements, fixtures and furnishings thereintherein (but excluding the Base Building Systems, as defined in Section 7.2 below), in good order, repair and condition at all times during the Lease Term, except for damage by ordinary wear and tear, and except for any and damage by casualty which is Landlord's obligation to repair in Section 11.1 below. Such repair obligations shall include, without limitation, (i) the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVACand (ii) maintaining, electricalrepairing and replacing, mechanical plumbingas necessary, life safety at Tenant's sole cost and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premisesexpense, the improvements located therein or Data Center and Data Center Work (including, without limitation, the equipment thereinSupplemental HVAC Units, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (installed in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or on the Premises Systems required roof of the Building), which repairs shall include ordinary wear and tear and casualty damage and shall be performed by law. Notwithstanding the foregoinga third-party maintenance contractor selected by Tenant and approved by Landlord pursuant to a maintenance contract approved by Landlord; provided, at Landlord’s option, or if Tenant fails to make such repairshowever, Landlord maymay elect to perform such maintenance, but need not, make such repairs and and/or replacements, and Tenant shall pay Landlord to Landlord, as Additional Rent, the cost thereofactual, including a percentage of the documented and reasonable cost thereof (including the cost of the maintenance contract), without profit to be uniformly established Landlord, within thirty (30) days after invoice from Landlord. If Tenant fails to maintain the Premises in good order, condition and repair, Landlord shall give Tenant written notice that Tenant must do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Should Tenant refuse or neglect to repair the Premises at any time within ten (10) days from the date on which Landlord makes such written demand on Tenant to effect such repair (or if such repair shall require more than ten (10) days to complete and Tenant shall fail to commence such repair within such ten (10) day period and to thereafter pursue such repair diligently to completion), Landlord may enter the Premises and make such repairs, and upon completion thereof, Tenant agrees to pay to Landlord, as additional rent, Landlord's reasonable costs of completing such repairs plus an amount not to exceed five percent (5%) of such costs for the Building) sufficient to reimburse Landlord for all Landlord's overhead, general conditionswithin thirty (30) days of receipt from Landlord of a written itemized xxxx therefor. Prior to commencing any item of repair or maintenance work which is connected to or may potentially adversely affect any structural portion of the Building or any of the Base Building Systems, fees Tenant shall notify Landlord and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed Landlord may elect to perform the required work at Tenant's cost, which shall in no event exceed the cost for samewhich Tenant could have had the work performed.

Appears in 1 contract

Samples: Office Lease (Homestore Com Inc)

Tenant’s Repairs. Subject Except for Landlord's Repairs, Warranty Work and subject to Landlord’s repair obligations the limitation set forth in Sections 7.2 and 11.1 Section 6.6 below, Tenant shallTenant, at Tenant’s own its sole cost and expense, throughout the Term of this Lease, shall take good care of the Demised Premises, and shall keep the Premises, including all improvements, fixtures and furnishings therein, same in good order, repair condition and condition repair, and shall make and perform all routine maintenance thereof and all necessary repairs thereto, interior and exterior. All repairs made by Tenant, except as hereafter provided, shall be at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage least equal in quality to the Premises original work and, in all events, shall be made by Tenant in Compliance with Laws. The necessity for or adequacy of maintenance and replace repairs shall be measured by the standards which are appropriate for improvements of similar construction and class, provided that Tenant shall in any event make all repairs necessary to avoid any structural damage or repair other damage or injury to the Improvements. In addition, Tenant shall timely and properly maintain all damaged or broken fixtures of the Demised Premises, including, but not necessarily limited to mechanical systems, electrical systems, plumbing and appurtenancessewage systems, together fire protection systems, floor slabs, roof, foundation walls and footings, structural steel, driveways, roadways, sidewalks, curbs, parking areas, loading areas, and landscaping. Tenant shall obtain a preventative maintenance contract on the heating, ventilating and air conditioning systems which shall be subject to Landlord's reasonable approval. Tenant shall provide Landlord with a copy of the preventative maintenance contract no later than ninety (90) days after the Commencement Date. The preventative maintenance contract shall provide for the inspection and maintenance of the heating, ventilating and air conditioning system on not less than a semi-annual basis. Tenant shall also keep all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Demised Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class clean and orderly condition, free from unreasonable accumulations of snow, ice, dirt rubbish, debris and unlawful obstructions. All of Tenant’s 's obligations shall include restorationsand requirements described above in this Section 6.2 are collectively called "Tenant's Repairs." In addition to the foregoing, replacements or renewalsexcept for Landlord's Repairs, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof Warranty Work and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly limitation set forth in this LeaseSection 6.6 hereof, it is intended by Tenant's Repairs shall include the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to following maintenance (but not repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects replacement obligations that are a part of Landlord's Repair) of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance following portions of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same.Demised Premises:

Appears in 1 contract

Samples: Lease Agreement (Royal Appliance Manufacturing Co)

Tenant’s Repairs. Subject to Landlord’s repair obligations 's obligation in Section 10 and subject to Sections 7.2 9 and 11.1 below15, Tenant shallTenant, at Tenant’s own its expense, keep the Premisesshall repair, including all improvements, fixtures replace and furnishings therein, maintain in good ordercondition all portions of the Premises and all areas, repair improvements and condition at all times during systems exclusively serving the Lease Term, which repair obligations shall includePremises including, without limitation, entries, doors, ceilings, windows, interior walls, the obligation to promptly interior side of demising walls and adequately repair all damage to the heating, ventilation and air conditioning system. Tenant shall also be responsible for any in-rack fire sprinklers or other fire sprinklers and fire sprinkler systems exclusively serving the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions not part of the HVACBuilding-standard fire sprinklers and fire sprinkler system. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term. At Tenant’s expense, electricalTenant shall maintain maintenance and repair contracts for the heating, ventilation and air conditioning systems and other mechanical plumbing, life safety and lab building systems from the point that such systems solely serves serving the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”)shall, in upon Landlord's request, provide Landlord with a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part copy thereof and the Premises Systems proof that such contract is in first-class order, condition full force and effect. The scope of services and contractors under such maintenance and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory subject to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s optionprior written approval, which shall not be unreasonably withheld, delayed or if conditioned. If Tenant fails to make such repairsperform any maintenance, repair or replacement for which it is responsible within a commercially reasonable period after Landlord’s notice to do so (except in case of an emergency or situation involving imminent harm to persons or property, in which case Landlord may act immediately), Landlord may, but need notshall not have the obligation to, make perform such repairs work and replacementsshall be reimbursed by Tenant, as additional rent hereunder, within 10 days after demand therefor. Subject to Sections 9 and 15, Tenant shall bear the full cost of any repair or replacement to any part of the Building that results from damage caused by Tenant, its agents, contractors, or invitees, and Tenant shall pay Landlord any repair that benefits only the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samePremises.

Appears in 1 contract

Samples: Lease Agreement (Systemax Inc)

Tenant’s Repairs. Landlord, at Tenant’s expense as provided in Paragraph 6, shall maintain in good repair and condition the roof membrane, interior load-bearing walls, underground and subsurface utility piping, parking areas and other common areas of the Building and the Project, including, but not limited to driveways, alleys, landscape and grounds surrounding the Premises. Subject to Landlord’s repair obligations obligation in Sections 7.2 Paragraphs 2 and 11.1 below10 and subject to Paragraphs 9 and 15, Tenant shallTenant, at Tenant’s own its expense, keep the Premisesshall repair, including all improvements, fixtures replace and furnishings therein, maintain in good ordercondition all portions of the Premises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems. Such repair and condition at all times during replacements include capital expenditures and repairs whose benefit may extend beyond the Term, and such capital expenditures and repairs shall be amortized in accordance with the Formula (defined hereafter) over the remainder of the Lease Term, which repair obligations without regard to any extension or renewal option not then exercised. The “Formula” shall include, without limitationmean that number, the obligation numerator of which shall be the number of months of the Lease Term remaining after the replacement of any such capital expenditures, and the denominator of which shall be the maximum amortization period (in months) allowable for determining depreciation of such capital expenditures under generally accepted accounting principles. Landlord shall pay for such capital expenditures and repairs and Tenant shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to promptly Landlord of the Operating Expenses. In the event Tenant extends the Lease Term either by way of an option or negotiated extension, such reimbursement by Tenant shall continue as provided above until such amortization period has expired. Heating, ventilation and adequately repair all damage to air conditioning systems and other mechanical and building systems serving the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. shall be maintained at Tenant’s obligations shall include restorationsexpense pursuant to maintenance service contracts entered into by Tenant or, replacements or renewalsif not done by Tenant, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises by Landlord. The scope of services and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not contractors under such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilitiesreasonably approved by Landlord. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if If Tenant fails to make such repairsperform any repair or replacement for which it is responsible within applicable notice and cure periods, Landlord maymay perform such work and be reimbursed by Tenant within 10 days after demand therefor. Subject to Paragraphs 9 and 15, but need not, make such repairs and replacements, and Tenant shall pay Landlord bear the full cost thereof, including a percentage of any repair or replacement to any part of the cost thereof (Building or Project that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. Landlord agrees to be uniformly established for enforce all contractor’s or subcontractor’s guarantees or warranties, if any, which relate to any construction work concerning which Tenant shall have the Building) sufficient obligation to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlordmake repairs to Tenant’s involvement with such repairs and replacements forthwith upon being billed for samebenefit.

Appears in 1 contract

Samples: Lease Agreement (Occam Networks Inc/De)

Tenant’s Repairs. Subject to Landlord’s 's repair obligations in the Tenant Work Letter, Sections 7.2 and 11.1 below, and otherwise as expressly set forth in this Lease, Tenant shall, at Tenant’s 's own expense, keep the interior of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the "Premises Systems"), in a first-class condition. Tenant’s 's obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable lawsRequirements. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises SystemsSystems whether structural or nonstructural, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s 's maintenance of the Premises Systems shall comply with the manufacturers' recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in commercially reasonable forms satisfactory to Landlord, which may require, without limitation, that any third party contractor provide Landlord in its sole discretionwith evidence of insurance as required by Landlord) for the Premises Systems in accordance with the manufacturers' recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole commercially reasonable discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Upon Landlord's request, Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by lawprovide maintenance reports from any such contractors. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s 's involvement with such repairs and replacements forthwith upon being billed for same.

Appears in 1 contract

Samples: Attornment Agreement (Janux Therapeutics, Inc.)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 belowSection 13 hereof, Tenant shallTenant, at Tenant’s own its expense, keep shall repair, replace and maintain in good operating condition and repair in accordance with the standard customarily maintained in Class A facilities in Research Triangle Park (reasonable wear and tear and damage by casualty excepted) all portions of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall includeincluding, without limitation, entries, doors, ceilings, interior windows, interior walls, and the obligation to promptly and adequately repair interior side of demising walls, all damage to building systems serving the Premises and replace or repair all damaged or broken fixtures and appurtenancesBuilding, together with all portions of the including HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems fire sprinklers, elevators (all such systems collectively being referred to as the Premises Building Systems”), in a first-class conditionand any emergency generator(s) or related systems serving the Premises. Tenant’s obligations under this Section 14 with respect to Building Systems shall include restorationsthe procurement and maintenance of contracts, replacements or renewalsin form and substance reasonably satisfactory to Landlord, including capital expenditures with copies to Landlord upon Landlord’s written request, for restorations, replacements or renewals which will have an expected life beyond and with contractors reasonably acceptable to Landlord specializing and experienced in the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition maintenance and repair of the respective Building Systems. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable Building Systems and in compliance with all applicable lawsrelated equipment. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in Should Tenant fail to make any manner whatsoever, to such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant written notice of such failure. If Tenant fails to commence cure of such failure within 20 days of Landlord’s written notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 30 days after demand therefor (including reasonable backup outlining such cost); provided, however, that if such failure by Tenant creates or could reasonably be expected to create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the improvements located therein costs of such cure from Tenant. If Tenant consistently fails to perform its obligations under this Section 14 with respect to Building Systems, then Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the maintenance and repair of any or the equipment therein, or the nonstructural aspects all of the Premises SystemsBuilding Systems if Tenant does not cure Tenant’s failure within 20 days after receipt of such notice. Landlord and Tenant acknowledge and agree that (a) the administrative rent of of Base Rent provided for in Section 5 assumes Tenant’s continued performance of its maintenance and repair obligations with respect to Building Systems pursuant to this Section 14, all and (b) if at any time during the Term, Tenant is no longer performing its maintenance and repair obligations with respect to Building Systems pursuant to this Section 14, then such administrative rent shall be increased to of which Base Rent. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Section 14, Tenant’s obligations are intended under this Section 14 shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Building or Project, and Landlord shall continue during the Term, as part of Operating Expenses, to be responsible for capital repairs and replacements required to be made to the expense of Tenant (whether or not such repairsBuilding and Project including, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply without limitation, capital repairs and replacements with the manufacturers’ recommended operating and maintenance proceduresrespect to Building Systems. Tenant shall enter into cause any vendors and pay for maintenance contracts (in forms satisfactory other service providers hired by Tenant to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to perform services at the Premises or the Premises Systems Project in connection with Tenant’s obligations under this Section 14 to maintain in effect workers’ compensation insurance as required by lawLegal Requirements and commercial general liability insurance with coverage amounts reasonably acceptable to Landlord. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay cause such vendors and service providers to name Landlord and Alexandria Real Estate Equities, Inc. as additional insureds under such policies and shall provide Landlord with certificates of insurance evidencing the cost thereofrequired coverages (and showing Landlord and Alexandria Real Estate Equities, including a percentage of Inc. as additional insureds under such policies) prior to the cost thereof (applicable vendor or service provider providing any services to be uniformly established for Tenant at the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameProject.

Appears in 1 contract

Samples: Lease Agreement (Beam Therapeutics Inc.)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 belowSection 13 hereof, Tenant shallTenant, at Tenant’s own its expense, keep shall repair, replace and maintain in good condition (subject to normal wear and tear, casualty and condemnation) all portions of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall includeincluding, without limitation, entries, doors, ceilings, interior windows, interior walls, and the obligation to promptly interior side of demising walls. Such repair and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall replacement may include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fall to maintain the Premises, when necessary Landlord shall give Tenant notice of such failure. If Tenant fails to keep commence cure of such failure within 30 days of Landlord's notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 30 days after demand therefor; provided, however, that if such failure by Txxxxx creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Landlord shall use reasonable efforts to minimize interference with Txxxxx's operations in the Premises during the performance of repair and all improvements thereon or a part thereof and maintenance of the Premises Systems pursuant to this Section 14. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to perform or construct any capital repairs or replacements, but Tenant shall be required to pay for- capital repairs and replacements performed or constructed by Landlord in first-class order, condition and repair and in compliance accordance with all applicable lawsthe other provisions of this Lease. Except as expressly set forth Notwithstanding anything to the contrary contained in this Lease, it as of the Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the "Tenant Maintenance Obligations") shall be performed by Tenant Net Multi-Tenant Laboratory 3033 Science Park/Singular - Page 12 at Txxxxx's sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord's written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer's recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall, during any period that Tenant Is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Txxxxx is intended by responsible as part of the parties hereto that Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have no the right, but not the obligation, in any manner whatsoever, to repair or maintain provide Tenant with written notice thereof and to assume the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or Maintenance Obligations if Tenant fails to make does not cure Tenant's failure within 10 days after receipt of such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samenotice.

Appears in 1 contract

Samples: Lease Agreement (Singular Genomics Systems, Inc.)

Tenant’s Repairs. Subject Tenant shall keep, maintain and make all repairs and replacement to preserve in good working order, condition, repair and cleanliness the Premises and every part thereof, all improvements, fixtures, furnishings and systems exclusively serving the Premises including without limitation, dock and loading areas exclusively serving the Premises, truck doors exclusively serving the Premises, plumbing and water and sewer lines within the Premises up to points of common connection, fire sprinklers and fire protections systems within the Premises, heating, ventilating and air conditioning units and systems exclusively serving the Premises whether located within or without the Premises, electrical and lighting facilities and equipment within the Premises and all other utility facilities and systems exclusively serving the Premises wherever located, and all fixtures, interior walls, interior surfaces of exterior walls, ceilings, roof membranes, windows, doors, cabinets, draperies, window coverings, carpeting and other floor coverings, plate glass and skylights located within the Premises. Heating, ventilation and air conditioning units and systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s sole expense pursuant to maintenance service contracts entered into by Tenant (which shall have been previously approved in writing by Landlord) or at Landlord’s repair obligations in Sections 7.2 and 11.1 belowelection, by Landlord. At Landlord’s request, Tenant shall enter into a joint maintenance agreement with any railroad that services the Premises. Tenant shall, at Tenant’s own its sole cost and expense, keep promptly make all repairs to the Premises, including all improvements, fixtures Building and furnishings thereinProject which are required, in good orderthe reasonable opinion of Landlord, repair and condition at all times during the Lease Termas a result of any misuse, which repair obligations shall includeneglect or damage committed or permitted by Tenant, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions any of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements Agents or renewals, including capital expenditures for restorations, replacements by any subtenant or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects assignee of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same.

Appears in 1 contract

Samples: Lease Agreement (Sirenza Microdevices Inc)

Tenant’s Repairs. Subject to Landlord’s 's repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions (to the extent accessible to Tenant) of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises SystemsSystems whether structural or nonstructural, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms reasonably satisfactory to Landlord, which may require, without limitation, that any third party contractor provide Landlord in its sole discretionwith evidence of insurance as reasonably required by Landlord) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, reasonably satisfactory to Landlord in its sole discretionLandlord, who shall have not less than ten (10) years of commercially reasonable experience in maintaining such systems in biotechnical facilities. Upon Landlord's request, Tenant shall provide maintenance reports from any such contractors. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s 's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s 's involvement with such repairs and replacements forthwith upon being billed for same. In addition, in the event Tenant has not provided Landlord with evidence that Tenant has entered into such service contracts, Landlord reserves the right, upon notice to Tenant, to procure and maintain any or all of such service contracts, and if Landlord so elects, Tenant shall reimburse Landlord, upon demand, for the costs thereof. Tenant shall, no later than January 31st of each calendar year during the Term, provide to Landlord a copy of the budget for maintenance, repairs and replacements at the Premises for the preceding calendar year, as well as a detailed summary of the amounts actually expended by Tenant during such period for maintenance, repairs and replacements at the Premises.

Appears in 1 contract

Samples: And Maintenance Agreement (Tocagen Inc)

Tenant’s Repairs. Subject Except for damage to the Leased Premises or the Building caused by an act or omission of Landlord or Landlord’s repair obligations in Sections 7.2 and 11.1 below's employees, agents, contractors, or invitees following the Commencement Date, Tenant shall, at Tenant’s own 's expense, keep the Premises, including all improvements, fixtures and furnishings therein, Leased Premises in good order, condition and repair and condition at all times during the Lease Term, which . Tenant shall repair obligations shall include, without limitation, the obligation to promptly and adequately repair all any damage to the Premises and replace Project directly or repair all damaged indirectly caused by or broken fixtures and appurtenances, together with all portions arising out of the HVACacts or omissions of Tenant or Tenant's Agents, electricaland all such repairs shall be performed by Building maintenance personnel at Tenant's sole expense; provided, mechanical plumbinghowever, life safety and lab systems from that Tenant's obligations hereunder are subject to the point that such systems solely serves mutual waiver of subrogation contained herein. At the end of the Term, Tenant shall surrender to Landlord the Leased Premises and all portions of all fume hoods alterations, additions, and other exhaust systems (all such systems collectively being referred to improvements thereto in the same condition as the “Premises Systems”)when received, in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises ordinary wear and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedurestear excepted. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory receive the benefit of the coverage afforded to Landlord in its sole discretion) for by any warranty or maintenance/service contract relating to the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance proceduresLeased premises. Such maintenance contracts Tenant shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than commence such repair within ten (10) years days of experience in maintaining such systems in biotechnical facilities. 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 be solely responsible for thereafter have a reasonable opportunity under the cost of all interior nonstructural improvements particular circumstance to repair same or alterations cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to the Premises or the Premises Systems required by lawcompletion. Notwithstanding the foregoing, at Landlord’s option, or if If Tenant fails to make needed repairs as provided above, Landlord may make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord on demand Landlord's actual costs in making such repairs plus a fee in the cost thereof, including a percentage amount of 10% of the cost thereof (actual costs of performing such work to be uniformly established for cover the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from of Landlord’s involvement with such repairs and replacements forthwith upon being billed for same's supervision.

Appears in 1 contract

Samples: Building Lease Agreement (Ameritrade Holding Corp)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances; provided however, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoingthat, at Landlord’s option, or if Tenant fails to make such repairsrepairs within ten (10) days after written notice, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Tenant agrees to promptly notify Landlord or its representative of any accidents or defects in the Building of which Tenant becomes aware, including defects in pipes, electrical wiring and HVAC equipment. In addition, Tenant shall provide Landlord with prompt notification of any matter or condition which may cause injury or damage to the Building or any person or property therein. Tenant shall maintain during the Lease Term, at Tenant’s sole cost and expense, the Supplemental HVAC (as defined in Exhibit B) to be installed by Landlord pursuant to the terms of Exhibit B on a portion of the roof of the Building to be designated by Landlord (“Roof Space”). The location and size of Tenant’s Supplemental HVAC shall be approved by Landlord pursuant to the terms of Exhibit B. Upon Tenant giving Landlord at least two (2) business days notice, Tenant and its contractors shall have the right to access the roof to perform such maintenance, and a representative of Landlord shall have the right to accompany such persons and be present during such maintenance activities. Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord from any and all claims, demands, liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees) Landlord may suffer or incur arising out of or related to the operation, maintenance and/or replacement of Tenant’s Supplemental HVAC or any portion thereof.

Appears in 1 contract

Samples: Extension Option Rider (Riverbed Technology, Inc.)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 Section 13 and 11.1 belowSection 18 hereof, Tenant shallTenant, at Tenant’s own its expense, keep shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, the interior side of demising walls, and the building systems serving the Premises, including HVAC, plumbing, fire sprinklers, elevators and all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to other building systems serving the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all other portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems Project (all such systems collectively being referred to as the Premises Building Systems”). Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, in a first-class conditionLandlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days after Tenant’s obligations receipt of Landlord’s written notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall include restorationsbe reimbursed by Tenant within 10 days after written demand therefor; provided, replacements however, that if such failure by Tenant creates or renewalscould create an emergency, including capital expenditures for restorationsLandlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, replacements Tenant shall bear the full uninsured cost of any repair or renewals which will have an expected life beyond replacement to any part of the Term, when necessary Project that results from damage caused by Tenant or any Tenant Party. Notwithstanding anything to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth contrary contained in this Lease, it as of the Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts for and with contractors reasonably acceptable to Landlord. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall, during any period that Tenant is intended by responsible for the parties hereto that Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in the immediately preceding paragraph, for capital repairs and 743522686.11 Net Laboratory 10102 Xxxx Xxxx/Arrowhead - Page 14 replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have no the right, but not the obligation, to provide Tenant with written notice thereof and to assume those Tenant Maintenance Obligations that are consistent with duties performed by Landlord or affiliates of Landlord at other landlord-managed single-tenant projects in the San Diego area, if Tenant does not cure Tenant’s failure within 30 days after receipt of such notice. Landlord shall identify the Tenant Maintenance Obligations to be assumed by Landlord in such notice. Notwithstanding anything to the contrary contained herein, if at any manner whatsoever, time during the Term Landlord assumes such Tenant Maintenance Obligations pursuant to repair or maintain the Premisesimmediately preceding sentence, the improvements located therein or administration rent (or, if applicable, the equipment therein, or the nonstructural aspects costs of the Premises Systems, all Landlord’s third party manager) shall be increased to 3% of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance proceduresBase Rent. Tenant shall enter into cause any vendors and pay for maintenance contracts other service providers providing regular service at the Project (in forms satisfactory including, service providers hired by Tenant to Landlord in its sole discretionperform services with respect to the Building Systems or to perform janitorial services with respect to the Premises) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory hired by Tenant to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to perform services at the Premises or the Premises Systems Project to maintain in effect workers’ compensation insurance as required by lawLegal Requirements and reasonable commercial general liability insurance with coverage amounts reasonably acceptable to Landlord. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay cause such vendors and service providers to name Landlord and Alexandria Real Estate Equities, Inc. as additional insureds under such policies and shall provide Landlord with certificates of insurance evidencing the cost thereofrequired coverages (and showing Landlord and Alexandria Real Estate Equities, including a percentage of Inc. as additional insureds under such policies) prior to the cost thereof (applicable vendor or service provider providing any services to be uniformly established for Tenant at the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameProject.

Appears in 1 contract

Samples: Lease Agreement (Arrowhead Pharmaceuticals, Inc.)

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Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage All repairs to the Premises and replace or repair all damaged any of the installations, equipment or broken fixtures and appurtenancesfacilities therein, other than those repairs required to be made by Landlord pursuant to Subsection 10.01 shall be made by Tenant at its expense. Tenant shall be responsible, at its expense, to make or cause to be made repairs to the heating, ventilating or air conditioning system servicing the Premises. Without limitation of the foregoing, Tenant shall keep the interior of the Premises, together with all portions electrical, plumbing and other mechanical installations therein, other than those in Subsection 10.01, in good order and repair and will make all replacements from time to time required thereto at its expense, and will surrender the Premises at the expiration of the HVACterm or such other time as it may vacate the Premises in as good condition as when received, except depreciation caused by ordinary wear and tear, damage by casualty (other than damage by casualty which is caused by the negligence of Tenant, its agents, concessioners, officers, employees, contractors, licensees, or invitees) or unavoidable accident or Act of God. Tenant will not overload the electrical wiring servicing the Premises or within the Premises, and will install at its expenses, subject to the prior written consent of Landlord, any additional electrical wiring which may be required in connection with Tenant's apparatus, occupation or use of the Premises. Any damage or injuries sustained by any person because of mechanical, electrical, mechanical plumbingor plumbing or any other equipment or installations, life safety whose maintenance and lab systems repairs is the responsibility of Tenant, shall be paid for by Tenant, and Tenant shall indemnify and hold Landlord harmless from the point that such systems solely serves and against all claims, actions, damages, and liability in connection therewith, including, but not limited to, attorneys and other professional fees, and any other costs which Landlord may reasonably incur. Should Tenant fail to properly repair the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”)set forth above, Landlord, in a first-class condition. Tenant’s obligations shall include restorationsaddition to any other remedies it may have available to it, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended may cause said repairs to be made and charge the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). expenses to Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samesame as Additional Rent.

Appears in 1 contract

Samples: Place Business Center Lease Agreement (Dover Saddlery Inc)

Tenant’s Repairs. Subject to Landlord’s repair 's obligations in Sections 7.2 and 11.1 Paragraph 10.1 below, Tenant shall, at Tenant’s own 's sole cost and expense, keep the Premisesnon-structural, including all improvements, fixtures non-Base Building and furnishings therein, non-"Premises Systems" (as that term is defined in Paragraph 10.1 below) portions of the Premises in good order, and sanitary condition and repair and condition at all times during the Lease Term. All damage, which repair obligations shall include, without limitation, the obligation injury or breakage to promptly and adequately repair all damage to the Premises and replace any part or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects portion of the Premises Systemsor the Building or the Project caused by the willful misconduct or negligent act or omission of Tenant or Tenant's agents, all contractors, employees, licensees, directors, officers, partners, trustees, visitors or invitees (collectively, "Tenant's Employees") shall be promptly repaired by Tenant to the satisfaction of which obligations Landlord at Tenant's sole cost and expense and pursuant to the provisions of Paragraph 7.3 above (collectively, the "Repairs") (except to the extent the cost of such Repairs are intended covered by insurance carried or required to be carried by Landlord pursuant to the expense terms of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Termthis Lease). Upon reasonable advance notice to Tenant’s maintenance , Landlord may make any Repairs which are not made by Tenant within a reasonable amount of time (except in the Premises Systems shall comply with the manufacturers’ recommended operating case of emergency when such Repairs can be made immediately), and maintenance procedures. charge Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years cost of experience in maintaining such systems in biotechnical facilitiesRepairs. Tenant shall be solely responsible for the design and function of all of Tenant's Extra Improvements whether or not installed by Landlord at Tenant's request. Except as specifically set forth in this Lease, Tenant waives all rights to make any Repairs at Landlord's cost, or to deduct the cost of all interior nonstructural improvements or alterations such Repairs from any payment owed to Landlord under the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameLease.

Appears in 1 contract

Samples: Construction Agreement (Smart & Final Inc/De)

Tenant’s Repairs. (a) Subject to Landlord’s repair obligations obligation in Sections 7.2 and 11.1 belowParagraph 10 and/or elsewhere in this Lease, Tenant shall, at Tenant’s own its sole expense, keep the Premisesshall repair, including all improvements, fixtures replace and furnishings therein, maintain in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects Legal Requirements all portions of the Premises Systemsand all areas, all improvements and systems exclusively serving the Premises including, without limitation, equipment and loading areas, plumbing, water, and sewer lines up to points of which obligations are intended to be common connection, entries, doors, door frames, ceilings, windows, window frames, interior walls, and the expense interior side of Tenant (whether or not such repairsdemising walls, maintenance or restoration shall have an expected life extending and heating, ventilation and air conditioning systems, and other building and mechanical systems serving the Premises. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Lease Term). Tenant’s maintenance If a capital replacement of any currently existing element of the Premises Systems shall is required then, provided that such capital replacement (i) was not necessitated by Tenant’s misuse, failure to perform ordinary repair and maintenance in a commercially reasonable manner, or failure to timely comply with any of the manufacturers’ recommended operating and maintenance procedures. terms of this Lease (it being understood that, subject to Section 9(c), Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall solely be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost thereof if such capital replacement was necessitated by Tenant’s misuse, failure to perform ordinary repair and maintenance in a commercially reasonable manner, or failure to timely comply with any of all interior nonstructural improvements or alterations the terms of this Lease), and (ii) is not with respect to any Tenant-Made Alterations, Landlord shall perform such capital replacement and the cost thereof shall be amortized on a straight line basis (with interest at 8% per annum) over a period equal to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacementsuseful life thereof for federal income tax purposes, and Tenant shall pay such amortized payments to Landlord on the cost thereof, first day of each month together with its Base Rent payments (but without regard to any credit or abatement of Base Rent) through and including a percentage the expiration of the cost thereof Lease Term (to be uniformly established and any extensions thereof). Within ten (10) days of the Commencement Date, Tenant, at Tenant’s expense, shall enter into maintenance service contracts for the Building) sufficient to reimburse Landlord for all overheadmaintenance and repair of the heating, general conditions, fees ventilation and air conditioning systems and other costs or expenses arising from mechanical and building systems serving the Premises; provided, however, at Landlord’s involvement with written election (but at Tenant’s expense), Landlord shall have the right (but not the obligation) to enter into such repairs maintenance service contracts. The scope of services and replacements forthwith upon being billed for samecontractors under such maintenance contracts maintained by Tenant shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed.

Appears in 1 contract

Samples: Lease Agreement (Ziprecruiter, Inc.)

Tenant’s Repairs. Subject to Landlord’s 's repair obligations in Sections 7.2 7.2, 7.3 and 11.1 Articles 11 and 12 below, Tenant shall, at Tenant’s 's own expense, and with contractors reasonably acceptable to Landlord and subject to Tenant's compliance with the following provisions of this Section 7.1 and the provisions of Section 8.2 below, keep the PremisesBuilding and every part thereof, including including, without limitation, all tenant improvements, Alterations, additions, equipment, restrooms, fixtures and furnishings thereintherein (including all of the Building's Systems and Equipment located within the Building and the HVAC equipment on the roof of the Building all walls and wall coverings, doors, windows, glass, plate glass and ceilings in good first-class order, repair and condition at all times during following the date Landlord delivers possession of the Premises to Tenant and throughout the Lease Term, which . Such repair obligations shall include, without limitation, replacement of items as may be necessary to keep same in the condition required hereinabove, notwithstanding that such replacements may be considered capital expenditures in accordance with accounting practices, and shall also include repairs of items above the ceiling, repairs of items below the floors (but not the floor slabs), and/or repairs of items within walls, such as, but not limited to, all plumbing and pipes for restrooms, the equipment providing distribution within the Building of the HVAC from the HVAC equipment on the roof, and the equipment providing distribution within the Building of all electricity and all other utilities required for the Premises (including all electrical panels in equipment rooms or elsewhere within the Building). Landlord shall have approval rights with respect to repairs and/or replacements which: (i) may affect the roof, the HVAC equipment thereon and/or the elevators; (ii) may affect or consist of any of the structural components of the Building; (iii) which may adversely affect or consist of any of the Building's Systems and Equipment; and/or (iv) which may affect the exterior of the Building or any portion of the Project located outside of the Building, or can be seen from outside the Building. Tenant's repair obligations set forth hereinabove shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises Building and replace or repair all damaged or broken fixtures and appurtenancesappurtenances (subject, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoeverhowever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects provisions of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations Article 11 below regarding casualty damage to the Premises or the Premises Systems required by law. Notwithstanding the foregoingBuilding); provided however, that, at Landlord’s 's option, or if Tenant fails to make any such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Tenant shall, at its own cost and expense, enter into regularly scheduled preventive maintenance/service contracts (and with maintenance contractors) approved by Landlord for the maintenance and service of the HVAC, elevators and fire/life safety systems which Tenant is obligated to maintain. Tenant shall deliver to Landlord full and complete copies of all such HVAC, elevator and fire/life safety 071053\8589453v5 8 service contracts entered into by Tenant and copies of all renewals of any such approved maintenance contracts. Tenant shall also deliver to Landlord, within thirty (30) days after the end of each calendar quarter, quarterly reports of all service provided under such maintenance contracts. Notwithstanding the foregoing, if the HVAC, elevator, exterior glass storefront system, and/or fire/life safety equipment require capital repairs (which repair exceeds $50,000) or capital replacements (as reasonably determined by Landlord), then Landlord shall repair or replace the applicable HVAC, elevator, exterior glass storefront system and/or fire/life safety equipment, and the costs thereof shall be amortized over their useful life in accordance with reasonable real estate accounting and management principles, consistently applied, and such amortized amounts shall be included in Operating Expenses payable by Tenant. Tenant shall allow Landlord and its representatives and agents reasonable access to the Premises to enable Landlord to evaluate the need for any replacements and to perform such replacements.

Appears in 1 contract

Samples: Office Lease (Quantenna Communications Inc)

Tenant’s Repairs. Subject to Sections 13, 18 and 19 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition (reasonable wear and tear and damage by fire or other casualty excepted) all non-structural portions of the interior of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, the interior side of demising walls and, pursuant to the terms of the immediately following paragraph, the Building Systems. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant written notice of such failure. If Tenant fails to commence cure of such failure within 10 business days of Landlord’s repair obligations in notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 15 business days after demand therefor; provided, however, that if such failure by Txxxxx creates or could reasonably create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the actual costs of such cure from Tenant. Subject to Sections 7.2 17 and 11.1 below18, Tenant shallshall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party. Notwithstanding anything to the contrary contained in this Lease, as of the Commencement Date, Tenant shall be responsible for the maintenance and repair of the Building Systems serving the Building (“Building System Maintenance”), at Tenant’s own cost and expense, keep as more specifically set forth on Exhibit G attached hereto. The Building System Maintenance shall include the Premises, including all improvements, fixtures procurement and furnishings thereinmaintenance of contracts, in good orderform and substance reasonably satisfactory to Landlord, repair with copies to Landlord upon Landlord’s written request, for and condition at all times during with contractors reasonably acceptable to Landlord specializing and experienced in the Lease Term, which repair obligations shall include, without limitationrespective Building System Maintenance obligations. Notwithstanding anything to the contrary contained herein, the obligation scope of work of any such contracts entered into by Tenant pursuant to promptly and adequately repair all damage this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the performance of the applicable equipment. Landlord shall, notwithstanding anything to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth contrary contained in this Lease, it have no obligation to perform any Building System Maintenance. The Building System Maintenance for which Tenant is intended by responsible shall not include the parties hereto that right or obligation on the part of Tenant to make any structural and/or capital repairs, replacements or improvements to the Building Systems, and Landlord shall have no obligationcontinue, in any manner whatsoeveras part of Operating Expenses, to repair or maintain the Premisesbe responsible, the improvements located therein or the equipment thereinas provided in Section 13, or the nonstructural aspects of the Premises Systems, all of which obligations are intended for capital repairs and replacements required to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations made to the Premises or the Premises Systems required by lawBuilding Systems. Notwithstanding anything to the foregoingcontrary contained herein, at Landlord’s option, or if Tenant fails to make such repairsperform the Building System Maintenance in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord mayshall have the right, but need notnot the obligation, make to provide Tenant with written notice thereof and to assume the Building System Maintenance, as part of Operating Expenses, if Tenant does not cure Tenant’s failure within 30 days after receipt of such repairs and replacementsnotice; provided that if the nature of cure is such that it requires more than 30 days to complete, and then Landlord shall not assume the Building System Maintenance so long as Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (continues to be uniformly established for the Building) sufficient diligently pursue such cure to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same.completion. DocuSign Envelope ID: 3D9421BF-E23B-4F57-8C3D-FC854D1C296D Net Laboratory Lease 20 Xxxxxxxx Xxxxxx – Suite 100/Greenlight - Page 16

Appears in 1 contract

Samples: Lease Agreement (GreenLight Biosciences Holdings, PBC)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 belowTenant, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Termterm hereof and at its own cost and expense, which shall maintain in good order and repair obligations shall includethe Premises, and every part thereof, excluding the roof, any marquee, exterior walls, structural parts and structural floors (floor covering to be maintained by Tenant), but including without limitationlimitation all utility meters, pipes and conduits to the point of connection by Tenant, all so-called “Building Systems” (i.e., plumbing, electrical, heating and air conditioning equipment serving the Premises exclusively, ceiling (including ceiling tiles and light fixtures), all fixtures, signs (excluding any awning and cabinet signs), equipment, grease trap or like, and movable personal property in the Premises, the obligation to promptly exterior of the storefront or storefronts of the Premises, all window sashes, frames, doors, door frames and adequately repair glass or plate glass, all damage appurtenances to the Premises and replace all such items of repair, maintenance, improvement or repair all reconstruction as at any time may be required for the Premises by any governmental or quasi - governmental agency or authority having jurisdiction, but Tenant shall not be required to make any repairs required to be made because of Landlord’s gross negligence or by Landlord pursuant to Section 13.05, Article 14 or elsewhere in this Lease. All glass, exterior and interior, shall be at the sole risk of Tenant, and any broken or seriously damaged or broken fixtures and appurtenances, together defaced glass shall be replaced promptly by Tenant with all portions glass of the HVACsame kind, electricalsize and quality, mechanical plumbingand by the same means. The provisions of Article 9 above shall apply to all work under this Section other than ordinary and usual periodic maintenance. Tenant, life safety as a part of its air conditioning/heating maintenance obligation, shall be required to have a service contract with an air conditioning repair firm, fully licensed to repair air conditioning units in the State of California. Tenant shall furnish to Landlord, not later than the date of commencement of the term of this lease a copy of said contract. This service contract shall include, but not be limited to, service calls on the unit(s), changing belts, filters and lab systems from other parts as required, with frequency of not less than quarterly, and an annual service report listing all work performed on and the point condition of the unit(s). Nothing set forth herein shall limit Tenant’s obligation to maintain the air conditioning/heating unit(s) in good condition and repair throughout the term of this Lease. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance now or hereafter in effect, including but not limited to Sections 1941 and 1942 of the Civil Code of California. It is specifically understood and agreed that such systems solely serves Landlord has no obligation and has made no promises to alter, remodel, improve, repair, or decorate the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a any part thereof and that no representations respecting the condition of the Premises Systems in first-class order, condition and repair and in compliance with all applicable lawsof the building have been made by Landlord to Tenant except as specifically herein set forth. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, If Tenant refuses or neglects to repair make repairs or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms a manner reasonably satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails shall fail to comply with or perform any of the covenants, conditions or agreements herein and in this Lease contained on Tenant’s part to be performed, then after such notice as may be reasonable under the circumstances Landlord shall have the right (but not obligation) to make such repairs, Landlord mayperform such maintenance for Tenant’s account, but need notor perform said covenants, make such repairs and replacements, conditions or agreements and Tenant shall pay Landlord pay, as additional rent, the cost thereof, including a percentage amount of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from immediately upon receipt of Landlord’s involvement with such repairs and replacements forthwith upon being billed for xxxx. Landlord’s performance of any of Tenant’s obligations hereunder shall not constitute a waiver of Tenant’s default in failing to do the same.

Appears in 1 contract

Samples: Lease Agreement (1st Centennial Bancorp)

Tenant’s Repairs. Commencing on the Commencement Date, Tenant shall maintain the Premises in good condition, reasonable wear and tear excepted, and shall be responsible for all repairs and replacements required to be made to the Premises or any portion thereof, except for those items that are the responsibility of Landlord under Section 9.1 above. It is the intention of the parties that following the Commencement Date, except as expressly provided in Sections 9.1, 11.1 and 12.1, any all maintenance, repair, replacement and other work required with respect to the Premises shall be Tenant’s sole responsibility and Landlord shall have no obligation or liability with respect thereto. Subject to Landlord’s repair obligations the rights of the Tenant to terminate the Lease as provided in Sections 7.2 Article XI and 11.1 belowArticle XII of this Lease, and except as provided in Section 9.1, Tenant shall, at Tenant’s own its sole cost and expense, promptly make all necessary repairs and replacements, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to the Premises, including, without limitation, the entire interior and exterior of the Building, the roof, sidewalks, parking areas, railroad tracks (if utilized by Tenant), water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances now or hereafter belonging to, connected with or used in conjunction with the Premises. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation of the Premises and shall comply with all Legal Requirements and applicable provisions of the Declaration. Tenant shall keep and maintain the Premises, including all improvementsimprovements situated thereon and all sidewalks, fixtures parking areas and furnishings thereinareas adjacent thereto, in good ordersafe, repair secure and condition at all times during the Lease Termclean, which repair obligations shall includespecifically including, without but not by way of limitation, the obligation to promptly snow and adequately repair all damage to the Premises ice clearance, landscaping and replace or repair all damaged or broken fixtures removal of waste and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable lawsrefuse matter. Except as expressly set forth provided in this LeaseSections 9.1, it is intended by the parties hereto that 11.2 and 12.1, Landlord shall have no obligation, in not be required to furnish any manner whatsoever, services or facilities whatsoever to repair or maintain the Premises. Tenant hereby assumes full and sole responsibility for condition, the improvements located therein or the equipment thereinoperation, or the nonstructural aspects repair, alteration, improvement, replacement, maintenance and management of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by lawPremises. Notwithstanding the foregoing, at Landlord’s option, or if until such time as Tenant fails may elect to make such repairsself-maintain the Premises, Landlord mayagrees to perform all repairs and replacements that are the responsibility of Tenant hereunder, but need not, make the reasonable cost of all such repairs and replacementsreplacement to constitute an Operating Expense for which Tenant is responsible for paying as provided in Section 4.1 above. Tenant may, upon not less than one hundred twenty (120) days prior written notice to Landlord, elect to self-maintain the Premises, in which event Landlord shall cease to perform Tenant’s obligations under this Section 9.2; provided that in such event Operating Expenses shall include a monthly management fee payable to Landlord equal to $2,000 per month. Upon Tenant’s election to perform its repair and replacement obligations under this Section 9.2, Landlord may require that Tenant maintain throughout the remainder of the Term maintenance contracts with contractors reasonably acceptable to Landlord covering the maintenance and repair of the HVAC and other Building systems as may be designated by Landlord on terms and conditions reasonably acceptable to Landlord; and Tenant shall pay Landlord be responsible for performing all such maintenance obligations in a manner that preserves all warranties affecting the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samePremises.

Appears in 1 contract

Samples: Lease Agreement (Zulily, Inc.)

Tenant’s Repairs. Subject Commencing on the Delivery Date, Tenant shall maintain the Premises in good condition, except for Landlord's Work, which shall be the responsibility of Landlord, and Tenant shall be responsible, at its sole cost and expense, for all other repairs and replacements required to be made to the Premises or any portion thereof after the Delivery Date, which repairs and replacements shall be executed in accordance with applicable Legal Requirements. It is the intention of the parties that after the Delivery Date and subject to final completion of the Improvements and the Punchlist items remaining in Landlord’s Work, Tenant shall perform or cause to be performed all maintenance, repair and other work with respect to the Premises required hereunder and Landlord shall have no obligation with respect thereto. Landlord agrees to cooperate with and support Tenant in enforcing any warranty available under or in relation to the Design-Build Agreement at no cost to Landlord’s repair obligations . After the Delivery Date, except to the extent of any Punchlist items remaining in Sections 7.2 and 11.1 belowLandlord's Work, Tenant shall, at Tenant’s own its sole cost and expense, keep promptly make all necessary repairs and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall includeincluding, without limitation, the obligation to promptly entire interior and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions exterior of the HVACBuilding, electricalthe roof, mechanical plumbingthe foundations, life safety sidewalks, parking areas, water, sewer, gas and lab systems from the point that such systems solely serves the Premises electricity connections, pipes, mains and all portions other fixtures, machinery, apparatus, equipment and appurtenances which as of all fume hoods the Delivery Date or thereafter belong to, are connected with or are used in conjunction with the Premises. All such repairs and other exhaust systems (all such systems collectively being referred replacements to as be performed by Tenant or its contractors shall be procured in accordance with Tenant's policies and procedures and of a quality consistent with those completed in Landlord’s Work and sufficient for the “Premises Systems”)proper maintenance and operation of the Premises, in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance accordance with all applicable lawsthe Legal Requirements (as defined in Section 21.1). Except as expressly set forth in this LeaseAfter the Delivery Date, it is intended by the parties hereto that Landlord excluding clean-up, removal and disposal obligations constituting Landlord's Work, Tenant shall have no obligation, in any manner whatsoever, to repair or keep and maintain the Premises, including the improvements located therein or Building and all sidewalks, parking areas and areas adjacent thereto, safe and clean, specifically including, but not by way of limitation, landscaping and removal of waste, debris and refuse matter.‌ From and after the equipment thereinDelivery Date, or the nonstructural aspects of the Premises SystemsTenant, all of which obligations are intended to be the expense of Tenant (whether or not such repairsat its own cost and expense, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall promptly comply with the manufacturers’ recommended operating any and maintenance procedures. Tenant shall enter into all Legal Requirements now or hereafter affecting and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations applicable to the Premises or any part thereof. Landlord shall not be required to furnish or cause to be furnished any services or facilities whatsoever to the Premises, except for Landlord’s Work. Tenant shall, at no cost to Landlord, furnish or cause to be furnished services for operation, repair, alteration, improvement, replacement, maintenance and management of the Premises Systems after the Delivery Date which are not required by law. Notwithstanding the foregoing, at for Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (Work to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees Substantially Complete and other costs or expenses arising from are not Punchlist items remaining in Landlord’s involvement with such repairs and replacements forthwith upon being billed for same's Work.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 Tenant shall be responsible for and 11.1 below, Tenant shall, at Tenant’s own expense, keep shall bear the full cost of all maintenance and repairs (but not replacement) of the demised Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall includeincluding, without limitation, all roof repairs, all heating and cooling systems, all plumbing and electrical systems and fixtures, replacement of glass, and all other necessary measures to maintain the obligation Premises in a clean and safe condition. Tenant shall have the benefit under any of Landlord’s warranties covering the Premises including, but not limited to, roof repairs, heating and cooling systems and electrical fixtures. In such regard, Landlord will assist Tenant, if necessary, in enforcing such warranties. All mechanical systems shall be placed into good working order and the roof shall be inspected and rendered watertight by Landlord prior to promptly acceptance by Tenant but no later than December 1, 2009. Tenant will surrender the Premises at the expiration of the term or at such other time as it may vacate the Premises in as good condition as when received, excepting depreciation caused by ordinary wear and adequately repair all tear and damage to by casualty (other than such damage by casualty which is caused by the negligence of Tenant, its agents, officers, employees, contractors, licensees or invitees and which is not wholly covered by Tenant’s hazard insurance policy). Tenant will not overload the electrical wiring serving the Premises or within the Premises and replace will install at its expense any additional electrical wiring which may be required in connection with Tenant’s apparatus. Any damage or repair all damaged or broken fixtures and appurtenances, together with all portions injury sustained by any person because of the HVACmechanical, electrical, mechanical plumbingplumbing or any other equipment or installations, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition whose maintenance and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense responsibility of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible paid for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacementsTenant, and Tenant shall pay hereby agrees to indemnify and hold Landlord the cost thereofharmless from and against all claims, including a percentage of the cost thereof (actions, damages and liability in connection therewith, including, but not limited to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, attorney’s and other professional fees and any other costs cost which Landlord might reasonably incur if such damage or expenses arising from Landlord’s involvement injury was due to the negligence of Tenant, its employees, contractors, agents, or invitees. Maintenance and repair of equipment such as, special air conditioning equipment, private bathroom fixtures, or any other type of special equipment together with such repairs and replacements forthwith upon being billed for samerelated plumbing or electrical services, whether installed by tenant or by Landlord on behalf of Tenant, shall be the sole responsibility of Tenant.

Appears in 1 contract

Samples: Lease Agreement (First West Virginia Bancorp Inc)

Tenant’s Repairs. Subject to Landlord’s repair obligations Save and except for the one-year guaranty against defective materials and workmanship or other guaranties provided for in Sections 7.2 Section 2.4 hereof, and 11.1 belowthe completion of incomplete items provided for in Section 2.5 hereof, Tenant shallTenant, at Tenant’s own its sole cost and expense, throughout the term of this Lease, shall take good care of the Demised Premises (including any improvements hereafter erected or installed on the Land), and shall keep the Premises, including all improvements, fixtures and furnishings therein, same in good order, repair condition and condition at repair, and irrespective of such guaranty shall make and perform all times during routine maintenance thereof and all necessary repairs thereto, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, of every nature, kind and description. When used in this Article VIII, "repairs" shall include all necessary replacements, renewals, alterations, additions and betterments; provided, however, if (a) Tenant properly, regularly, and continuously maintains the Lease Termroof, which repair obligations shall includeBuilding, without limitationfoundation, and load-bearing walls in good condition, (b) the obligation to promptly and adequately repair all damage to roof structure or the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions structural elements of the HVACfoundation, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment thereinexterior walls, or load-bearing walls (each a "Structural Item") fail, or otherwise require replacement, and (c) such failure or need is not due to Tenant's use, Tenant's alterations, or casualty, then Landlord agrees to replace the nonstructural aspects Structural Item as necessary. The costs, fees and expenses of any such replacement (each a "Replacement Cost") shall be amortized on a straight-line basis over the useful life of the Premises Systemsreplaced item, all as reasonably determined by Landlord, using applicable guidelines provided by GAAP, taking into account interest at the rate of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term)8% per annum. Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage equal monthly payments of the cost thereof (monthly amortized amount of the Replacement Cost, with interest as provided in this Section, beginning 30 days after Landlord's invoice and continuing on the first day of each calendar month thereafter throughout the Term of the Lease, as it may be extended. All repairs made by Tenant shall be at least equal in quality to the original work and shall be uniformly established made by Tenant in accordance with all laws, ordinances and regulations whether heretofore or hereafter enacted. The necessity for or adequacy of maintenance and repairs shall be measured by the Building) sufficient standards which are appropriate for improvements of similar construction and class, provided that Tenant shall in any event make all repairs necessary to reimburse Landlord for all overhead, general conditions, fees and avoid any structural damage or other costs damage or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameinjury to the Improvements.

Appears in 1 contract

Samples: Net Lease Agreement (Merix Corp)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 Section 8(b) below, and 11.1 except for any damage by casualty which is not Tenant’s obligation to repair pursuant to Paragraph 10 below, Tenant shall, at Tenant’s own expense, and with contractors reasonably acceptable to Landlord and subject to Tenant’s compliance with the following provisions of this Paragraph 8(a) and the provisions of Paragraph 8(c) below, keep the PremisesBuilding and every part thereof (except those portions of the Building which are Landlord’s obligation to maintain pursuant to Paragraph 8(b) below), including including, without limitation, all tenant improvements, alterations, additions, equipment, restrooms, fixtures and furnishings thereintherein (including all of the Building’s systems and equipment located within the Building and the HVAC equipment on the roof of the Building, subject, however, to Landlord’s obligations regarding replacement of such HVAC equipment as expressly provided below in Section 8(e)), all interior walls and wall coverings, doors, windows, glass, plate glass, ceilings, and skylights, in good an order, repair and condition at all times during consistent with the Lease Term, which age and quality of the Building and the Comparable Buildings. Such repair obligations shall include, without limitation, replacement of items as may be necessary to keep same in the condition required hereinabove (subject to Landlord’s replacement obligations set forth below in Section 8(e) below with respect to the Building’s HVAC equipment on the roof of the Building), notwithstanding that such replacements may be considered capital expenditures in accordance with accounting practices, and shall also include repairs of items above the ceiling, repairs of items below the floors (but not the floor slabs), and/or repairs of items within walls, such as, but not limited to, all plumbing and pipes for restrooms, the equipment providing distribution within the Building of the HVAC from the HVAC equipment on the roof, and the equipment providing distribution within the Building of all electricity and all other utilities required for the Premises (including all electrical panels in equipment rooms or elsewhere within the Building). Landlord shall have approval rights (in its sole but good faith discretion) with respect to repairs and/or replacements which may: (i) affect the roof and/or the HVAC equipment thereon; (ii) affect or consist of any of the structural components of the Building; (iii) adversely affect or consist of any of the Building’s systems and equipment; (iv) affect the exterior of the Building or any portion of the Project located outside of the Building, or can be seen from outside the Building; and/or (v) change the character of the Building as an office/laboratory building (any of such items set forth in clauses (i) through (v) hereinabove shall sometimes be referred to as the “Landlord’s Approval Items”). Tenant’s repair obligations set forth hereinabove shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises Building and replace or repair all damaged or broken fixtures and appurtenancesappurtenances (subject, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoeverhowever, to repair or maintain the Premisesprovisions of Paragraph 10 below regarding casualty damage to the Building); provided however, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended that if Tenant fails to be the expense of Tenant (whether or not commence such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than repairs within ten (10) years of experience in maintaining business days after written notice from Landlord and thereafter diligently pursue such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations repairs to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairscompletion, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof five percent (to be uniformly established for the Building5%) administration fee sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Tenant shall, at its own cost and expense, enter into regularly scheduled preventive maintenance/service contracts (and with maintenance contractors) reasonably approved by Landlord for the maintenance and service of all of the items listed above in this Paragraph 8(a) which Tenant is obligated to maintain. Tenant shall deliver to Landlord full and complete copies of all such contracts entered into by Tenant prior to entering into same. Notwithstanding any other provision herein to the contrary, Tenant may continue to use of the laboratory benches, casework, fume hoods and laminar flow hoods located in the Premises as of the Effective Date at no additional cost throughout the Second Extended Term, as the same may be further extended.

Appears in 1 contract

Samples: Office Tech Lease (Insite Vision Inc)

Tenant’s Repairs. Landlord, at Tenant's expense as provided in Paragraph 6, shall maintain, in a standard comparable to comparable industrial buildings owned by comparable landlords (institutional ownership) in good repair and condition the parking areas and other exterior areas of the Building, including, but not limited to driveways, alleys, landscape and grounds surrounding the Premises and those repairs or replacements which are necessary to the interior generic Tenant Improvements (as defined Exhibit B to Addendum Two and Exhibit B to Addendum Three of the Lease), which cost over $5,000, and which are defined by the Internal Revenue Code as a Capital Improvement. Subject to Landlord’s repair 's obligations in Sections 7.2 this Paragraph, Paragraph 10 and 11.1 belowsubject to Paragraphs 9 and 15, Tenant shallTenant, at Tenant’s own its expense, keep the Premisesshall repair, including all improvements, fixtures replace and furnishings therein, maintain in good ordercondition all portions of the Premises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings and roof membrane, windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems. Such repair and condition at all times during replacements include capital expenditures and repairs whose benefit may extend beyond the Term; provided that such capital expenditures and repairs shall be fully amortized in accordance with the Formula (defined hereafter) over the remainder of the Lease Term, which repair obligations without regard to any extension or renewal option not then exercised. The "Formula" shall include, without limitationmean that number, the obligation to promptly and adequately repair all damage to numerator of which shall be the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions number of months of the HVACLease Term remaining after replacement of any such capital expenditures, electrical, mechanical plumbing, life safety and lab systems from the point that denominator of which shall be the lesser of the maximum amortization period (in months) allowable for determining a depreciation of such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements federal income tax purposes or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable lawsfifteen (15) years. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into perform and pay for maintenance contracts such capital expenditures and repairs and Tenant shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in forms satisfactory equal monthly installments in the same manner as the payment by Tenant to Landlord in its sole discretion) for of the Operating Expenses. Heating, ventilation and air conditioning systems and other mechanical and building systems serving the Premises Systems in accordance with the manufacturers’ recommended operating shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant and maintenance proceduresreasonably approved by Landlord. Such The scope of services and contractors under such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required reasonably approved by law. Notwithstanding the foregoing, at Landlord’s option, or if .. If Tenant fails to make perform any repair or replacement for which it is responsible, after thirty (30) days notice of such repairs, except in the case of an emergency, in which case no notice is necessary, Landlord maymay perform such work and be reimbursed by Tenant within 10 days after demand therefor. Subject to the terms of this Paragraph, but need notAddendum Three and Paragraphs 9, 10 and 15, Tenant shall bear the full cost of any repair or replacement to any part of the Building or Project that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. I f Landlord fails to make any repairs which are to be performed by Landlord under this Paragraph 11 within thirty (30) days after Tenant's written demand for such repairs, subject to delays from Force Majeure, then Tenant may perform such repairs at its sole cost and expense without right to any offset of rentals due under this Lease; provided however, Tenant shall have no right to make such repairs and replacements, and Tenant shall pay if Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with has commenced such repairs within such thirty (30) day period and replacements forthwith upon being billed for sameis diligently pursuing such repairs.

Appears in 1 contract

Samples: Lease Agreement (Etoys Inc)

Tenant’s Repairs. Landlord, at Tenant’s expense as provided in Paragraph 6, shall maintain in good repair and condition the parking areas and other common areas of the Building, including, but not limited to driveways, alleys, landscape and grounds surrounding the Premises. Subject to Landlord’s repair obligations obligation in Sections 7.2 Paragraph 10 and 11.1 belowsubject to Paragraphs 2, Tenant shall9 and 15, Tenant, at Tenant’s own its expense, keep the Premisesshall repair (when repair is no longer reasonable), including all improvements, fixtures replace and furnishings therein, maintain in good ordercondition all portions of the Premises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems. Such repair and condition at all times during replacements include capital expenditures and repairs whose benefit may extend beyond the Term, and such capital expenditures and repairs shall be fully amortized in accordance with the Formula (defined hereafter) over the remainder of the Lease Term, which repair obligations without regard to any extension or renewal option not then exercised. The “Formula” shall include, without limitationmean that number, the obligation to promptly numerator of which shall be the number of months of the Lease Term remaining after the replacement of any such capital expenditures, and adequately repair all damage the denominator of which shall be the amortization period (in months) equal to the Premises useful life thereof for federal income tax purposes. Landlord shall pay for such capital expenditures and replace or repair all damaged or broken fixtures repairs and appurtenances, together with all portions Tenant shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the HVACOperating Expenses. Heating, electrical, ventilation and air conditioning systems and other mechanical plumbing, life safety and lab building systems from the point that such systems solely serves serving the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. shall be maintained at Tenant’s obligations shall include restorationsexpense pursuant to maintenance service contracts entered into by Tenant or, replacements or renewalsat Landlord’s election, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises by Landlord. The scope of services and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not contractors under such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilitiesreasonably approved by Landlord. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if If Tenant fails to make such repairsperform any repair or replacement for which it is responsible under this Lease within thirty days following Landlord’s written demand to Tenant to perform, Landlord maymay perform such work and be reimbursed by Tenant within 30 days after demand therefor. Subject to Paragraphs 9 and 15, but need not, make such repairs and replacements, and Tenant shall pay Landlord bear the full cost thereof, including a percentage of any repair or replacement to any part of the cost thereof (to be uniformly established for Building or Project that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samePremises.

Appears in 1 contract

Samples: Lease Agreement (Volterra Semiconductor Corp)

Tenant’s Repairs. Subject to Landlord’s repair 's obligations in Sections 7.2 Paragraph 2(a) and 11.1 belowParagraph 10, Tenant shalland subject to Paragraphs 9 and 15, Tenant, at Tenant’s own its expense, keep the Premisesshall repair, including all improvements, fixtures replace and furnishings therein, maintain in good ordercondition all portions of the Premises and all areas, repair improvements and condition at all times during systems exclusively serving the Lease Term, which repair obligations shall includePremises including, without limitation, the obligation to promptly concrete floors, dock and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, loading areas together with all portions dock-related equipment including but not limited to dock bumpers, dock plates and/or levelers, and seals, truck doors, plumbing, water and sewer lines up to points of common connection, entries, doors, ceilings, windows, interior walls and the HVACinterior side of demising walls. Except to the extent made the obligation of Landlord pursuant to Paragraph 10(a) above, Tenant shall also repair, replace and maintain in good condition the mechanical, electrical, mechanical fire-life safety, plumbing, life safety and lab HVAC systems from the point that such systems solely serves installed or furnished by Landlord serving the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as collectively, the “Premises Building Systems”). Heating, in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep ventilation and air conditioning systems and other Building Systems exclusively serving the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not contractors under such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory subject to Landlord’s prior reasonable approval. Tenant shall also deliver to Landlord in its sole discretionquarterly reports from such contractors with respect to Tenant’s maintenance obligations under this Lease. Upon Landlord’s request, who Tenant shall have not less than deliver to Landlord a copy of any or all of the foregoing maintenance service contracts.] If Tenant fails to perform any repair or replacement for which it is responsible, Landlord may perform such work and be reimbursed by Tenant within ten (10) years days after receipt of experience in maintaining such systems in biotechnical facilitieswritten demand therefor. Subject to Paragraphs 9 and 15, Tenant shall be solely responsible for bear the full cost of all interior nonstructural improvements any repair or alterations replacement to any part of the Building or Exterior Premises or the Premises Systems required that results from damage caused by law. Notwithstanding the foregoingTenant, at Landlord’s optionits agents, contractors, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs invitees and replacements, and Tenant shall pay Landlord any repair that benefits only the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samePremises.

Appears in 1 contract

Samples: Lease (Bloom Energy Corp)

Tenant’s Repairs. Subject to Landlord’s repair obligations Section 13 hereof (and except as otherwise expressly set forth in Sections 7.2 and 11.1 belowthe fourth paragraph of Section 2 of this Lease), Tenant shallTenant, at Tenant’s own its expense, keep shall repair, replace and maintain in good condition all portions of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall includeincluding, without limitation, entries, doors, ceilings, interior windows, interior walls, and the obligation to promptly interior side of demising walls. Such repair and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall replacement may include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, when necessary Landlord shall give Tenant notice of such failure. If Tenant fails to keep commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the Premises costs of such cure from Tenant. Subject to Sections 17 and all improvements thereon 18, Tenant shall bear the full uninsured cost of any repair or a replacement to any part thereof and of the Premises Systems in first-class order, condition and repair and in compliance with all applicable lawsProject that results from damage caused by Tenant or any Tenant Party. Except as expressly set forth Notwithstanding anything to the contrary contained in this Lease, it as of the Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall, during any period that Tenant is intended by responsible for the parties hereto that Tenant Maintenance Obligations, continue, as part of Operating Expenses (except as otherwise expressly excluded from Operating Expenses pursuant to Section 5), to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have no the right, but not the obligation, in any manner whatsoever, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 business days after receipt of such notice (unless the nature of such repair or maintain the Premisesmaintenance is such that longer than 10 business days is reasonably required to cure, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of in which obligations are intended to be the expense of case Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Termadditional time so long as Tenant is diligently pursuing such cure). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same.

Appears in 1 contract

Samples: Lease Agreement (Mirati Therapeutics, Inc.)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 belowSection 13 hereof, Tenant shallTenant, at Tenant’s own its expense, keep shall repair, replace and maintain in good condition (subject to normal wear and tear, casualty and condemnation) all portions of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall includeincluding, without limitation, entries, doors, ceilings, interior windows, interior walls, and the obligation interior side of demising walls. Should Tenant fail to promptly make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 30 days of Landlord’s notice, and adequately thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant for the actual costs incurred by Landlord with respect thereto within 30 days after Tenant’s receipt of a reasonably detailed invoice; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the actual costs of such cure from Tenant within 30 days after written demand therefor. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair all or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Landlord shall use reasonable efforts to minimize interference with Tenant’s operations in the Premises during the performance of repair and maintenance of the Premises pursuant to this Section 14. Notwithstanding anything to the Premises contrary contained herein, Tenant shall not be required to perform or construct any capital repairs or replacements, but Tenant shall be required to pay for capital repairs and replace replacements performed or repair all damaged or broken fixtures and appurtenances, together constructed by Landlord in accordance with all portions the other provisions of this Lease. Notwithstanding anything to the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth contrary contained in this Lease, it as of the Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall, during any period that Tenant is intended by responsible for the parties hereto that Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have no the right, but not the obligation, in any manner whatsoever, to repair or maintain provide Tenant with written notice thereof and to assume the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or Maintenance Obligations if Tenant does not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). cure Tenant’s maintenance failure within 10 days after receipt of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samenotice.

Appears in 1 contract

Samples: Lease Agreement (Singular Genomics Systems, Inc.)

Tenant’s Repairs. Subject to Landlord’s repair obligations (i) Except as expressly provided in Sections 7.2 Subparagraphs 8.E. and 11.1 below10.A. above, Paragraphs 14 and 15 below and the Improvement Agreement, Tenant shall, at Tenant’s own expenseits sole cost, keep and maintain the Premisesentire Premises and every part thereof, including without limitation, the windows, window frames, plate glass, glazing, skylights, truck doors, doors and all improvementsdoor hardware, fixtures the interior walls and furnishings thereinpartitions, interior surfaces of exterior walls, carpets, flooring, roofing, roof membrane, gutters, down spouts, the electrical, plumbing, lighting, heating, ventilating and air conditioning systems and equipment, and all areas outside the Buildings (including all landscaping, irrigation systems, paving, driveways, parking areas, sidewalks, fences, signs and exterior lighting) in good order, repair condition and condition repair. The term "repair" shall include replacements, restorations and/or renewals when necessary as well as painting. Except as expressly provided in Subparagraphs 8.E. and 10.A. above, Paragraphs 14 and 15 below and the Improvement Agreement, Tenant's obligation shall extend to all alterations, additions and improvements to the Premises, and all fixtures and appurtenances therein and thereto. Tenant shall, at all times during the Lease Term, have in effect a service contract for the maintenance of the heating, ventilating and air conditioning ("HVAC") equipment with an HVAC repair and maintenance contractor reasonably approved by 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 provide Landlord with a copy of such contract and all periodic service reports. Landlord shall assign to Tenant for the Lease Term the benefit of all warranties available to Landlord which repair would reduce the cost of performing the obligations of Tenant to make repairs under this Subparagraph 10.B. Landlord shall include, without limitation, cooperate with Tenant in the obligation to promptly and adequately repair all damage enforcement of such warranties. Notwithstanding anything to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth contrary in this Lease, it is intended by the parties hereto that Landlord Tenant shall have no obligationresponsibility to perform or construct, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairsrepair, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance improvement that Landlord is required to perform pursuant to any other term of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises this Lease or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameImprovement Agreement.

Appears in 1 contract

Samples: Lease Agreement (Auspex Systems Inc)

Tenant’s Repairs. Subject Tenant has leased the Demised Premises from Landlord after a full and complete examination of its physical condition, as well as the title thereto and knowledge of its present uses and the uses permitted and not permitted under the provisions of this Lease or under applicable laws. Tenant accepts the Demised Premises in the condition or state in which it now is without any representation or warranty, express or implied, in fact or by law, by Landlord and without recourse to Landlord’s repair obligations , as to the title thereto, the nature, physical condition or usability thereof or the use or uses to which the Demised Premises or any part thereof may be put. Except as otherwise provided in Sections 7.2 the immediately following paragraph, Landlord shall not be required to furnish any services or facilities or to make any repairs or alterations in or to the Demised Premises at any time during the Term and 11.1 belowTenant hereby assumes the full and sole responsibility for the condition, Tenant shallconstruction, at Tenant’s own expenseoperation, keep repair, demolition, replacement, maintenance and management of the Demised Premises, including but not limited to the performance of all improvementsburdens running with the Land as of the date hereof. Tenant, fixtures at its sole cost and furnishings thereinexpense, shall take good care of the Demised Premises and shall keep the same in good orderorder and condition, repair and condition at shall make all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly structural and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions non-structural repairs of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner nature whatsoever, to repair or maintain the Premisesinterior and exterior, the improvements located therein or the equipment thereinordinary as well as extraordinary, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by lawforeseen as well as unforeseen. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same.shall

Appears in 1 contract

Samples: Transcrypt International Inc

Tenant’s Repairs. At Tenant's expense as provided in Section 6, Landlord shall maintain in good repair and condition the Non-Solar Roof (including the roof membrane), parking areas and other Common Areas of the Building. Subject to Landlord’s repair 's obligations in Section 11 (without limitation, structural walls), and subject to Sections 7.2 10 and 11.1 below16, Tenant shallTenant, at Tenant’s own its expense, keep the Premisesshall maintain repair, including all improvements, fixtures and furnishings therein, replace in good orderworking order all areas, repair improvements and condition at all times during systems exclusively serving the Lease TermPremises that are not the responsibility of Landlord, which repair obligations shall includeincluding, without limitation, dock and loading areas, dock doors, dock equipment, plumbing, water and sewer lines up to points of common connection, entries, doors, ceilings, windows, the obligation to promptly heating, ventilation, and adequately repair all damage to air conditioning units serving the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises SystemsHVAC”), in a first-class condition. Tenant’s and interior walls, which repair and replacement obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life repairs whose benefit may extend beyond the Term, when necessary to keep Expiration Date. The HVAC systems serving the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating Exhibit C to this Lease. The scope of services and maintenance procedures. Such contractors under such maintenance contracts shall be reasonably approved by Landlord. If Tenant fails to perform any Tenant maintenance, repair, or replacement required under this Lease within 30 days from written notice to Tenant, Landlord may perform such work and Tenant shall reimburse Landlord for such costs actually incurred by Landlord within 30 days after demand along with reputable contractors, satisfactory to Landlord in its sole discretion, who a 5% administrative fee. 13. Tenant-Made Alterations and Trade Fixtures. Tenant shall have the right to make alterations, additions, or improvements to the Premises ("Tenant-Made Alterations"), which are with respect to the interior of the Premises, do not less than impact the structure of the Building, and the cost of which does not exceed $250,000 in the aggregate during a calendar year, without Xxxxxxxx's consent; provided Tenant provides Landlord with a written notice of such Tenant- Made Alterations containing reasonably complete information regarding such Tenant-Made Alterations. All other Tenant-Made Alterations shall require Landlord’s prior written consent, and reasonable approval of the plans, not to be unreasonably withheld, delayed or conditioned provided such alteration does not impact the structure of the Building, modify the exterior of the Building, or modify the utility or mechanical systems of the Project. Landlord shall use commercially reasonable efforts to respond within ten (10) years business days to any request by Tenant for approval of experience in maintaining any such systems in biotechnical facilitiesTenant-Made Alteration. Tenant shall be solely responsible for to ensure that all Tenant-Made Alterations comply with Legal Requirements and are constructed in a good and workmanlike manner by reputable contractors. Tenant shall provide Landlord with the cost names of all interior nonstructural improvements contractors performing work or alterations supplying materials prior to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacementsbeginning construction, and Landlord may post notices of non-responsibility at the Premises. Tenant shall pay Landlord the cost thereofcause its contractor completing Tenant-Made Alterations to provide certificates of insurance for worker's compensation, including a percentage waiver of subrogation in favor of Landlord Parties, and commercial general liability in an amount equal to USD$2,000,000, including a provision of additional insured status for Landlord Parties. Upon completion of any Tenant-Made Alterations, Tenant shall deliver to Landlord final lien waivers from all contractors and subcontractors who provided services for the Tenant-Made Alterations. Upon surrender of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Premises, Tenant shall remove all Tenant-Made Alterations and any improvements constructed by Tenant, unless Landlord for all overhead, general conditions, fees and other costs or expenses arising notifies Tenant that they shall remain as Landlord's property. Tenant shall repair any damage resulting from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same.removal. Upon Tenant's

Appears in 1 contract

Samples: Virco MFG Corporation

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at Tenant’s own expense, keep the PremisesBuilding, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorationsmaintenance, replacements repair and replacement responsibilities herein referred to include, but are not limited to, janitorial service, plumbing systems within or renewalsserving the Premises (such as water and drain lines, sinks), mechanical systems and electrical systems within the Premises (such as outlets, lighting fixtures, lamps, bulbs, tubes, ballasts), and all interior improvements within the Premises including but not limited to wall coverings, window coverings, acoustical ceilings, tile, carpeting, flooring, partitioning, doors (both interior and exterior, including capital expenditures for restorationsclosing mechanisms, replacements or renewals which will have an expected life beyond the Termlatches and locks), when necessary to keep the Premises skylights (if any), and all other interior improvements thereon or a part thereof and of any nature whatsoever. With respect to the Premises Systems kitchen area, Tenant shall maintain air filtration devices in first-class order, good condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Leasea manner that does not permit smoke, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, fumes or odors to repair or maintain the Premises, the improvements located therein disturb neighboring properties or the equipment therein, or the nonstructural aspects general public. Areas of the Premises Systems, all of which obligations are intended to excessive wear shall be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). replaced at Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by lawexpense upon Lease termination. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make any such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overheadthe cost of the same. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Lease, general conditionsin the event any maintenance, fees repair and/or replacement responsibility of Tenant would require Tenant to incur a capital expenditure pursuant to generally accepted accounting practices, then at Tenant’s request, Landlord shall perform such work and other costs or expenses arising from Landlord’s involvement the cost thereof shall be passed through as an Operating Expense in accordance with such repairs Section 4.2.1(xiii) above, and replacements forthwith upon being billed for sameTenant shall pay to Landlord each month the monthly amortized amount (with interest) over the remaining term of this Lease.

Appears in 1 contract

Samples: Lease (Hippo Holdings Inc.)

Tenant’s Repairs. Landlord, the cost of which shall be an Operating Expense as provided in Paragraph 6, shall maintain in good repair and condition the roof and roof membrane, parking areas and other common areas of the Building, including, but not limited to driveways, alleys, landscape and grounds surrounding the Premises; provided however, that during the Initial Lease Term, all replacements of the roof or roof membrane at the Building shall be at Landlord's expense. Subject to Landlord’s repair obligations 's obligation in Sections 7.2 Paragraph 10 and 11.1 belowsubject to Paragraphs 9 and 15, Tenant shallTenant, at Tenant’s own its expense, keep the Premisesshall repair, including all improvements, fixtures replace and furnishings therein, maintain in good ordercondition all non-structural portions of the Premises and all areas, repair improvements and condition at all times during systems exclusively serving the Lease Term, which repair obligations shall includePremises including, without limitation, the obligation to promptly dock and adequately repair all damage to loading areas, truck doors, plumbing, water and sewer lines exclusively serving the Premises up to points of common connection (provided however, that Landlord, at Tenant's expense, shall maintain and replace or repair all damaged or broken fixtures such plumbing, water and appurtenances, together with all portions sewer lines which are outside the perimeter of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”Building), in a first-class conditioninterior fire sprinklers and fire protection systems or those systems that exclusively serve the Premises, entries, doors, ceilings, windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems. Tenant’s obligations shall Such repair and replacements include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life and repairs whose benefit may extend beyond the Term. Heating, when necessary to keep ventilation and air conditioning systems and other mechanical and building systems servicing the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant or, at Landlord's election, by Landlord. The scope of services and all improvements thereon or a part thereof and the Premises Systems in first-class ordercontractors under such maintenance contracts shall be reasonably approved by Landlord. At Landlord's request, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into a joint maintenance agreement with any railroad that services the Premises. If Tenant fails to perform any repair or replacement for which it is responsible after thirty (30) days notice from Landlord of such repairs, then Landlord may perform such work and pay for maintenance contracts (in forms satisfactory be reimbursed by Tenant within 10 days after demand therefor; provided however, that if such failure to Landlord in repair creates an emergency condition, a threat to health or safety, a hazardous condition, such repairs are necessary due to weather conditions, or such failure to repair unreasonably interferes with another tenant's use of the Building or Project, then no notice prior to Landlord's repair is required. Subject to Paragraphs 9 and 15, Tenant shall bear the full cost of any repair or replacement to any part of the Building or Project that results from damage caused by Tenant, its sole discretion) for agents, contractors, or invitees and any repair that benefits only the Premises Systems in accordance but, with respect to repairs which may benefit only the manufacturers’ recommended operating Premises, repairs to the roof, fire sprinklers and maintenance procedures. Such maintenance contracts fire protection system shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilitiespaid by Tenant as an Operating Expense. Tenant shall be solely responsible not pay for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samewhich exclusively benefit another tenant's premises.

Appears in 1 contract

Samples: Lease Agreement (Americas Shopping Mall Inc)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at Tenant’s own expense, keep the PremisesPremises and all building systems located therein, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances. Landlord reserves the right, together with all portions following written notice to Tenant, to perform any of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point foregoing maintenance or repair obligations or require that such systems solely serves the Premises and obligations be performed by a contractor approved by Landlord, all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. at Tenant’s obligations expense. All work shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems performed in accordance with the manufacturers’ recommended operating rules and maintenance proceduresprocedures described in Article 8. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if If Tenant fails to make such repairsany repairs to the Premises for more than thirty (30) days after notice from Landlord (although notice shall not be required if there is an emergency, or if the area to be repaired is visible from the exterior of the Building), Landlord may, but need notin addition to any other remedy available to Landlord, make such repairs and replacementsthe repairs, and Tenant shall pay Landlord the reasonable cost thereofof the repairs to Landlord, including a percentage together with an administrative charge in an amount equal to ten percent (10%) of the cost thereof of the repairs. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping and ventilation practices. Tenant acknowledges the necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. In signing this Lease, Tenant has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the Premises. Tenant agrees to immediately notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. Tenant relieves Landlord from any liability for any bodily injury or damages to property caused by or associated with moisture or the growth of or occurrence of mold or mildew on the Premises; provided, however, that Landlord, as part of its maintenance and repair obligations under Section 7.2 below, shall be uniformly established responsible for the Buildingremoval of any mold or mildew in the Premises and the repair of any damage caused thereby; provided further, however, that if any such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as additional rent, the reasonable cost of such maintenance and repairs, together with an administrative charge in an amount equal to ten percent (10%) sufficient of the cost of the repairs. In addition, execution of this Lease constitutes acknowledgment by Tenant that control of moisture and mold prevention are integral to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameits Lease obligations.

Appears in 1 contract

Samples: Terms of Lease (Intervoice Inc)

Tenant’s Repairs. Landlord, at Tenant's expense as provided in Paragraph 6, shall maintain in good repair and condition the parking areas and other common areas of the Building, including, but not limited to driveways, alleys, landscape and grounds surrounding the Premises. Subject to Landlord’s repair obligations 's obligation in Sections 7.2 Paragraph 10 and 11.1 belowsubject to Paragraphs 9 and 15, Tenant shallTenant, at Tenant’s own its expense, keep the Premisesshall repair, including all improvements, fixtures replace and furnishings therein, maintain in good ordercondition all portions of the Premises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems. Such repair and condition at replacements include capital expenditures and repairs whose benefit may extend beyond the Term; provided in all times during events Landlord shall complete such capital repairs and such capital expenditures shall be fully amortized in accordance with the Formula (defined hereafter) and reimbursed to Landlord over the remainder of the Lease Term, which repair obligations without regard to any extension or renewal option not then exercised. The "Formula" shall include, without limitationmean that number, the obligation to promptly numerator of which shall be the number of months of the Lease Term remaining after such capital expenditures, and adequately repair all damage the denominator of which shall be the amortization period (in months) equal to the Premises useful life of such repair or replacement multiplied by the cost of such capital expenditure or repair. Landlord shall pay for such capital expenditures and replace or repair all damaged or broken fixtures repairs and appurtenances, together with all portions Tenant shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the HVACOperating Expenses. In the event Tenant extends the Lease Term either by way of an option or negotiated extension, electricalsuch reimbursement by Tenant shall continue as provided above until such amortization period has expired. Heating, ventilation and air conditioning systems and other mechanical plumbing, life safety and lab building systems from the point that such systems solely serves exclusively serving the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred shall be maintained at Tenant's expense pursuant to as the “Premises Systems”)maintenance service contracts entered into by Tenant or, at Landlord's election, by Landlord, in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond case the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended costs of such contracts entered into by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects be included as an Operating Expense. The scope of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not services and contractors under such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilitiesreasonably approved by Landlord. Tenant shall be solely responsible for not utilize the cost of all interior nonstructural improvements or alterations rail service to the Premises or the Premises Systems required by lawBuilding. Notwithstanding the foregoing, at Landlord’s option, or if If Tenant fails to make such repairsperform any repair or replacement for which it is responsible, Landlord maymay perform such work and be reimbursed by Tenant within 10 days after demand therefor. Subject to Paragraphs 9 and 15, but need not, make such repairs and replacements, and Tenant shall pay Landlord bear the full cost thereof, including a percentage of any repair or replacement to any part of the cost thereof (to be uniformly established for Building or Project that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samePremises.

Appears in 1 contract

Samples: The Lease Agreement (American Apparel, Inc)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, The Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition shall at all times during the Lease Term, which repair obligations shall includeat its own cost and expense, without limitationrepair, maintain, operate and keep the obligation to promptly Leased Premises, all equipment, fixtures and adequately repair all damage mechanical systems (including heating, ventilating and air-conditioning systems) within the Leased Premises or elsewhere (if such equipment, fixtures or systems are provided for the use or benefit of the Leased Premises) and any improvements now or hereafter made to the Leased Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class good order, firstclass condition and repair (reasonable wear and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by tear and repairs which are the parties hereto that Landlord shall have no obligation, in any manner whatsoever, Landlord’s responsibility pursuant to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretionArticle 5.06 hereof only excepted) for the Premises Systems in accordance with the manufacturers’ recommended operating statutory building scheme registered against title to the Lands and maintenance procedures. Such maintenance contracts without limiting the generality of the foregoing, the Tenant shall, during the Term, cause such good management and care to be taken of the Leased Premises and various parts thereof that no injury to the same shall occur and all water closets, sinks, heating and air-conditioning and ventilating apparatus located in the Leased Premises shall be with reputable contractorsmaintained in a state of efficient and good working order. The Tenant shall decorate the Leased Premises in a manner and to a standard acceptable to or determined by the Landlord, satisfactory acting reasonably, and shall maintain such decorating to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilitiesstandards throughout the Term. The Tenant shall be solely responsible for all such maintenance, repairs, replacements and such decorating and shall promptly with due diligence, at its sole expense, carry out any and all of the cost foregoing. The Tenant shall be responsible for all janitorial services respecting the Leased Premises (including the washing of all interior nonstructural improvements or alterations windows therein, both inside and outside) so as to keep the Leased Premises or the Premises Systems required by lawin a clean and tidy condition. Notwithstanding the foregoingforegoing provisions of this Section 5.01, at Landlord’s optionif the Building is primarily used for office purposes, the task of repairing, maintaining and operating the heating, ventilating and air-conditioning systems and other building standard equipment and mechanical systems within or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant serving the Leased Premises shall pay Landlord be the cost thereof, including a percentage responsibility of the cost thereof Landlord (save only to be uniformly established the extent that any such equipment or systems are installed by or for the Buildingsole use of the Tenant) sufficient to reimburse Landlord for all overheadand the costs thereof shall form part of the HVAC Costs or Building Operation and Maintenance Costs, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameas the case may be hereunder.

Appears in 1 contract

Samples: VeriChip CORP

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 belowSection 13 hereof, Tenant shallTenant, at Tenant’s own its expense, keep shall repair, replace and maintain in good condition all interior portions of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall includeincluding, without limitation, entries, doors, ceilings, interior windows, interior walls, and the obligation interior side of demising walls. Should Tenant fail to promptly make any such repair or replacement or fail to maintain the Premises as required under this Section 14, Landlord shall give Tenant written notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s written notice, and adequately thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days following written demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair all or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party. Notwithstanding anything to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth contrary contained in this Lease, it as of the Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall, during any period that Tenant is intended by responsible for the parties hereto that Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have no the right, but not the obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of provide Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost written notice thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same.and

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Turning Point Therapeutics, Inc.)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions (to the extent accessible to Tenant) of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises SystemsSystems whether structural or nonstructural, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms reasonably satisfactory to Landlord, which may require, without limitation, that any third party contractor provide Landlord in its sole discretionwith evidence of insurance as reasonably required by Landlord) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, reasonably satisfactory to Landlord in its sole discretionLandlord, who shall have not less than ten (10) years of commercially reasonable experience in maintaining such systems in biotechnical facilities. Upon Landlord’s request, Tenant shall provide maintenance reports from any such contractors. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. In addition, in the event Tenant has not provided Landlord with evidence that Tenant has entered into such service contracts, Landlord reserves the right, upon notice to Tenant, to procure and maintain any or all of such service contracts, and if Landlord so elects, Tenant shall reimburse Landlord, upon demand, for the costs thereof. Tenant shall, no later than January 31st of each calendar year during the Term, provide to Landlord a copy of the budget for maintenance, repairs and replacements at the Premises for the preceding calendar year, as well as a detailed summary of the amounts actually expended by Tenant during such period for maintenance, repairs and replacements at the Premises.

Appears in 1 contract

Samples: Lease (Poseida Therapeutics, Inc.)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 belowSection 13 hereof, Tenant shallTenant, at Tenant’s own its expense, keep shall repair, replace and maintain in good condition (subject to normal wear and tear, casualty and condemnation) all portions of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall includeincluding, without limitation, entries, doors, ceilings, interior windows, interior walls, and the obligation interior side of demising walls. Should Tenant fail to promptly make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 30 days of Landlord’s notice, and adequately thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant for the actual costs incurred by Landlord with respect thereto within 30 days after Tenant’s receipt of a reasonably detailed invoice; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the actual costs of such cure from Tenant within 30 days after written demand therefor. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair all or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party. Landlord shall use reasonable efforts to minimize interference with Tenant’s operations in the Premises during the performance of repair and maintenance of the Premises pursuant to this Section 14. Notwithstanding anything to the Premises contrary contained herein, Tenant shall not be required to perform or construct any capital repairs or replacements, but Tenant shall be required to pay for capital repairs and replace replacements performed or repair all damaged or broken fixtures and appurtenances, together constructed by Landlord in accordance with all portions the other provisions of this Lease. Notwithstanding anything to the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth contrary contained in this Lease, it as of the Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall, during any period that Tenant is intended by responsible for the parties hereto that Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have no the right, but not the obligation, in any manner whatsoever, to repair or maintain provide Tenant with written notice thereof and to assume the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or Maintenance Obligations if Tenant does not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). cure Tenant’s maintenance failure within 10 days after receipt of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samenotice.

Appears in 1 contract

Samples: Lease Agreement (ONCOSEC MEDICAL Inc)

Tenant’s Repairs. Subject to Landlord’s 's repair obligations in Sections 7.2 and 11.1 belowpursuant to Section 7.1 above, Tenant shall, at Tenant’s 's own expense, keep the PremisesPremises (interior and exterior), including all improvements, fixtures fixtures, equipment and furnishings therein, the subfloors and floors, loading docks, doors and ramps, floor coverings, walls and wall coverings, doors, windows, glass, plate glass, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring appliances and devices using or containing refrigerants in good order, repair and condition and replace and/or repair any and all of the foregoing in a clean and safe manner at all times during the Lease Term. In addition, which repair obligations shall includeTenant shall, without limitationat Xxxxxx's own expense, but under the obligation supervision and subject to the prior approval of Landlord and Section 10.5 herein, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged damaged, broken, or broken worn fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety except for damage caused by ordinary wear and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements tear or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Termreasonable control of Tenant; provided however, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoingthat, at Landlord’s 's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the BuildingBuilding and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s 's involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the structural portions of the exterior walls (excluding wall coverings, paintings, glass and doors), foundation and roof of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Multi (Aehr Test Systems)

Tenant’s Repairs. Subject to Excluding the Landlord Services under Exhibit F hereto and Landlord’s 's repair obligations in Sections 7.2 and 11.1 belowunder Section 8.3 hereof, Tenant shallshall make and be responsible for (a) all maintenance, at Tenant’s own expense, keep repairs and replacements within the Demised Premises, including as and when needed, to preserve the Demised Premises (including, without limitation, Tenant's Property and all improvements, fixtures and furnishings therein, Improvements) in good orderworking order and condition; and (b) the maintenance, repair and condition at all times during replacement of the Lease Term, which repair obligations shall includeBuilding equipment and systems (including, without limitation, the obligation to promptly Building's and/or Tenant's HVAC systems, and adequately repair all damage the Building's roof and structural components), the need for which is actually caused by (i) the performance or existence of any alteration or modification to the Demised Premises and replace made by Tenant or repair all damaged those holding under Tenant, (ii) the installation, use, or broken operation of Tenant's Property or fixtures, (iii) the moving of Tenant's Property or fixtures and appurtenances, together with all portions in or out of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the PremisesBuilding, the improvements located therein Demised Premises or the equipment thereinComplex, or (iv) the nonstructural aspects negligence of or misuse by Tenant, those holding under Tenant, or Tenant's servants, employees, agents, invitees, or licensees. All repairs shall conform to the Premises Systems, all provisions of which obligations are intended Section 8.4 hereof and shall be at least equal in quality and class to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) standards then applicable for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance proceduresBuilding as reasonably established by Landlord. Such maintenance contracts shall be with reputable contractorsIf Tenant fails, satisfactory to Landlord in its sole discretion, who shall have not less than after ten (10) years days' notice by Landlord, to proceed with due diligence to make repairs required to be made by Tenant (except in an emergency, wherein Landlord may proceed immediately, if Tenant does not, immediately after notice, proceed to repair), the required repairs may be made by Landlord at the expense of experience in maintaining such systems in biotechnical facilities. Tenant Tenant, and the expenses of repairs incurred by Landlord shall be solely responsible reimbursed as Additional Rent immediately after submission of a bxxx or statement for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same.

Appears in 1 contract

Samples: Agreement (Playtex Products Inc)

Tenant’s Repairs. Subject to Landlord’s repair obligations the terms of Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in Sections 7.2 good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and 11.1 belowthe interior side of demising walls. Notwithstanding anything to the contrary contained herein, Landlord shall have the right to require that Tenant shallalso repair, replace and maintain, at Tenant’s own expense, keep any equipment located within the Premises and/or mechanical systems that exclusively serve the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s maintenance obligations under this Section 14 shall include restorationsthe procurement and maintenance of contracts, replacements or renewalsin form and substance reasonably satisfactory to Landlord, including capital expenditures with copies to Landlord upon Landlord’s written request, for restorationsand with contractors reasonably acceptable to Landlord. Notwithstanding anything to the contrary contained herein, replacements or renewals which will have an expected life beyond the Term, when necessary scope of work of any such contracts entered into by Tenant pursuant to keep this paragraph with respect to any equipment and/or mechanical systems serving the Premises and all improvements thereon or shall, at a part thereof and minimum, comply with manufacturer’s recommended maintenance procedures for the Premises Systems in first-class order, condition and repair and in compliance with all optimal performance of the applicable lawsequipment and/or systems. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in Should Tenant fail to make any manner whatsoever, to such repair or replacement or fail to maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects Landlord shall give Tenant notice of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term)failure. Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if If Tenant fails to make commence cure of such repairsfailure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord maymay perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, but need nothowever, make that if such repairs failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and replacementsshall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, and Tenant shall pay Landlord bear the full uninsured cost thereof, including a percentage of any repair or replacement to any part of the cost thereof (to be uniformly established for Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samePremises.

Appears in 1 contract

Samples: Lease Agreement (Verve Therapeutics, Inc.)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 belowunder Section 13 hereof, Tenant shallTenant, at Tenant’s own its expense, keep shall repair, replace and maintain in good condition all portions of the Premises, including including, without limitation, the Building Systems of the Premises along with all improvementsentries, fixtures doors, ceilings, interior windows, interior walls, and furnishings thereinthe interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises (excluding Landlord’s maintenance and repair obligations under Section 13 above), Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 business days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 30 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Repairs required as the result of fire, earthquake, flood, vandalism, war, or similar cause of damage or destruction shall be controlled by Section 18. Tenant’s obligation to maintain the Building Systems of the Premises in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises any and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”)required servicing, in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond and replacements. In addition, Tenant shall, at its expense, implement and strictly comply with (i) any maintenance program reasonably required by Landlord including, without limitation, maintaining service contracts with vendors reasonably acceptable to Landlord, and (ii) the Term)recommendations contained in any inspections reports obtained from time to time by Landlord and/or Tenant with respect to the Building and Building Systems. Tenant’s maintenance Tenant shall, upon written request from Landlord from time to time, provide Landlord with a written summary of the Premises Systems shall maintenance and other work undertaken by Tenant in order to comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years provisions of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samethis Section 14.

Appears in 1 contract

Samples: Lease Agreement (Verenium Corp)

Tenant’s Repairs. Subject to Landlord’s repair obligations a. Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in Sections 7.2 good condition, promptly making all necessary repairs and 11.1 below, Tenant shall, at Tenant’s own expense, keep the Premisesreplacements, including all improvementsbut not limited to, fixtures windows, glass and furnishings thereinplate glass, in good orderdoors, repair any special office entry, interior walls and condition at all times during finish work, floors (including the Lease Termconcrete flooring, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all except for damage to the Premises be repaired by Landlord set forth in Paragraph 5 above) and replace or repair all damaged or broken fixtures floor covering, downspouts, gutters, heating and appurtenancesair conditioning and ventilation systems, together with all portions dock boards, truck doors, dock bumpers, plumbing work and fixtures, termite and pest extermination, regular removal of the HVAC, electrical, mechanical plumbing, life safety trash and lab systems from the point that such systems solely serves the Premises debris. Such repairs and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall replacements may include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life and repairs whose benefit may extend beyond the Term, when necessary Term of this Lease. Notwithstanding anything to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly contrary set forth in this Lease, it is intended by Tenant shall not be required to replace the parties hereto that Landlord shall have no obligation, air conditioning in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects warehouse area of the Premises Systems, all of which obligations are intended (including the test area that is restored to be warehouse area) or to deliver the expense of Tenant air conditioning in the warehouse area (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond including the Term). Tenant’s maintenance test area that is restored to warehouse area) of the Premises Systems shall comply with in good working order at the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for end of the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Term; but Tenant shall be solely responsible for required to deliver the cost heating units in the warehouse area (including the test area that is restored to warehouse area) of all interior nonstructural improvements or alterations to the Premises or in good working order. Further, Tenant shall be entitled to use air the conditioning units in the warehouse and test areas of the Premises Systems required by lawand components and parts in such air conditioning units to repair and/or replace the air conditioning units in the office area of the Premises; provided that the foregoing shall not diminish or affect Tenant's obligation to deliver the heating units in the warehouse area of the Premises (including the test area that is restored to warehouse area) in good working order. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and In Tenant shall pay Landlord not be obligated to repair any damage caused by fire, tornado or other casualty covered by the cost thereof, including a percentage of the cost thereof (insurance to be uniformly established for the Buildingmaintained by Landlord pursuant to subparagraph 12(a) sufficient below, except that Tenant shall be obligated to reimburse Landlord for repair all overhead, general conditions, fees and other costs wind damage to glass except with respect to tornado or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samehurricane damage.

Appears in 1 contract

Samples: Lease Agreement (Somera Communications Inc)

Tenant’s Repairs. Subject to and except for the items which are Landlord’s repair obligations in Sections Section 7.2 and 11.1 subject to the provisions of Articles 11 and 13 below, Tenant shall, at Tenant’s own expense, keep the PremisesPremises and all portions thereof which were not constructed or installed by or on behalf of Landlord as part of the Base, Shell and Core, including all improvements, fixtures fixtures, equipment and furnishings thereinin the Premises (including, without limitation, all non-Base, Shell and Core systems and equipment within the Premises, including all components and equipment and systems providing distribution from the Base, Shell and Core systems and equipment), in good first-class order, condition and repair and condition at all times during the Lease Term, except for ordinary wear and tear and casualty damage which is not specifically made the responsibility of Tenant under this Lease. In connection with such repair obligations obligations, Tenant shall, at Xxxxxx’s own expense but subject to the prior approval of Landlord to the extent required under Article 8 (which approval shall includenot be unreasonably withheld, without limitationconditioned or delayed), the obligation to and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances; provided however, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairsrepairs within thirty (30) days after notice from Landlord and after Landlord has notified Tenant of its intention to do so (or immediately in case of emergency and without notice required from Landlord to Tenant), Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord to Landlord, within thirty (30) days after invoice, the cost actual, reasonable and documented costs thereof, plus an administration fee equal to three percent (3%) of such costs. Landlord may, but shall not be required to, enter the Premises (but except during emergencies if absolutely required to respond to such emergency, Landlord may not enter Secured Areas, as defined in 23.2 of this Lease) at all reasonable times, and upon at least two (2) business days’ prior notice to Tenant (or with such notice as is reasonable under the circumstances, including a percentage telephonic notice, in cases of emergency), to make such repairs, alterations, improvements and additions to the cost thereof (Premises or to the Building or to any equipment located in the Building as shall be uniformly established necessary or desirable in connection with the first-class management and operation standards for the Building) sufficient Building set forth herein, and/or as may be required for Landlord to reimburse comply with the provisions of this Lease and/or as may be required by applicable Laws and/or governmental or quasi-governmental authority or court order or decree. Landlord for all overhead, general conditions, fees shall use commercially reasonable efforts to minimize interference with Xxxxxx’s use of and other costs or expenses arising from Landlordaccess to the Premises during Xxxxxxxx’s involvement with entry into the Premises to perform such repairs and replacements forthwith upon being billed for samework pursuant to the foregoing provisions of this Section 7.1.

Appears in 1 contract

Samples: Sublease Agreement (Intuit Inc)

Tenant’s Repairs. Subject Except as expressly provided in Subparagraph A above and subject to Landlord’s repair obligations in Sections 7.2 Paragraphs 15 and 11.1 16 below, Tenant shall, at its sole cost, keep and maintain the entire Premises and every part thereof in the same condition as delivered to Tenant by Landlord, ordinary wear and tear excepted, including without limitation the exterior walls, roof, specialized or supplemental shell and core improvements, specialized roof reinforcement improvements, roof membrane, the windows, window frames, plate glass, glazing, skylights, truck doors, doors and all door hardware, the walls and partitions, parking areas, exterior landscaping, and the electrical, plumbing, lighting, heating, ventilating and air conditioning systems and equipment. The term "repair" shall include replacements, restorations and/or renewals when necessary as well as painting. Tenant’s own 's obligation shall extend to all Tenant Improvements installed by Tenant and alterations, additions and improvements to the Premises and Tenant Improvements, and all fixtures and appurtenances therein and thereto. Landlord hereby assigns to Tenant for the Term of this Lease all of its rights and interests under all manufacturer and installation warranties covering the heating, ventilation and air conditioning ("HVAC") equipment or other fixtures or personal property within the Premises and agrees to reasonably cooperate, at no cost to Landlord, with Tenant in enforcing such warranties. Should Tenant fail to commence making repairs required of Tenant hereunder forthwith upon thirty (30) days notice from Landlord or should Tenant fail thereafter to diligently complete the repairs, Landlord, in addition to all other remedies available hereunder or by law and without waiving any alternative remedies, may make the same, and in that event, Tenant shall reimburse Landlord as additional rent for the cost of such maintenance or repairs within thirty (30) days of written demand by Landlord. In the event that Tenant is required to effect repairs or replacements to any portion of the Premises or Tenant Improvements (or to any alterations, additions or improvements to any of portion of the Premises or Tenant improvements) or to any portion of the Expansion Project, then, to the extent Tenant is permitted or required under this Lease to make such repairs or replacements, the same shall be made at Tenant's sole cost and expense. Landlord shall have no maintenance or repair obligations whatsoever with respect to the Premises except as expressly provided in Paragraphs 11.A. Anything herein to the contrary notwithstanding, the parties hereto acknowledge and agree that Landlord shall not be responsible or liable for the maintenance or repair of any portion of the Expansion Project; it being understood and agreed that Tenant, at its sole cost and expense, keep shall maintain the Premises, including Expansion Project and all improvements, fixtures and furnishings therein, portions thereof in good order, repair and safe condition at all times during the Lease Term. Should Tenant fail to maintain the Expansion Project or any portion thereof or fail to commence making repairs required of Tenant hereunder forthwith upon thirty (30) days notice from Landlord or should Tenant fail thereafter to diligently complete the repairs, which repair obligations Landlord, in addition to all other remedies available hereunder or by law and without waiving any alternative remedies, may make the same, and in that event, Tenant shall include, without limitation, reimburse Landlord as additional rent for the obligation to promptly cost of such maintenance or repairs within thirty (30) days of written demand by Landlord. Tenant hereby expressly waives the provisions of Subsection I of Section 1932 and adequately repair all damage to the Premises Sections 1941 and replace or repair all damaged or broken fixtures and appurtenances, together with all portions 1942 of the HVACCivil Code of California and all rights to make repairs at the expense of Landlord as provided in Section 1942 of said Civil Code. There shall be no allowance to Tenant for diminution of rental value, electricaland no liability on the part of Landlord by reason of inconvenience, mechanical plumbing, life safety and lab systems annoyance or injury to business arising from the point that such systems solely serves making of any repairs, alterations, decorations, additions or improvements in or to any portion of the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”)Total Project, in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein Buildings, the Tenant Improvements or the equipment thereinLand (or any of the areas used in connection with the operation thereof, or the nonstructural aspects in or to any fixtures, appurtenances or equipment), or by reason of the Premises Systems, all of which obligations are intended to be the expense negligence of Tenant (whether or not such repairs, maintenance any other tenant or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance occupant of the Premises Systems Land. Landlord shall comply with use reasonable efforts to minimize the manufacturers’ recommended operating and maintenance proceduresdisruption to Tenant's business resulting from such activities by Landlord or its Agents. In no event shall Landlord be responsible for any consequential damages arising or alleged to have arisen from any of the foregoing matters. Tenant hereby agrees that Landlord shall enter into and pay not be liable for maintenance contracts (in forms satisfactory injury to Landlord in its sole discretion) Tenant's business or any loss of income therefrom or for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations damage to the Premises goods, wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers, or any other person in or about the Total Project or any portion thereof, nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or contractors whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the said damage or injury results from any other cause, whether the said damage or injury results from conditions arising upon the Total Project or upon any portion thereof, or from other sources or places and regardless of whether the cause of such damage or injury or the Premises Systems required by lawmeans of repairing the same is inaccessible to Tenant. Notwithstanding Landlord shall not be liable for any damages arising from any act or neglect of any other tenant, if any, of the foregoing, at Landlord’s optionTotal Project, or if Tenant fails to make such repairsany portion thereof However, the provisions of this paragraph shall not apply in the event of the negligence or willful misconduct of Landlord mayor its Agents, but need not, make such repairs and replacements, and Tenant in no event shall pay Landlord the cost thereofbe liable for consequential damages, including a percentage without limitation, lost profits or loss of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samebusiness.

Appears in 1 contract

Samples: Lease Agreement (New Focus Inc)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 belowSection 13 hereof, Tenant shallTenant, at Tenant’s own its expense, keep shall repair, replace and maintain in good condition all portions of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall includeincluding, without limitation, entries, doors, ceilings, interior windows, interior walls, and the obligation interior side of demising walls. Should Tenant fail to promptly make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 business days of Landlord’s notice, and adequately thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 business days after demand therefor; provided, however, that if such failure by Xxxxxx creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair all or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth contrary contained in this Lease, it as of the Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Xxxxxxxx’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Upon Xxxxxx’s written request, Landlord shall cooperate with Tenant to determine the manufacturer’s recommended maintenance procedures with respect to equipment for which Tenant is intended by responsible under this paragraph. Landlord shall, notwithstanding anything to the parties hereto contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Xxxxxx is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have no the right, but not the obligation, in any manner whatsoever, to repair or maintain provide Tenant with written notice thereof and to assume the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or Maintenance Obligations if Tenant does not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). cure Tenant’s maintenance failure within 10 days after receipt of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samenotice.

Appears in 1 contract

Samples: Lease Agreement (RayzeBio, Inc.)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 During the Term and 11.1 belowany Term Extension, Tenant shall, at Tenant’s own expense, shall keep all components of the Premises, including all improvements, fixtures Premises and furnishings therein, the Project in good order, condition, and repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage (to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions extent the need for such repairs occurs as a result of Tenants use of the HVACportion of the Premises or Project requiring repairs), electricalreasonable wear and tear and Construction Defects excluded, mechanical including, but not limited to, all equipment or facilities, such as plumbing, life safety heating, ventilation, and lab systems from the point that such systems solely serves the Premises air-conditioning (“HVAC”), electrical and all portions of all fume hoods lighting facilities, boilers, pressure vessels, fire protection systems, fixtures, exterior and other exhaust systems interior walls, foundations, ceilings, roofs, floors, windows, doors, plate glass, landscaping and irrigation systems, driveways and parking areas, fences, retaining walls, signs, and sidewalks (all such systems collectively being referred to as the Premises Building Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewalsreplacements, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond when necessary. During the TermTerm and any Term Extension, Tenant also shall keep the exterior appearance of the Greenhouse in a condition consistent with the exterior appearance of other substantially similar facilities of comparable age and size (“Similar Facilities”) located within the area commonly known as the “1-40/RTP sub-market’ (the “Sub-Market”), including, when necessary to keep necessary, the exterior sealing, resealing, or repainting of the Greenhouse. Tenant, in keeping the Premises and all improvements thereon or a part thereof and the Premises Systems Project in first-class good order, condition condition, and repair repair, shall exercise and in compliance perform good maintenance practices, specifically including the procurement and maintenance of service contracts, with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligationcopies to Landlord, in customary form and substance for, and with contractors specializing and experienced in the maintenance of, the following Building Systems (the “Service Contracts”): (i) HVAC, (ii) boilers and pressure vessels, (iii) fire protection systems, (iv) landscaping and irrigation systems, (v) roof covering and drains, (vi) driveways and parking areas, (vii) basic Utilities feeds to the perimeter of the Greenhouse, and (viii) any manner whatsoever, other Building Systems reasonably required by Landlord. Tenant’s obligations under this Section shall be at Tenant’s sole cost and expense. If Tenant fails to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects any portion of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems Project as required by law. Notwithstanding the foregoing, at Landlord’s option, under this Section within 15 days after Landlord gives Tenant written demand to so repair or if Tenant fails to make such repairsmaintain, Landlord may, but need not, make may perform such repairs work and replacements, the reasonable and Tenant shall pay Landlord the cost thereof, including a percentage of the necessary cost thereof (shall be payable to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs on demand as Additional Rent or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameincludable by Landlord as an Operating Expense.

Appears in 1 contract

Samples: Lease Agreement (Icoria, Inc.)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions (to the extent accessible to Tenant) of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises SystemsSystems whether structural or nonstructural, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms reasonably satisfactory to Landlord, which may require, without limitation, that any third party contractor provide Landlord in its sole discretionwith evidence of insurance as reasonably required by Landlord) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, reasonably satisfactory to Landlord in its sole discretionLandlord, who shall have not less than ten (10) years of commercially reasonable experience in maintaining such systems in biotechnical facilities. Upon Landlord’s request, Tenant shall provide maintenance reports from any such contractors. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. In addition, in the event Tenant has not provided Landlord with evidence that Xxxxxx has entered into such service contracts, Landlord reserves the right, upon notice to Tenant, to procure and maintain any or all of such service contracts, and if Landlord so elects, Tenant shall reimburse Landlord, upon demand, for the costs thereof. Tenant shall, no later than January 31st of each calendar year during the Term, provide to Landlord a copy of the budget for maintenance, repairs and replacements at the Premises for the preceding calendar year, as well as a detailed summary of the amounts actually expended by Tenant during such period for maintenance, repairs and replacements at the Premises.

Appears in 1 contract

Samples: Sublease (Assembly Biosciences, Inc.)

Tenant’s Repairs. Subject Landlord shall maintain in good repair and condition all parts of the Premises and the parking areas, driveways, alleys, spur tracks, and landscape and grounds surrounding the Premises. Such maintenance shall be at Tenant's cost and expense except as to Landlord’s repair obligations in Sections 7.2 and 11.1 belowthose repairs for which Landlord is responsible under Paragraph 10. If Tenant leases less than the entire Project, Tenant shall, shall only be responsible for its Proportionate Share of the costs of maintaining any items outside its Premises. Landlord shall at Tenant’s own expense, keep 's expense maintain the heating and air conditioning and other mechanical systems and components of the Premises, including lighting, electrical systems, and plumbing lines and equipment. Tenant shall reimburse Landlord for all improvementssuch costs and expenses in accordance with the provisions of Paragraph 6 above, fixtures except to the extent such repairs and furnishings therein, in good order, repair replacements are covered by insurance on the Project under policies naming Landlord as the insured. Landlord may at any time upon Tenant's prior written consent which shall not be unreasonably withheld require Tenant to assume the maintenance and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, paragraph as they relate to repair or maintain the Premises. In such case, the improvements located therein or the equipment thereinTenant, or the nonstructural aspects of the Premises Systemsat its own cost and expense, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and deliver to Landlord maintenance service contracts reasonably acceptable to Landlord with a contractor(s) approved by Landlord for hot water, heating and air conditioning, and other mechanical systems and equipment within or serving the Premises. The service and maintenance contract(s) must include all services required by Landlord and must become effective within 30 days after Landlord's request. In the event Tenant does not so deliver the service contract(s), Landlord shall have the right to contract for said service upon 48 hours prior written notice to Tenant, and Tenant shall upon demand reimburse Landlord for the full cost thereof. Subject to the provisions of Paragraphs 9 and 15, Tenant shall repair and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations any damage to the Premises or the Premises Systems required Project caused by law. Notwithstanding the foregoingTenant or Tenant's employees, at Landlord’s optionagents, or if Tenant fails to make such repairsinvitees, Landlord mayor caused by Tenant's default hereunder, but need not, make such repairs reasonable wear and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sametear excepted.

Appears in 1 contract

Samples: Lease Agreement (Phase Metrics Inc)

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures and furnishings thereintherein and all heating, ventilating, air conditioning, electrical and utility systems that are located within or exclusively serve the Premises, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, which repair obligations shall includenot be unreasonably withheld, conditioned or delayed, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitationlimitation Article 8 hereof, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged damaged, broken, or broken worn fixtures and appurtenances, together with all portions of except for damage caused by casualty to, or condemnation of, the HVACPremises, electricaland ordinary wear and tear; provided however, mechanical plumbing, life safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligationthe exclusive right, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the nonstructural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the cost of all interior nonstructural improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, exercisable at Landlord’s option, or if Tenant fails but not the obligation, upon reasonable prior notice to make such repairsTenant, Landlord may, but need not, to make such repairs and replacementsreplacements in the event Tenant fails to timely do so, and Tenant shall pay to Landlord the reasonable cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith within thirty (30) days following Landlord’s delivery to Tenant of an invoice therefor, together with reasonable back-up documentation. Landlord may, but shall not be required to, enter the Premises at all reasonable times upon being billed for samereasonable prior notice to Tenant (which may be oral and which shall not be required in cases of emergency) to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Office Lease (Forrester Research, Inc.)

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