Common use of Tenant’s Repairs Clause in Contracts

Tenant’s Repairs. The Tenant covenants with the Landlord: (a) to keep in a good and reasonable state of repair and consistent with the general standards of comparable commercial buildings in the City of Burnaby, but subject to Section 6.03(b) the Leased Premises including all Leasehold Improvements, and leasehold improvements installed in the Leased Premises by the Landlord or by previous tenants, and all trade fixtures including all glass portions of exterior and demising walls, but with the exception of structural members or elements of the Leased Premises and defects in construction performed or installations made by the Landlord and Insured Damage therein; (b) that the Landlord may enter and view the state of repair, and that the Tenant will repair according to notice in writing, and that the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a); (c) that if any part of the Building including the systems for heating, ventilating, air conditioning and interior climate control and for the provision of utilities becomes out of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this Lease.

Appears in 3 contracts

Samples: Lease (Spectrum Signal Processing Inc), Lease Agreement (Infowave Software Inc), Lease Agreement (Infowave Software Inc)

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Tenant’s Repairs. The Tenant covenants with the Landlord: (a) at its sole cost to keep in a good manage, maintain, operate and reasonable state of repair and consistent with the general standards of comparable commercial buildings in the City of Burnaby, but subject to Section 6.03(b) the Leased Premises including and all Leasehold ImprovementsImprovements in good order and first class condition subject to reasonable wear and tear not inconsistent with such standard and with the exception only of those repairs which are the obligation of the Landlord under this Lease. The Tenant shall also manage, maintain, operate and leasehold improvements installed repair the Leased Premises and construct, use, operate, maintain, repair and replace Leasehold Improvements and all furnishings, fixtures and equipment located in the Leased Premises by the Landlord or by previous tenants, and so as to comply with all trade fixtures including all glass portions of exterior and demising walls, but with the exception of structural members or elements of the Leased Premises and defects in construction performed or installations made by the Landlord and Insured Damage therein;Applicable Laws. (b) that the Landlord may enter and view the state of repair, repair from time to time and that the Tenant will repair if required to do so pursuant to the terms of this Lease, according to notice in writing, writing and that upon expiration or sooner termination of the Term, the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always the condition required pursuant to the exceptions referred to in Section 6.02(a);subsection 4.1(a) hereof; and (c) that if any part of the Building including the systems for heating, ventilating, air conditioning and interior climate control and for the provision of utilities Leased Premises becomes out of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which whom the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation sole responsibility of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this LeaseTenant.

Appears in 2 contracts

Samples: Lease (PointClickCare Corp.), Lease (PointClickCare Corp.)

Tenant’s Repairs. 11.2.1 The Tenant covenants with will keep the Landlord: (a) to keep Premises in a good and reasonable state of repair and consistent with the general standards of comparable commercial buildings in the City of Burnabyfirst class manner. This obligation includes, but subject is not limited to, maintaining, repairing the Premises, (and to Section 6.03(bthe extent caused by the act or omission of the Tenant or those for whom it is in law responsible, the costs of replacing the Building (interior and exterior portions of the Building) and/or the Leased Premises), the wiring, the plumbing, the heating and ventilating servicing the Premises (except for replacements of a capital nature, which shall be made by Landlord, in accordance with this Lease), all mechanical, electrical and other systems and services servicing the Premises, including all Leasehold Improvementsrepairs of major and minor nature and those which the law obliges a lessor to perform, except for Structural Repairs and leasehold improvements installed in the Leased Premises by the Landlord or by previous tenants, capital repairs and all trade fixtures including all glass portions of exterior and demising walls, but with the exception of structural members or elements of the Leased Premises and defects in construction performed or installations repairs relating to defect which shall be made by the Landlord in accordance with this Lease, and Insured Damage therein;reasonable wear and tear that does not result from the Tenant’s default to maintain, repair or replace. 11.2.2 Without restricting the generality of Subsection 11.2.1, the Tenant’s obligation to maintain, repair and replace will include any damage to or breakage of glass, plate glass, shop windows, mouldings, signs, doors hardware, lighting, wiring, plumbing, heating and ventilating servicing the Premises, all mechanical, electrical and other systems and services servicing the Premises unless otherwise specifically provided in this Lease. 11.2.3 The Tenant’s repairs shall be performed in a first-class manner (b) that the provisions of Section 12.1 to apply mutatis mutandis). Any major repairs which may affect the structure, mechanical or electrical system shall be subject to prior written approval by the Landlord may enter of plans and view specifications of the state work. 11.2.4 The Tenant will not enter, nor will it cause, suffer or permit entry, onto the roof of repairthe Premises or roof above other parts of the Building, and that the Tenant will repair according not make any opening in the roof or affect any structural elements without the prior written consent of fire Landlord. Notwithstanding the foregoing, the Tenant shall have the right to notice in writinginstall, on the roof of the Premises, microwave communications equipment (the ‘“communications equipment”). The communications equipment shall be installed at no cost to Landlord, and that in accordance with the terms and conditions of this Lease, all applicable laws, rules and regulations. Additionally, Tenant will leave shall defend, indemnify, and hold Landlord harmless from and against any damages, claims, costs or expenses of any nature whatsoever incurred by Landlord as a result of such installation by Tenant or presence of the Leased Premises in a good and reasonable state of repaircommunications equipment, subject always including without [imitation any damages to the exceptions referred to in Section 6.02(a); (c) that if any part roof as a result of the Building including communications equipment and/or the systems for heatinginstallation, ventilating, air conditioning and interior climate control and repair and/or removal of same. Tenant shall be solely responsible for the provision of utilities becomes out of repairmaintenance and repair thereof, damaged at Tenant’s sole cost and expense. At the expiration or destroyed through the negligence or misuse other termination of the Lease, said equipment shall remain the property of Tenant, and may be removed by Tenant, provided that Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at repair any time from accident or for improving the condition or operation of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this Leaseall damage caused by such removal.

Appears in 2 contracts

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

Tenant’s Repairs. The Except as expressly provided in Paragraph 8.1, Tenant covenants 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 expense, swamp coolers, all plumbing and sewage facilities within the Premises, including free 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 shall, at Tenant’s sole expense, be kept, repaired, maintained, replaced or added to as provided by this paragraph at all times in accordance with all 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 event that Tenant fails to comply with the Landlord: (a) to keep obligations set forth in a good and reasonable state of repair and consistent with the general standards of comparable commercial buildings in the City of Burnabythis Paragraph 8.2, Landlord may, but subject to Section 6.03(b) the Leased Premises including all Leasehold Improvementsshall not be obligated to, and leasehold improvements installed in the Leased Premises by the Landlord or by previous tenantsperform any such obligation on behalf of, and all trade fixtures including all glass portions of exterior and demising walls, but with the exception of structural members or elements of the Leased Premises and defects in construction performed or installations made by the Landlord and Insured Damage therein; (b) that the Landlord may enter and view the state of repair, and that the Tenant will repair according to notice in writing, and that the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a); (c) that if any part of the Building including the systems for heating, ventilating, air conditioning and interior climate control and for the provision account of utilities becomes out Tenant, and Tenant shall reimburse Landlord for all costs and expenses paid or incurred on behalf of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting connection with performing the obligations of set forth herein. Tenant expressly waives the Tenant right to make repairs at Landlord’s expense under this Leaseany law, statute or ordinance now or hereafter in effect.

Appears in 2 contracts

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

Tenant’s Repairs. The (A) Subject to the provisions of Article XII (relating to destruction of the Leased Premises) and Article XIII (relating to condemnation), Tenant covenants with the Landlord: (a) to at Tenant’s sole cost and expense and at all times shall keep in a good and reasonable state of repair and consistent with the general standards of comparable commercial buildings in the City of Burnaby, but subject to Section 6.03(b) the Leased Premises including all Leasehold Improvementsand 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 leasehold improvements installed in 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 expense, 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, the elements surrounding the same, or 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 Landlord Premises in good order, condition and repair shall exercise and perform good maintenance practices. Tenant’s obligations shall include restorations, replacements or by previous tenants, and all trade fixtures including all glass portions of exterior and demising walls, but with the exception of structural members or elements of renewals when necessary to keep the Leased Premises and defects all improvements thereon or a part thereof in construction performed or installations made by the Landlord good order, condition and Insured Damage therein; (b) that the Landlord may enter and view the state of repair. (B) Tenant shall, at Tenant’s sole cost and expense, procure and maintain contracts, with copies to Landlord, in customary form and substance for, and that with contractors specializing and experienced in, the Tenant will repair according to notice in writinginspection, maintenance and that service of the Tenant will leave following equipment and improvements, if any, located on the Leased Premises in a good and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a); Premises: (ci) that if any part of the Building including the systems for heating, ventilating, air conditioning and interior climate control ventilation systems; (ii) boiler, fired or unfired pressure systems; (iii) fire sprinkler and/or standpipe and for the provision of utilities becomes out of repairhose or other automatic fire extinguishing systems, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demandincluding fire alarm and/or smoke detection systems and equipment; and (div) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating landscaping and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating irrigation systems; (v) roof covering and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made drain maintenance; and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this Lease(vi) asphalt and parking lot maintenance.

Appears in 2 contracts

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

Tenant’s Repairs. The Except for the warranty obligations of the Landlord as set forth in Section 6.7 of this Lease, commencing on the Date of Occupancy as to the entire Premises and on the date that the Tenant covenants with first enters into the LandlordPremises pursuant to Section 6.4 of this Lease as to the areas occupied by the Tenant for its fixturing, the Tenant shall be solely responsible for all repairs, replacement and maintenance to the Premises, including, without limitation: (ai) to keep in a good the exterior and reasonable state of repair interior walls, the roof, floor slab, foundation, any canopies and consistent with the general standards of comparable commercial buildings in the City of Burnaby, but subject to Section 6.03(b) the Leased Premises including all Leasehold Improvements, and leasehold improvements installed in the Leased Premises by the Landlord or by previous tenants, and all trade fixtures including all glass structural portions of exterior and demising walls, but with the exception of structural members or elements of the Leased Premises and defects in construction performed or installations made by the Landlord and Insured Damage thereinPremises; (bii) that to all utility and building systems which extend beyond the Landlord may enter and view the state of repair, and that the Tenant will repair according to notice in writing, and that the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a); (c) that if any part exterior walls of the Building including Premises or beneath the systems for heating, ventilating, air conditioning and interior climate control and for the provision of utilities becomes out of repair, damaged or destroyed through the negligence or misuse floor of the Tenant or its employeesPremises, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demandincluding without limitation all sewer lines; and (diii) that in case it shall become necessary or proper at any time from accident or for improving to the condition or operation driveways, parking areas, entrance ways and other portions of the elevatorsPremises other than the Building. Throughout the term hereof, Tenant shall repair and maintain the interior of the Premises in good order and condition, including window glass, interior walls, floor coverings, doors (including exterior doors and door frames), all utility and building systems (including sprinkler system), the heating, ventilating and air conditioning apparatus(HVAC) system and the nonstructural portions of the Premises. Upon the expiration or termination of this Lease, electric lightingTenant shall surrender the Premises to Landlord in good condition and repair, boilers reasonable wear and tear, damage and destruction (which shall be governed by Article XV hereof), condemnation, repairs required by the acts or machineryomissions of Landlord, its agents, employees, or anything pertaining theretoindependent contractors excepted. Landlord agrees to assign to Tenant all warranties, extended warranties and guarantees of any kind or nature, serving the Premises and which Tenant is required to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this Leaserepair hereunder.

Appears in 1 contract

Samples: Lease (American Architectural Products Corp)

Tenant’s Repairs. The Tenant covenants with Subject to and except for the items which are Landlord: (a) to keep ’s repair obligations in a good Section 7.2 and reasonable state of repair and consistent with the general standards of comparable commercial buildings in the City of Burnaby, but subject to Section 6.03(b) the Leased provisions of Articles 11 and 13 below, Tenant shall, at Tenant’s own expense, keep the Premises including all Leasehold Improvements, and leasehold improvements installed in the Leased Premises by the Landlord or by previous tenants, and all trade fixtures including all glass portions thereof which were not constructed or installed by or on behalf of exterior and demising walls, but with the exception of structural members or elements of the Leased Premises and defects in construction performed or installations made by the Landlord and Insured Damage therein; (b) that the Landlord may enter and view the state of repair, and that the Tenant will repair according to notice in writing, and that the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a); (c) that if any as part of the Building Base, Shell and Core, including all improvements, fixtures, equipment and furnishings in 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 first-class order, condition and repair at all times during the Lease Term, except for heating, ventilating, air conditioning ordinary wear and interior climate control tear and for casualty damage which is not specifically made the provision responsibility of utilities becomes out of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this Lease. In connection with such repair 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 not be unreasonably withheld, conditioned or delayed), 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, if Tenant fails to make such repairs 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 to Landlord, within thirty (30) days after invoice, the actual, reasonable and documented costs thereof, plus an administration fee equal to five percent (5%) of such costs. Landlord may, but shall not be required to, enter the 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 necessary or desirable in connection with the first-class management and operation standards for the Building set forth herein, and/or as may be required for Landlord to 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 shall use commercially reasonable efforts to minimize interference with Tenant’s use of and access to the Premises during Landlord’s entry into the Premises to perform such work pursuant to the foregoing provisions of this Section 7.1.

Appears in 1 contract

Samples: Office Lease (United Online Inc)

Tenant’s Repairs. The Subject to Landlord's repair obligations in Section 7.2 and to the provisions of Articles 11 and 13 below, Tenant covenants with shall, at Tenant's own expense, keep the Landlord: Premises and all portions thereof, including all improvements, fixtures, equipment and furnishings therein (a) to keep 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 a good and reasonable state of order, repair and consistent with condition at all times during the general standards Lease Term, except for ordinary wear and tear and casualty damage which is not specifically made the responsibility of comparable commercial buildings in the City of Burnaby, but subject to Section 6.03(b) the Leased Premises including all Leasehold Improvements, and leasehold improvements installed in the Leased Premises by the Landlord or by previous tenants, and all trade fixtures including all glass portions of exterior and demising walls, but with the exception of structural members or elements of the Leased Premises and defects in construction performed or installations made by the Landlord and Insured Damage therein; (b) that the Landlord may enter and view the state of repair, and that the Tenant will repair according to notice in writing, and that the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a); (c) that if any part of the Building including the systems for heating, ventilating, air conditioning and interior climate control and for the provision of utilities becomes out of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this Lease. In connection with such repair obligations, Tenant shall, at Tenant's own expense but subject to the prior approval of Landlord (which approval shall not be unreasonably withheld or delayed), 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, that, at Landlord's option, or if Tenant fails to make such repairs 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 to Landlord, within thirty (30) days after invoice, the actual, reasonable and documented costs thereof, plus an administration fee equal to five percent (5%) of such costs. Landlord may, but shall not be required to, enter the 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 necessary or desirable in connection with the first-class management and operation standards for the Buildings set forth herein, and/or as may be required for Landlord to 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 shall use commercially reasonable efforts to minimize interference with Tenant's use of and access to the Premises during Landlord's entry into the Premises to perform such work pursuant to the foregoing provisions of this Section 7.1.

Appears in 1 contract

Samples: Office Lease (Foundation Health Systems Inc)

Tenant’s Repairs. The (A) Subject to the terms of this Article 9, Tenant, at Tenant’s expense, shall take good care of the Premises (including, without limitation, (i) the fixtures and equipment that are installed in the Premises on the Commencement Date, (ii) the Alterations, (iii) the systems within the Premises that distribute within the Premises electricity or water, and (iv) the windows for the Premises). Tenant’s obligations under this Section 9.2(A) shall extend to the Storefront for the Premises (including, without limitation, the Storefront glass and doors). Tenant covenants shall make all repairs to the Premises as and when needed to preserve the Premises in good condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Article 16 hereof. All repairs made by Tenant as contemplated by this Section 9.2(A) shall be in conformity with the Landlord:standards that are customary for first-class buildings in the vicinity of the Building. Tenant shall perform such repairs in accordance with the terms of Article 8 hereof. (B) Subject to the terms of this Section 9.2(B), if (a) Landlord gives Tenant a notice that Tenant has failed to keep in perform a good and reasonable state of repair and consistent with the general standards of comparable commercial buildings in the City of Burnaby, but subject that this Section 9.2 obligates Tenant to Section 6.03(b) the Leased Premises including all Leasehold Improvementsperform, and leasehold improvements installed in the Leased Premises by the Landlord or by previous tenants, and all trade fixtures including all glass portions of exterior and demising walls, but with the exception of structural members or elements of the Leased Premises and defects in construction performed or installations made by the Landlord and Insured Damage therein; (b) Tenant fails to proceed with reasonable diligence to make such repair within twenty (20) days after the date that Landlord gives such notice to Tenant (or such shorter period that Landlord designates in such notice to the extent reasonably required under the circumstances to alleviate an imminent threat to persons or property) or such longer period as may be reasonably required (provided that Tenant diligently commences such repair and prosecutes such repair to completion), then (i) Landlord may enter and view the state of make such repair, and that the (ii) Tenant will repair according shall pay to notice in writingLandlord, and that the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a); (c) that if any part of the Building including the systems for heating, ventilating, air conditioning and interior climate control and for the provision of utilities becomes out of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise controlas ­ additional rent, the expense reasonable expenses thereof, with interest thereon at the Applicable Rate calculated from the date that Landlord incurs such expenses, within thirty (30) days after Landlord gives Tenant an invoice therefor. Nothing contained in this Section 9.2(B) limits the remedies that are available to Landlord after the occurrence of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation an Event of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this LeaseDefault.

Appears in 1 contract

Samples: Loan Agreement (Alexanders Inc)

Tenant’s Repairs. The Excluding the Landlord Services under Exhibit F hereto and Landlord's repair obligations under Section 8.3 hereof, Tenant covenants with the Landlord: shall make and be responsible for (a) all maintenance, repairs and replacements within the Demised Premises, as and when needed, to keep in a good and reasonable state of repair and consistent with preserve the general standards of comparable commercial buildings in the City of BurnabyDemised Premises (including, but subject to Section 6.03(b) the Leased Premises including all Leasehold Improvementswithout limitation, and leasehold improvements installed in the Leased Premises by the Landlord or by previous tenants, Tenant's Property and all trade fixtures including all glass portions of exterior Improvements) in good working order and demising walls, but with the exception of structural members or elements of the Leased Premises condition; and defects in construction performed or installations made by the Landlord and Insured Damage therein; (b) that the Landlord may enter maintenance, repair and view the state of repair, and that the Tenant will repair according to notice in writing, and that the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a); (c) that if any part replacement of the Building including equipment and systems (including, without limitation, the systems Building's and/or Tenant's HVAC systems, and the Building's roof and structural components), the need for heatingwhich is actually caused by (i) the performance or existence of any alteration or modification to the Demised Premises made by Tenant or those holding under Tenant, ventilating(ii) the installation, air conditioning use, or operation of Tenant's Property or fixtures, (iii) the moving of Tenant's Property or fixtures in or out of the Building, the Demised Premises or the Complex, or (iv) the 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 provisions of Section 8.4 hereof and interior climate control shall be at least equal in quality and class to the standards then applicable for the provision of utilities becomes out of Building as reasonably established by Landlord. If Tenant fails, after ten (10) 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), damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably required repairs may be expected to exercise control, made by Landlord at the expense of Tenant, and the expenses of repairs or replacements thereto necessitated thereby incurred by Landlord shall be reimbursed to as Additional Rent immediately after submission of a bxxx or statement for the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this Leaserepairs.

Appears in 1 contract

Samples: Lease Agreement (Playtex Products Inc)

Tenant’s Repairs. The Tenant covenants with shall, at Tenant's sole cost and expense: (i) make all repairs to the Premises and fixtures therein which Landlord is not required to make pursuant to Paragraph 6(a) above, including, without limitation, repairs to the interior walls, ceilings and windows of the Premises, the interior doors, Tenant's signage, and the electrical, life-safety, plumbing and heating, ventilation and air conditioning ("HVAC") systems located within or serving the Premises; (ii) use reasonable efforts, through a program of regularly scheduled preventive maintenance approved by Landlord: (a) , to keep the HVAC equipment serving the Premises in reasonably good order and condition; and (iii) maintain the Premises, the fixtures and utilities systems therein, and the area immediately surrounding the Premises (including all garbage enclosures), in a good good, clean and reasonable state safe condition. Tenant shall deliver to Landlord a copy of repair and consistent any maintenance contract entered into by Tenant with the general standards of comparable commercial buildings in the City of Burnaby, but subject to Section 6.03(b) the Leased Premises including all Leasehold Improvements, and leasehold improvements installed in the Leased Premises by the Landlord or by previous tenants, and all trade fixtures including all glass portions of exterior and demising walls, but with the exception of structural members or elements of the Leased Premises and defects in construction performed or installations made by the Landlord and Insured Damage therein; (b) that the Landlord may enter and view the state of repair, and that the Tenant will repair according to notice in writing, and that the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always respect to the exceptions referred to in Section 6.02(a); (c) that if Premises. Tenant shall also, at Tenant's expense, keep any part of the Building including the systems for heating, ventilating, air conditioning and interior climate control and for the provision of utilities becomes out of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, non-standard heating, ventilating and air conditioning apparatusequipment and other non-standard equipment in the Building in good condition and repair, electric lightingusing contractors approved in advance, boilers in writing, by Landlord. Notwithstanding Paragraph 6(a) above, Tenant will pay for any repairs to the Building or machinerythe Project which are caused by any negligence or carelessness of Tenant or its assignees, subtenants or employees, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in respective agents of any manner or respect affecting the obligations of the foregoing persons, or of any other persons permitted in the Building or elsewhere in the Project by Tenant under or any of them. Tenant will maintain the Premises, and will leave the Premises upon termination of this Lease., in a safe, clean, neat and sanitary condition. PARAGRAPH 7

Appears in 1 contract

Samples: Lease Agreement (Advanced Polymer Systems Inc /De/)

Tenant’s Repairs. The Tenant covenants with the Landlord: (a) Subject to keep Landlord’s obligation in a Xxxxxxxxx 00, Xxxxxx, at its sole expense, shall repair, replace and maintain in good condition all portions of the Premises and reasonable state of repair all areas, improvements and consistent with systems exclusively serving the general standards of comparable commercial buildings Premises including, without limitation, dock and loading equipment, dock doors, plumbing, water, and sewer lines in the City interior of Burnabythe Building up to the exterior of the Building, but subject to Section 6.03(b) the Leased Premises including all Leasehold Improvementsentries, doors, ceilings, windows, interior walls, and leasehold improvements installed in the Leased Premises by the Landlord or by previous tenants, and all trade fixtures including all glass portions interior side of exterior and demising walls, and heating, ventilation and air conditioning systems, and other interior portions of the building and mechanical systems (e.g. electrical, exhaust fans, and warehouse heaters, if any) serving the Premises. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term. Maintenance and repair of the heating, ventilation and air conditioning systems and other mechanical and building systems serving the Premises shall be at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant or, if Tenant fails to maintain such service contracts, by Landlord (but at Tenant’s expense). The scope of services and contractors under such maintenance contracts shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld. Notwithstanding anything to the contrary contained herein, provided Tenant shall not then be in default of any term or provision of this Lease, in the event Tenant shall be required to perform repairs to or replacement of the HVAC system during the first two (2) years of the original Term, and the cause of such repair or replacement was not due to the negligent or intentional act or omission of Tenant, its employees, agents or contractors, Landlord agrees to pay for and make the repair or replacement in a timely manner with equipment and parts of equal quality and capacity as originally installed. Thereafter, provided Tenant shall not then be in default of any term or provision of this Lease, in the event Tenant shall be required to perform repairs or replacement to the HVAC system, Landlord agrees to contribute one hundred percent (100%) of the cost of repairs and replacement which in the aggregate per year exceed Fifteen Thousand and 00/100 Dollars ($15,000.00). Tenant shall furnish Landlord with proof of said repair and payment thereof, whereupon Landlord will reimburse Tenant all such costs in excess of Fifteen Thousand and 00/100 Dollars ($15,000.00). For purposes of this paragraph only, the definition of “repairs” specifically excludes routine maintenance required in connection with the exception of structural members or elements of HVAC system, which routine maintenance shall be at Tenant’s expense pursuant to maintenance service contracts, as described in the Leased Premises and defects in construction performed or installations made by the Landlord and Insured Damage therein;immediately preceding paragraph. (b) In the event that any repair or maintenance obligation required to be performed by Tenant hereunder may affect the Landlord may enter and view structural integrity of the state Building (e.g., roof, foundation, structural members of the exterior walls), prior to commencing any such repair, Tenant shall provide Landlord with written notice of the necessary repair or maintenance and a brief summary of the structural component or components of the Building that may be affected by such repair or maintenance. Landlord shall permit the Tenant will to perform such repair according if Tenant provides a reasonably acceptable licensed contractor. However, if Landlord and Tenant cannot reasonably agree on a contractor to perform the repair then, within ten (10) business days after Landlord’s receipt of Tenant’s written notice in writing, or promptly after Landlord and that Tenant fail to agree on a contractor to perform the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always Landlord shall have the right, but not the obligation, to elect to cause such repair or maintenance to be performed by Landlord, or a contractor selected and engaged by Landlord, but at Tenant’s sole cost and expense. The foregoing sentence is not intended to obligate Tenant to pay for repairs or maintenance to those structural items which are Landlord’s responsibility pursuant to Paragraph 10 above, but shall only require Tenant to pay for the repair and maintenance to such structural components to the exceptions referred extent such repair or maintenance is necessitated due to in Section 6.02(a);the performance of Tenant’s repair and maintenance obligations pursuant to this Paragraph 11. (c) Within the fifteen (15) day period prior to the expiration or termination of this Lease, Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that if the hot water equipment and the HVAC system are then in good repair and working order. A certificate from the contractor currently performing routine maintenance pursuant to a maintenance service contract with Tenant shall be deemed an engineer acceptable to Landlord for the purpose of satisfying the delivery requirement for a certificate regarding the hot water equipment and HVAC system. 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) days after demand therefor. Subject to Paragraphs 9 and 15, Tenant shall bear the full cost of any repair or replacement to any part of the Building including the systems for heating, ventilating, air conditioning and interior climate control and for the provision of utilities becomes out of repair, damaged or destroyed through the negligence or misuse of the Project that results from damage caused by Tenant or its employees, invitees or others over which a Tenant-Related Party and any repair that benefits only the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; andPremises. (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation Upon surrender of the elevatorsPremises, heatingall Tenant-Made Alterations and any leasehold improvements constructed by Landlord or Tenant shall remain on the Premises as Landlord’s property, ventilating except to the extent Landlord requires (pursuant to the following sentence) removal at Tenant’s expense of any such items or Landlord and air conditioning apparatusTenant have otherwise agreed in writing in connection with Landlord’s consent to any Tenant-Made Alterations. In connection with Landlord’s review and approval of any of Tenant’s proposed Tenant-Made Alterations to the Premises, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this Lease.may contemporaneously deliver to

Appears in 1 contract

Samples: Lease Agreement (Intcomex Holdings, LLC)

Tenant’s Repairs. The Tenant covenants with shall at all times during the Landlord: Term. at its own cost and expense, repair, maintain, operate and keep the Leased Premises, all equipment, fixtures and mechanical systems (aincluding heating, ventilating and air-conditioning systems) to keep in a good and reasonable state of repair and consistent with the general standards of comparable commercial buildings in the City of Burnaby, but subject to Section 6.03(b) within the Leased Premises including all Leasehold Improvementsor elsewhere (if such equipment, fixtures or systems are provided for the use or benefit of the Leased Premises) and leasehold any improvements installed in now or hereafter made to the Leased Premises by in good order, firstclass condition and repair (reasonable wear and tear and repairs which are the Landlord or by previous tenants, and all trade fixtures including all glass portions of exterior and demising walls, but Landlord's responsibility pursuant to Article 5.06 hereof only excepted) in accordance with the exception statutory building scheme registered against title to the Lands and without limiting the generality of structural members or elements the foregoing, the Tenant shall, during the Term, cause such good management and care to be taken of the Leased Premises and defects 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 construction performed or installations made by the Landlord and Insured Damage therein; (b) that the Landlord may enter and view the Leased Premises shall be maintained in a state of repair, efficient and that the good working order. The Tenant will repair according to notice in writing, and that the Tenant will leave shall decorate the Leased Premises in a good manner and reasonable state of repairto a standard acceptable to or determined by the Landlord and shall maintain such decorating to such standards throughout the Term. The Tenant shall be responsible for all such maintenance, subject always to the exceptions referred to in Section 6.02(a); (c) that if repairs, replacements and such decorating and shall promptly with due diligence, at its sole expense, carry out any part and all of the Building foregoing. The Tenant shall be responsible for all janitorial services respecting the Leased Premises (including the systems for heatingwashing of windows therein, ventilating, air conditioning both inside and interior climate control outside) so as to keep the Leased Premises in a clean and for the provision of utilities becomes out of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this Leasetidy condition.

Appears in 1 contract

Samples: Lease Agreement (Arterial Vascular Engineering Inc)

Tenant’s Repairs. The Tenant covenants with the Landlord: (a) to keep in a good and reasonable state of repair and consistent with the general standards of comparable commercial buildings in the City of BurnabyVancouver, but subject to Section 6.03(b) the Leased Premises including all Leasehold Improvements, and leasehold improvements installed in the Leased Premises by the Landlord or by previous tenants, and all trade fixtures including all glass portions of exterior and demising walls, but with the exception of structural members or elements of the Leased Premises and defects in construction performed or installations made by the Landlord and Insured Damage therein; (b) that the Landlord may enter and view the state of repair, and that the Tenant will repair according to notice in writing, and that the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a); (c) that if any part of the Building including the systems for heating, ventilating, air conditioning and interior climate control and for the provision of utilities becomes out of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Current Technology Corp)

Tenant’s Repairs. The Tenant covenants with the Landlord: (a) to keep the Leased Premises in a good and reasonable state of repair and consistent with the general standards of comparable commercial first-class office buildings in the City of BurnabyMetropolitan Toronto, but subject to Section 6.03(bperform all repairs and replacements as a prudent tenant would do (reasonable wear and tear excepted) to the Leased Premises including all Leasehold Improvements, and leasehold improvements installed in the Leased Premises by the Landlord or by previous tenants, Improvements and all trade fixtures including therein and all glass portions of exterior and demising walls, but with the exception of structural members or elements of the Leased Premises and defects in construction performed or installations made by the Landlord and Insured Damage therein;. (b) that the Landlord may enter and view the state of repair, repair from time to time and that the Tenant will repair if required to do so pursuant to the terms of this Lease, according to notice in writing, writing and that the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a);. (c) that if any part of the Building including other than the systems for heating, ventilating, air conditioning and interior climate control and for the provision of utilities Leased Premises becomes out of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which whom the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation responsibility of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, Tenant. Notwithstanding the foregoing or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completedelse contained herein, the Landlord agrees that the Tenant's obligations under this Lease shall be at liberty not include reasonable wear and tear to do so without in any manner the Leased Premises and maintenance, repairs or respect affecting replacements: (i) necessitated due to damage by fire, lightning, tempest or other casualties; (ii) necessitated due to the obligations negligent or wilful acts or omissions of the Landlord or those for whom it is in law responsible; (iii) to any structural portion of the Building or the Leased Premises, including the exterior walls, the roof, roof structure and roof membrane; (iv) necessitated due to structural defect or weaknesses or improper or faulty workmanship, construction, design or materials; (v) to the extent same are covered by insurance maintained or otherwise required to be maintained by the Landlord hereunder; or (vi) to the mechanical, electrical and base building systems, subject to chargeback to the Tenant if permitted under this Lease, which shall all be the Landlord's responsibility at the Landlord's sole expense in addition to the Landlord's other obligations pursuant to this Lease.

Appears in 1 contract

Samples: Lease (Changepoint Corp)

Tenant’s Repairs. The Subject to Landlord’s repair obligations in Section 8(b) below, and except for any damage by casualty which is not Tenant’s obligation to repair pursuant to Paragraph 10 below, Tenant covenants 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 Building and every part thereof (except those portions of the Building which are Landlord: ’s obligation to maintain pursuant to Paragraph 8(b) below), including, without limitation, all tenant improvements, alterations, additions, equipment, restrooms, fixtures and furnishings therein (a) 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 keep Landlord’s obligations regarding replacement of such HVAC equipment as expressly provided below in a good Section 8(e)), all interior walls and reasonable state of wall coverings, doors, windows, glass, plate glass, ceilings, and skylights, in an order, repair and condition consistent with the general standards of comparable commercial buildings in the City of Burnaby, but subject to Section 6.03(b) the Leased Premises including all Leasehold Improvements, age and leasehold improvements installed in the Leased Premises by the Landlord or by previous tenants, and all trade fixtures including all glass portions of exterior and demising walls, but with the exception of structural members or elements of the Leased Premises and defects in construction performed or installations made by the Landlord and Insured Damage therein; (b) that the Landlord may enter and view the state of repair, and that the Tenant will repair according to notice in writing, and that the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a); (c) that if any part quality of the Building including and the systems 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 heatingrestrooms, ventilatingthe equipment providing distribution within the Building of the HVAC from the HVAC equipment on the roof, air conditioning and interior climate control the equipment providing distribution within the Building of all electricity and all other utilities required for the provision 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 utilities becomes out any of repairthe 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 Building and replace or repair all damaged or destroyed through broken fixtures and appurtenances (subject, however, to the negligence provisions of Paragraph 10 below regarding casualty damage to the Building); provided however, that if Tenant fails to commence such repairs within ten (10) business days after written notice from Landlord 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 five percent (5%) administration fee sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or misuse 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 or its employees, invitees or others over which the is obligated to maintain. Tenant can reasonably be expected shall deliver to exercise control, the expense Landlord full and complete copies of repairs or replacements thereto necessitated thereby shall be reimbursed all such contracts entered into by Tenant prior to entering into same. Notwithstanding any other provision herein to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation contrary, Tenant may continue to use of the elevatorslaboratory benches, heatingcasework, ventilating fume hoods and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit laminar flow hoods located in the operation Premises as of the elevatorsEffective Date at no additional cost throughout the Second Extended Term, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, as the Landlord shall same may be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this Leasefurther extended.

Appears in 1 contract

Samples: Marina Village Office Tech Lease (Insite Vision Inc)

Tenant’s Repairs. The Subject to Landlord’s repair obligations in Section 7.2 and to the provisions of Articles 11 and 13 below, Tenant covenants with shall, at Tenant’s own expense, keep the Landlord: (a) to keep in a good and reasonable state of repair and consistent with the general standards of comparable commercial buildings in the City of Burnaby, but subject to Section 6.03(b) the Leased Premises including all Leasehold Improvements, and leasehold improvements installed in the Leased Premises by the Landlord or by previous tenants, and all trade fixtures including all glass portions thereof which were not constructed or installed by or on behalf of exterior and demising walls, but with the exception of structural members or elements of the Leased Premises and defects in construction performed or installations made by the Landlord and Insured Damage therein; (b) that the Landlord may enter and view the state of repair, and that the Tenant will repair according to notice in writing, and that the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a); (c) that if any as part of the Building Base, Shell and Core, including all improvements, fixtures, equipment and furnishings therein (including, without limitation, all non-Base, Shell and Core systems and equipment within the Premises, including all components and equipment and systems for heatinglocated within the Premises that provide distribution from the Base, ventilating, air conditioning Shell and interior climate control Core systems and for the provision of utilities becomes out of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed equipment to the Landlord promptly upon demand; and (d) that Premises), in case it shall become necessary or proper good order, repair and condition at any time from accident or all times during the Lease Term, except for improving ordinary wear and tear and casualty damage which is not specifically made the condition or operation responsibility of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this Lease. In connection with such repair 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 not be unreasonably withheld, conditioned or delayed), promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs 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 to Landlord, within thirty (30) days after invoice, the actual, reasonable and documented costs thereof, plus an administration fee equal to five percent (5%) of such costs. Landlord may, but shall not be required to, enter the Premises in accordance with the provisions of Article 23 below, 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 necessary or desirable in connection with the first-class management and operation standards for the Building set forth herein, and/or as may be required for Landlord to 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 shall use commercially reasonable efforts to minimize interference with Tenant’s use of and access to the Premises during Landlord’s entry into the Premises to perform such work pursuant to the foregoing provisions of this Section 7.1, including, performing any non-emergency work outside of the Business Hours to the extent commercially practicable and not typically performed by Landlord during the Business Hours.

Appears in 1 contract

Samples: Office Lease (United Online Inc)

Tenant’s Repairs. The Tenant covenants with shall at all times during the Landlord: Term, at its own cost and expense, repair, maintain, operate and keep the Leased Premises, all equipment, fixtures and mechanical systems (aincluding heating, ventilating and air-conditioning systems) to keep in a good and reasonable state of repair and consistent with the general standards of comparable commercial buildings in the City of Burnaby, but subject to Section 6.03(b) within the Leased Premises including all Leasehold Improvementsor elsewhere (if such equipment, fixtures or systems are provided for the use or benefit of the Leased Premises) and leasehold any improvements installed in now or hereafter made to the Leased Premises by in good order, firstclass condition and repair (reasonable wear and tear and repairs which are the Landlord or by previous tenants, and all trade fixtures including all glass portions of exterior and demising walls, but Landlord's responsibility pursuant to Article 5.06 hereof only excepted) in accordance with the exception statutory building scheme registered against title to the Lands and without limiting the generality of structural members or elements the foregoing, the Tenant shall, during the Term, cause such good management and care to be taken of the Leased Premises and defects various parts thereof that no material injury to the same shall occur and all water closets, sinks, heating and air-conditioning and ventilating apparatus located in construction performed or installations made by the Landlord and Insured Damage therein; (b) that the Landlord may enter and view the Leased Premises shall be maintained in a state of repairefficient and good working order. The Tenant shall be responsible for all such maintenance, repairs, replacements and that such decorating and shall promptly with due diligence, at its sole expense, carry out any and all of the foregoing. The Tenant will repair according shall be responsible for all janitorial services respecting the Leased Premises (including the washing of windows therein) so as to notice in writing, and that the Tenant will leave keep the Leased Premises in a good clean and reasonable state of repair, subject always tidy condition. The Landlord shall arrange to have the exceptions referred to in Section 6.02(a); (c) that if any part outside of the exterior windows washed twice a year with the cost of such cleaning to be included in Additional Rent. Notwithstanding the foregoing provisions of this Section 5.01, if the Building including the systems is primarily used for heating, ventilating, air conditioning and interior climate control and for the provision of utilities becomes out of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise controloffice purposes, the expense task of repairs or replacements thereto necessitated thereby shall be reimbursed to repairing, maintaining and operating the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating and air air-conditioning apparatus, electric lighting, boilers systems and other building standard equipment and mechanical systems within or machinery, or anything pertaining thereto, to omit serving the operation Leased Premises shall be the responsibility of the elevators, heating, ventilating and air conditioning apparatus Landlord (save only to the extent that any such equipment or electric lighting until necessary repairs systems are installed by or improvements shall have been made and completed, for the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations sole use of the Tenant under this LeaseTenant) and the costs thereof shall form part of the HVAC Costs or Building Operation and Maintenance Costs, as the case may be hereunder.

Appears in 1 contract

Samples: Lease Agreement (Brooks Automation Inc)

Tenant’s Repairs. The Subject to Landlord's repair obligations in Section 7.2 below, and except for any damage by casualty which is not Tenant's obligation to repair pursuant to Article 11 below, Tenant covenants with the Landlord: (a) to keep shall, at Tenant's own expense, in a good and reasonable state workmanlike manner, 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 Premises and every part thereof, including, without limitation, all tenant improvements (including the initial Tenant Improvements), Alterations, additions, equipment, restrooms, fixtures and furnishings therein (including all of the Building's Systems and Equipment located within the Building) and the Systems and Equipment (including, but not limited to, the HVAC equipment, and the switchgear equipment servicing the Building), all walls and wall coverings, doors, windows, glass, plate glass, ceilings, and skylights, and those items set forth on Exhibit F-1 attached hereto, in first-class order, repair and consistent with condition at all times following the general standards date Landlord delivers possession of comparable commercial buildings the Premises to Tenant and throughout the Lease Term. Such repair obligations shall include, without limitation, replacement of items as may be necessary to keep same in the City condition required hereinabove, notwithstanding that such replacements may be considered capital expenditures in accordance with accounting practices, and shall also include repairs of Burnabyitems above the ceiling, repairs of items below the floors (but not the floor slabs), and/or repairs of items within walls, such as, but subject to Section 6.03(b) not limited to, all plumbing and pipes for restrooms, the Leased 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 Leasehold Improvementselectrical panels in equipment rooms or elsewhere within the Building); provided, and leasehold improvements installed in however, if such replacement is a capital expense, then such replacement shall be made by Landlord as a capital expenditure under Section 4.2.3(x). Landlord shall have approval rights (such approval not to be unreasonably withheld) with respect to repairs and/or replacements which: (i) may affect the Leased Premises by roof, the Landlord HVAC equipment thereon and/or the elevators; (ii) may affect or by previous tenants, and all trade fixtures including all glass portions consist of exterior and demising walls, but with the exception of structural members or elements any of the Leased Premises structural components of the Building; (iii) which may adversely affect or consist of any of the Building's Systems and defects in construction performed or installations made by Equipment; (iv) which may affect the Landlord and Insured Damage therein; (b) that the Landlord may enter and view the state of repair, and that the Tenant will repair according to notice in writing, and that the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a); (c) that if any part exterior of the Building or any portion of the Real Property 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 research and development 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 Building and replace or repair all damaged or broken fixtures and appurtenances (subject, however, to the provisions of Article 11 below regarding casualty damage to the Building); provided however, that, at Landlord's option, or if Tenant fails to make any such repairs within ten (10) days after written notice from Landlord (provided that no notice shall be required in the case of emergency repairs that, if left unresolved, would result in imminent serious injury or damage to persons or property), Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including the systems a five percent (5%) administration fee sufficient to reimburse Landlord for heatingall overhead, ventilatinggeneral conditions, air conditioning fees and interior climate control 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 provision maintenance and service of utilities becomes out of repair, damaged or destroyed through the negligence or misuse all of the items listed in this Section 7.1 above which Tenant or its employees, invitees or others over which the is obligated to maintain. Tenant can reasonably be expected shall deliver to exercise control, the expense Landlord full and complete copies of repairs or replacements thereto necessitated thereby shall be reimbursed all such contracts entered into by Tenant prior to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this Leaseentering into same.

Appears in 1 contract

Samples: Lease Agreement (Netgear, Inc.)

Tenant’s Repairs. The Tenant covenants with the Landlord: (a) The Tenant shall repair the Premises, only excepting reasonable wear and tear and repairs which are the responsibility of the Landlord pursuant to keep in a good and reasonable state of repair and consistent with the general standards of comparable commercial buildings in the City of Burnabythis article 10, but subject including any damage to Section 6.03(b) or breakage of glass (excluding all exterior windows), mouldings, signs, doors,locks, hardware, lighting, wiring, plumbing, improvements, partitions, walls, Utilities connections, wiring, lighting, sprinkler systems, heating, ventilation and air conditioning systems, pipes and plumbing, security systems, fixtures, thresholds and all Trade Fixtures and furnishings of the Leased Premises including all Leasehold ImprovementsTenant or otherwise in or for the Premises, and leasehold improvements installed in the Leased Premises shall redecorate and repaint as required by the Landlord or by previous tenantsLandlord, acting reasonably, and all trade fixtures including all glass portions of exterior and demising walls, but with maintain in good condition the exception of structural members or elements interior of the Leased Premises Premises, any appurtenances thereto, any improvements now or hereafter erected or installed therein and defects in construction performed any apparatus or installations made by equipment of the Landlord and Insured Damage therein;Tenant therein or therefor. (b) that The Tenant shall keep the Landlord may enter interior of the Premises well-painted at all times in accordance with the reasonable requests of the Landlord, using colours which shall first be approved in writing by the Landlord; shall keep all plumbing facilities within the Premises and view all drains therefrom in good repair and working order; will not enter, nor will it cause, suffer or permit entry, on to any roof in the state Building, without being accompanied by an authorized representative of repairthe Landlord, and that will not make any opening in the Tenant will repair according to notice in writing, and that roof without the Tenant will leave prior written consent of the Leased Premises in a good and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a);Landlord. (c) that if The Tenant, its employees or agents shall not xxxx, paint, drill or in any part way deface any walls, ceilings, partitions, floors, wood, stone or ironwork without the written approval of the Building including the systems for heating, ventilating, air conditioning and interior climate control and for the provision of utilities becomes out of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this LeaseLandlord.

Appears in 1 contract

Samples: Sublease Agreement (Cray Inc)

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Tenant’s Repairs. The Tenant covenants with shall at all times during the Landlord: Term, at its own cost and expense, repair, maintain, operate and keep the Leased Premises, all equipment, fixtures and mechanical systems (aincluding heating, ventilating and air-conditioning systems) to keep in a good and reasonable state of repair and consistent with the general standards of comparable commercial buildings in the City of Burnaby, but subject to Section 6.03(b) within the Leased Premises including all Leasehold Improvementsor elsewhere (if such equipment, fixtures or systems are provided for the use or benefit of the Leased Premises) and leasehold any improvements installed in now or hereafter made to the Leased Premises by in good order, firstclass condition and repair (reasonable wear and tear and repairs which are the Landlord or by previous tenants, and all trade fixtures including all glass portions of exterior and demising walls, but Landlord’s responsibility pursuant to Article 5.06 hereof only excepted) in accordance with the exception statutory building scheme registered against title to the Lands and without limiting the generality of structural members or elements the foregoing, the Tenant shall, during the Term, cause such good management and care to be taken of the Leased Premises and defects 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 construction performed or installations made by the Landlord and Insured Damage therein; (b) that the Landlord may enter and view the Leased Premises shall be maintained in a state of repair, efficient and that the good working order. The Tenant will repair according to notice in writing, and that the Tenant will leave shall decorate the Leased Premises in a good manner and reasonable state of repairto a standard acceptable to or determined by the Landlord, subject always acting reasonably, and shall maintain such decorating to such standards throughout the exceptions referred to in Section 6.02(a); (c) that if Term. The Tenant shall be responsible for all such maintenance, repairs, replacements and such decorating and shall promptly with due diligence, at its sole expense, carry out any part and all of the Building foregoing. The Tenant shall be responsible for all janitorial services respecting the Leased Premises (including the systems washing of windows therein, both inside and outside) so as to keep the Leased Premises in a clean and tidy condition. Notwithstanding the foregoing provisions of this Section 5.01, if the Building is primarily used for heating, ventilating, air conditioning and interior climate control and for the provision of utilities becomes out of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise controloffice purposes, the expense task of repairs or replacements thereto necessitated thereby shall be reimbursed to repairing, maintaining and operating the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating and air air-conditioning apparatus, electric lighting, boilers systems and other building standard equipment and mechanical systems within or machinery, or anything pertaining thereto, to omit serving the operation Leased Premises shall be the responsibility of the elevators, heating, ventilating and air conditioning apparatus Landlord (save only to the extent that any such equipment or electric lighting until necessary repairs systems are installed by or improvements shall have been made and completed, for the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations sole use of the Tenant under this LeaseTenant) and the costs thereof shall form part of the HVAC Costs or Building Operation and Maintenance Costs, as the case may be hereunder.

Appears in 1 contract

Samples: Lease (VeriChip CORP)

Tenant’s Repairs. The Subject to Landlord’s obligation in Section 10 and subject to Sections 9 and 15, Tenant covenants shall, at its sole cost and expense, maintain, repair and/or replace as necessary all interior non-structural portions of the Premises, any Energy and Communications Equipment, the HVAC system exclusively serving the Premises and any Tenant HVAC (defined below) (in accordance with the Landlord: (a) to keep in a good and reasonable state of repair and consistent with the general manufacturer’s recommended standards of comparable commercial buildings in the City of Burnaby, but subject to the warranty period described in Section 6.03(b10(a) and provided that during the Leased Premises including all Leasehold Improvementslast two (2) years of the Lease Term, Tenant may elect not to perform a capital repair or replacement of such HVAC system(s) if such work is reasonably expected to cost in excess of $10,000; provided that Landlord may elect to perform such work and such costs may be passed through to Tenant as non-Controllable Operating Expenses provided that such costs shall be amortized in equal monthly installments over their useful lives in accordance with GAAP, consistently applied (the “HVAC Capital Costs”)), and leasehold improvements installed in those items listed on Exhibit D as “Tenant Maintenance Obligations.” Tenant shall also, at its sole cost and expense, maintain the Leased Premises by the Landlord or by previous tenantsBase F/LS System, and all trade fixtures including all glass portions perform any capital repairs or replacements to the Base F/LS System, the cost of exterior which is reasonably expected to be less than $10,000 (but subject to the warranty period described in Section 10(a)). Tenant shall also, at its sole cost and demising wallsexpense, but maintain, repair and/or replace as necessary any modifications or additions to the Base F/LS System that were made by or paid for by Tenant. If the Energy and Communications Equipment includes a Solar Energy System (as defined below), Tenant shall perform or cause to be performed scheduled and preventive inspections and maintenance on such system in compliance with the exception manufacturer’s recommendations. If requested by Landlord, copies of structural members or elements maintenance and inspection reports prepared by Tenant’s solar vendor shall be provided by Tenant within thirty (30) days of the Leased date of such reports. Landlord acknowledges that items within and components of the Premises that Tenant must maintain will be subject to reasonable wear and defects in construction performed or installations made tear and, subject to Section 9, non-casualty damage caused by the Landlord Landlord, its agents and Insured Damage therein; (b) that the Landlord may enter and view the state of repaircontractors, and that Tenant is not required to maintain the Tenant will repair according to notice in writing, and that the Tenant will leave the Leased Premises in a good “like new” condition. Tenant shall also be responsible for maintenance, repair and reasonable state replacement of repairany Tenant HVAC, subject always to the exceptions referred to as further described in Section 6.02(a41. If Tenant fails to perform any repair or replacement for which it is responsible, and does not cure such failure within any applicable cure period, Landlord may upon ten (10) days’ advance notice to Tenant perform such work and be reimbursed by Tenant for the reasonable cost of such work within thirty (30) days after demand therefor (which demand shall be accompanied by reasonable supporting documentation for such costs); (c) that if . Subject to Sections 9 and 15, Tenant shall bear the full cost of any repair or replacement to any part of the Building including Premises that result from non-casualty damage caused by Tenant, its agents, contractors, or invitees. Landlord shall assign to Tenant or otherwise make available to Tenant the systems for heatingbenefit of any warranties from contractors, ventilating, air conditioning and interior climate control and for the provision of utilities becomes out of repair, damaged equipment manufacturers or destroyed through the negligence or misuse others that benefit any portion of the Premises that Tenant is required to maintain. Tenant may take actions and employ systems, apparatus and chemicals on the Premises to prevent any infestation by rodents, vermin or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this Leaseother such pests.

Appears in 1 contract

Samples: Lease Agreement (ROX Financial LP)

Tenant’s Repairs. The Tenant covenants with the Landlord: (a) Tenant shall, at Tenant's sole cost and expense, and except as to keep matters of Landlord's repairs set forth in a Section 7.1(a) above, repair, replace when necessary, and maintain the exterior and interior and all elements of the Premises in good order and reasonable state of repair condition, structural and consistent with the general standards of comparable commercial buildings in the City of Burnabyotherwise; provided, but however, that, subject to Section 6.03(b) 14.4 and Article XV below, Landlord shall reimburse Tenant for the Leased Premises including all Leasehold Improvementscost of any such repairs required as a result of the negligence, willful misconduct or breach of this Lease, by Landlord, its agents, employees or contractors, and; provided, further, that during the initial term of this Lease, and leasehold improvements installed other than in the Leased Premises by event of an insured casualty loss to the extent of insurance proceeds as pertains thereto, under no circumstances shall Landlord require Tenant to replace, as opposed to repair, the roof and the parking lot of the Premises. At all times Landlord agrees to assign to Tenant (or by previous tenantsenforce for Tenant's benefit) all warranties, extended warranties and guarantees with respect to the HVAC system, and all trade fixtures including all glass portions other systems, of exterior and demising wallsany kind or nature, but with serving the exception of structural members or elements of the Leased Premises and defects which Tenant is required to repair hereunder. Upon the expiration or termination of this Lease, and subject to the provisions of Article XII below, Tenant shall surrender the Premises to Landlord in construction performed or installations good condition and repair, excepting ordinary wear and tear, damage and destruction, condemnation, repairs required under this Lease to be made by the Landlord Landlord, and Insured Damage therein;acts or omissions of Landlord, its agents, employees, or independent contractors. (b) that During the Landlord term of this Lease Tenant shall maintain a service contract providing for the maintenance of the HVAC system serving the Premises on at least a quarterly basis. If Tenant is required to replace any such systems during the last five (5) years of the term (or extended term, as the case may enter be) of this Lease, Landlord, upon the termination of this Lease, shall reimburse Tenant for an amount equal to the product obtained by multiplying the cost thereof by a fraction equal to (i) one (1) minus (ii) a fraction, the numerator of which shall be the number of days subsequent to the date Tenant paid bills for the same to and view including the state last day of repairthe term (or extended term, as the case may be) of this Lease, and that the denominator of which shall be the number of days in the entire "useful life" of such systems. However, if Tenant will repair according and Landlord shall subsequently renew or extend this Lease, then Tenant shall continue to notice in writing, and that the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a); (c) that if any part pay its share of the Building including cost of such systems over the systems for heating, ventilating, air conditioning and interior climate control and for remaining useful life thereof during the provision renewal or extended term of utilities becomes out of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this Lease.

Appears in 1 contract

Samples: Lease (Ultimate Electronics Inc)

Tenant’s Repairs. The Tenant covenants with Subject to and except for the items which are Landlord: (a) to keep ’s repair obligations in a good Section 7.2 and reasonable state of repair and consistent with the general standards of comparable commercial buildings in the City of Burnaby, but subject to Section 6.03(b) the Leased provisions of Articles 11 and 13 below, Tenant shall, at Tenant’s own expense, keep the Premises including all Leasehold Improvements, and leasehold improvements installed in the Leased Premises by the Landlord or by previous tenants, and all trade fixtures including all glass portions thereof which were not constructed or installed by or on behalf of exterior and demising walls, but with the exception of structural members or elements of the Leased Premises and defects in construction performed or installations made by the Landlord and Insured Damage therein; (b) that the Landlord may enter and view the state of repair, and that the Tenant will repair according to notice in writing, and that the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a); (c) that if any as part of the Building Base, Shell and Core, including all improvements, fixtures, equipment and furnishings in 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 first-class order, condition and repair at all times during the Lease Term, except for heating, ventilating, air conditioning ordinary wear and interior climate control tear and for casualty damage which is not specifically made the provision responsibility of utilities becomes out of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this Lease. In connection with such repair 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 not be unreasonably withheld, conditioned or delayed), 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, if Tenant fails to make such repairs 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 to Landlord, within thirty (30) days after invoice, the 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 telephonic notice, in cases 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 necessary or desirable in connection with the first-class management and operation standards for the Building set forth herein, and/or as may be required for Landlord to 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 shall use commercially reasonable efforts to minimize interference with Xxxxxx’s use of and access to the Premises during Xxxxxxxx’s entry into the Premises to perform such work pursuant to the foregoing provisions of this Section 7.1.

Appears in 1 contract

Samples: Office Lease (Intuit Inc)

Tenant’s Repairs. The Subject to the provisions of Article 8.1 and Article 10, Tenant, at Tenant's expense, shall keep in good order, condition and repair the Property and every part thereof (regardless of whether the damaged portion of the Property or the means of repairing the same are accessible to Tenant) including, without limiting the generality of the foregoing, all plumbing, HVAC, electrical and lighting facilities and equipment, fixtures, interior walls, ceilings, windows, doors, plate glass, skylights, tenant identification signs within the Property, asphalt pavement, and fences surrounding the Property including but not limited to damage due to break- ins, theft or vandalism. Tenant covenants shall cause all grease traps (if any) serving the Premises to be cleaned and serviced as often as may be required by law, ordinance or regulation or in order to keep the grease traps safe, sanitary and in good working order, and shall, within five (5) days of receipt, furnish to Landlord true copies of all receipts or other evidence of service from outside vendors who empty, clean or service the grease traps. In the event that Xxxxxx fails to comply with the Landlord: (a) to keep obligations set forth in a good and reasonable state of repair and consistent with the general standards of comparable commercial buildings in the City of Burnabythis Paragraph 8.2, Landlord may, but subject to Section 6.03(b) the Leased Premises including all Leasehold Improvementsshall not be obligated to, and leasehold improvements installed in the Leased Premises by the Landlord or by previous tenantsperform any such obligation on behalf of, and all trade fixtures including all glass portions of exterior and demising walls, but with the exception of structural members or elements of the Leased Premises and defects in construction performed or installations made by the Landlord and Insured Damage therein; (b) that the Landlord may enter and view the state of repair, and that the Tenant will repair according to notice in writing, and that the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a); (c) that if any part of the Building including the systems for heating, ventilating, air conditioning and interior climate control and for the provision account of utilities becomes out Tenant, and Tenant shall reimburse Landlord for all costs and expenses paid or incurred on behalf of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting connection with performing the obligations of set forth herein. Tenant expressly waives the Tenant right to make repairs at Landlord’s expense under this Lease.any law, statute or ordinance now or hereafter in effect.‌

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Repairs. The Tenant covenants with the Landlord: (a) Landlord to repair, maintain and keep at the Tenant's own cost, except insofar as the obligation to repair rests upon the Landlord pursuant to this paragraph, the Leased Premises, including Leasehold Improvements in a good and substantial repair, reasonable state of repair wear and consistent with the general standards of comparable commercial buildings in the City of Burnabytear excepted, but subject provided that this obligation shall not extend to Section 6.03(b) the Leased Premises including all Leasehold Improvements, and leasehold improvements installed in the Leased Premises by structural elements or to exterior glass or to repairs which the Landlord or by previous tenants, and all trade fixtures including all glass portions would be required to make under this paragraph but for the exclusion therefrom of exterior and demising walls, but with defects not sufficient to impair the exception of structural members or elements Tenant's use of the Leased Premises and defects while using them in construction performed or installations made by the Landlord and Insured Damage therein; (b) that the a manner consistent with this Lease. The Landlord may enter the Leased Premises with reasonable notice ------------------------------- (subject to Tenant's reasonable security precautions and right --------------------------------------------------------------- to -- accompany Landlord at all times) (except in the case of an ---------------------------------------------------------- emergency) and view the state of condition thereof and the Tenant ---------- covenants with the Landlord to repair, maintain and that keep the Tenant will Leased Premises in good and substantial repair according to notice in writing, reasonable wear and tear excepted. If the Tenant shall fail to repair as aforesaid after reasonable notice to do so, the Landlord may effect the repairs and the Tenant shall pay the reasonable cost thereof to the Landlord on demand. The Tenant covenants with the Landlord that the Tenant will leave at the expiration of the Term or sooner termination thereof peaceably surrender the Leased Premises and appurtenances in a good and substantial repair and condition, reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a); (c) that if any part of the Building including the systems for heating, ventilating, air conditioning wear and interior climate control and for the provision of utilities becomes out of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this Leasetear excepted.

Appears in 1 contract

Samples: Lease Agreement (Talk City Inc)

Tenant’s Repairs. The Except as expressly provided in Subparagraph 10.A above, Tenant covenants with shall, at its sole cost, keep and maintain the Landlord: (a) to keep in a good entire Premises and reasonable state of repair every part thereof, including without limitation, the windows, window frames, plate glass, glazing, skylights, truck doors, doors and consistent with all door hardware, the general standards of comparable commercial buildings in the City of Burnaby, but subject to Section 6.03(b) the Leased Premises including all Leasehold Improvementswalls and partitions, and leasehold improvements installed in the Leased Premises by the Landlord or by previous tenantselectrical, and all trade fixtures including all glass portions of exterior and demising wallsplumbing, but with the exception of structural members or elements of the Leased Premises and defects in construction performed or installations made by the Landlord and Insured Damage therein; (b) that the Landlord may enter and view the state of repair, and that the Tenant will repair according to notice in writing, and that the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a); (c) that if any part of the Building including the systems for heating, ventilating, air conditioning and interior climate control and for the provision of utilities becomes out of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevatorslighting, heating, ventilating and air conditioning apparatussystems and equipment in good order, electric lightingcondition and repair. The term "repair" shall include replacements, boilers or machineryrestorations and/or renewals when necessary as well as painting. Tenant's obligation shall extend to all alterations, or anything pertaining additions and improvements to the Premises, and all fixtures and appurtenances therein and thereto. Tenant shall, to omit at all times during the operation Lease Term, have in effect a service contract for the maintenance of the elevators, heating, ventilating and air conditioning apparatus ("HVAC") equipment with an HVAC repair and maintenance contractor approved by Landlord. The HVAC service contract shall provide for periodic inspection and servicing at least once every three (3) months during the term hereof, and Tenant shall provide Landlord with a copy of such contract and all periodic service reports. Notwithstanding the foregoing, if during the term of this Lease, any of the air conditioning equipment servicing the Premises which exist as of the date of the execution of this Lease (exclusive of any air conditioning equipment installed as part of the Improvements constructed pursuant to Exhibit "C" or electric lighting otherwise installed by Tenant) requires replacement notwithstanding Tenant's performance of its inspection and servicing obligations as provided above, then Landlord shall make the required replacement of the HVAC equipment in question and, in that event: (i) the cost of such replacement shall be amortized over one hundred twenty (120) months, together with interest on the unamortized balance at the rate of ten percent (10%) per annum; (ii) Tenant shall pay to Landlord, as Additional Rent, an amount equal to such monthly amortization for each month after such replacement is completed until necessary the first to occur of (x) the end of the Lease Term (including the Option Term, if exercised), or (y) the end of the one hundred twenty (120) month amortization term; and (iii) the amount of such Additional Rent that Tenant is required to pay shall be due at the same time the Monthly Installment of rent is due. Should Tenant fail to make repairs required of Tenant hereunder forthwith upon five (5) 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 five (5) days of written demand by Landlord. Landlord shall have no maintenance or repair obligations whatsoever with respect to the Premises except as expressly provided in Subparagraph 10.A and Paragraphs 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 portion of the Premises or the Building or Common Area (or any of the areas used in connection with the operation thereof, or in or to any fixtures, appurtenances or equipment), or by reason of the negligence of Tenant or any other tenant or occupant of the Parcel. In no event shall Landlord be responsible for any consequential damages arising or alleged to have been made and completedarisen 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 Building, or the Common Area, 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, obstructure or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause (except for Landlord's active negligence or willful misconduct), whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the Building, or 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 Tenant. Landlord shall not be at liberty to do so without in liable for any manner damages arising from any act or respect affecting the obligations neglect of any other tenant, if any, of the Tenant under this LeaseBuilding or the Parcel.

Appears in 1 contract

Samples: Lease Agreement (Oplink Communications Inc)

Tenant’s Repairs. The (A) Subject to the terms of this Article 8 and to Article 15 hereof and Article 16 hereof, Tenant, at Tenant’s expense, shall take good care of the interior, non-structural portions of the Premises (including, without limitation, (i) the fixtures and equipment that are installed in the Premises on the Commencement Date, (ii) the Alterations, and (iii) the systems exclusively serving and located within the Premises that distribute within the Premises electricity, HVAC or water), all subject to Landlord’s repair of Latent Defects subject to and in accordance with Section 6.2(G) hereof. Tenant covenants shall make all repairs to the Premises required hereunder as and when needed to preserve the Premises in good condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Article 15 hereof. Nothing contained in this Section 8.2(A) shall require Tenant to perform any repairs to the Premises that are Landlord’s obligation to perform under Section 8.1 hereof or expressly stated elsewhere in this Lease. All repairs made by Tenant as contemplated by this Section 8.2(A) shall be in conformity with the Landlord:standards that are customary for first-class office buildings in the vicinity of the Building. Tenant shall perform such repairs in accordance with the terms of Article 7 hereof, including, without limitation, Sections 7.4 and 7.9 hereof. (B) Subject to the terms of this Section 8.2(B), if (a) Landlord gives Tenant a notice that Tenant has failed to keep in perform a good and reasonable state of repair and consistent with the general standards of comparable commercial buildings in the City of Burnaby, but subject that this Section 8.2 obligates Tenant to Section 6.03(b) the Leased Premises including all Leasehold Improvementsperform, and leasehold improvements installed in the Leased Premises by the Landlord or by previous tenants, and all trade fixtures including all glass portions of exterior and demising walls, but with the exception of structural members or elements of the Leased Premises and defects in construction performed or installations made by the Landlord and Insured Damage therein; (b) Tenant fails to proceed with reasonable diligence to make such repair within twenty (20) days after the date that Landlord gives such notice to Tenant (or such shorter period that Landlord designates in such notice to the extent reasonably required under the circumstances to alleviate an imminent threat to persons or property), then (i) Landlord may enter and view the state of make such repair, and (ii) Tenant shall pay to Landlord, as additional rent, the reasonable Out-of-Pocket Costs thereof, with interest thereon at the Applicable Rate calculated from the date that Landlord incurs such expenses, within thirty (30) days after Landlord gives Tenant an invoice therefor together with reasonable supporting documentation for the charges set forth therein. If (x) a particular repair that this Section 8.2 obligates Tenant will repair according to notice in writingperform cannot be performed with reasonable diligence during the aforesaid period of twenty (20) days (or during such shorter period that Landlord designates, as the case may be), and (y) Tenant commences such repair during such period of twenty (20) days (or such shorter period that the Tenant will leave the Leased Premises in a good and reasonable state of repairLandlord designates), subject always to the exceptions referred to in Section 6.02(a); (c) that if any part of the Building including the systems for heating, ventilating, air conditioning and interior climate control and for the provision of utilities becomes out of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the then Landlord shall be at liberty not have the right to do so without perform such repair on Tenant’s behalf as otherwise described in any manner or respect affecting this Section 8.2(B) unless Tenant fails to pursue such repair with reasonable continuity and diligence. Nothing contained in this Section 8.2(B) limits the obligations remedies that are available to Landlord after the occurrence of the Tenant under this Leasean Event of Default.

Appears in 1 contract

Samples: Lease Agreement (fuboTV Inc. /FL)

Tenant’s Repairs. The (A) Subject to the terms of this Article 8 and to Article 15 hereof and Article 16 hereof, Tenant, at Tenant’s expense, shall take good care of the Premises (including, without limitation, (i) the fixtures and equipment that are installed in the Premises on the Commencement Date, (ii) the Alterations, and (iii) the systems wholly within the Premises that distribute within the Premises electricity, heat or water). Tenant covenants shall make all repairs to the Premises as and when needed to preserve the Premises in good condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Article 15 hereof. Nothing contained in this Section 8.2(A) shall require Tenant to perform any repairs to the Premises that are Landlord’s obligation to perform under Section 8.1 hereof. All repairs made by Tenant as contemplated by this Section 8.2(A) shall be in conformity with the Landlord:standards that are customary for first-class office buildings in the vicinity of the Building. Tenant shall perform such repairs in accordance with the terms of Article 7 hereof. (B) Subject to the terms of this Section 8.2(B), if (a) Landlord gives Tenant a notice that Tenant has failed to keep in perform a good and reasonable state of repair and consistent with the general standards of comparable commercial buildings in the City of Burnaby, but subject that this Section 8.2 obligates Tenant to Section 6.03(b) the Leased Premises including all Leasehold Improvementsperform, and leasehold improvements installed in the Leased Premises by the Landlord or by previous tenants, and all trade fixtures including all glass portions of exterior and demising walls, but with the exception of structural members or elements of the Leased Premises and defects in construction performed or installations made by the Landlord and Insured Damage therein; (b) Tenant fails to proceed with reasonable diligence to make such repair within twenty (20) days after the date that Landlord gives such notice to Tenant (or such shorter period that Landlord designates in such notice to the extent reasonably required under the circumstances to alleviate an imminent threat to persons or property), then (i) Landlord may enter and view the state of make such repair, and that (ii) Tenant shall pay to Landlord, as additional rent, the Tenant will repair according to notice in writing, and that the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a); (c) that if any part of the Building including the systems for heating, ventilating, air conditioning and interior climate control and for the provision of utilities becomes out of repairpocket expenses thereof, damaged or destroyed through with interest thereon at the negligence or misuse Applicable Rate calculated from the date that Landlord incurs such expenses, within thirty (30) days after Landlord gives Tenant an invoice therefor. Nothing contained in this Section 8.2(B) limits the remedies that are available to Landlord after the occurrence of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense an Event of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this LeaseDefault.

Appears in 1 contract

Samples: Lease (dELiAs, Inc.)

Tenant’s Repairs. The Subject to Landlord’s repair obligations in Section 7.2 below, and except for any damage by casualty which is not Tenant’s obligation to repair pursuant to Article 11 below, Tenant covenants shall, at Tenant’s own expense, and with contractors reasonably acceptable to Landlord and subject to Tenant’s compliance with the Landlord: following provisions of this Section 7.1 and the provisions of Section 8.2 below, keep the Building and every part thereof, including, without limitation, all tenant improvements, Alterations, additions, equipment, restrooms, fixtures and furnishings therein (a) to keep 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 a good and reasonable state of first-class order, repair and consistent with condition at all times from and after the general standards of comparable commercial buildings Original Premises Delivery Date and continuing throughout the Lease Term, it being acknowledged and agreed that notwithstanding anything in the City foregoing to the contrary, Tenant’s repair and maintenance obligations described hereinabove with respect to the interior of Burnaby, but subject 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 Section 6.03(b) the Leased Premises including all Leasehold Improvements, extent such maintenance and leasehold improvements installed repairs are necessitated in the Leased Premises 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 or by previous tenantsas additional rent, the reasonable cost of such maintenance and all trade fixtures including all glass portions of exterior repairs); provided, however, if and demising walls, but with the exception of structural members or elements of the Leased Premises and defects in construction performed or installations made by the Landlord and Insured Damage therein; (b) that the Landlord may enter and view the state of repair, and that the Tenant will repair according to notice in writing, and that the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a); (c) that if any part of the Building including the systems for heating, ventilating, air conditioning extent such maintenance and interior climate control and for the provision of utilities becomes out of repair, damaged or destroyed through repairs are caused by the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinerywillful misconduct of, or anything pertaining theretoomission of any duty by, Landlord, its agents, employees or contractors and the same is not covered by insurance maintained or required to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the 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 Building and replace or repair all damaged or broken fixtures and appurtenances (subject, however, to the provisions of Article 11 below regarding casualty damage to the Building). If (A) Landlord provides written notice to Tenant of the need for repairs and/or maintenance which are Tenant’s obligation to perform under this Lease, and (B) Tenant fails to undertake such repairs and/or maintenance within thirty (30) days after receipt of such notice, or such longer time as is reasonably necessary if more than thirty (30) days are reasonably required to complete such repairs and Tenant 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 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 to Landlord, reasonably cooperate with Tenant in attempting to enforce any such warranties and/or guaranties.

Appears in 1 contract

Samples: Lease (Polycom Inc)

Tenant’s Repairs. The Tenant covenants with the Landlord: (a) to a. To keep in a good and reasonable state of repair and consistent with the general standards of comparable commercial buildings in the City of Burnabycity in which the Building is located, but subject to Section 6.03(b) Article 8.3b the Leased Premises including all Leasehold Improvements, and leasehold improvements installed in the Leased Premises by the Landlord or by previous tenants, Improvements and all trade fixtures therein and all glass therein including all glass portions of exterior and demising wallswalls thereof, but with the exception of structural members or elements of the Leased Premises and defects in construction performed or installations made by the Landlord and Insured Damage therein; (b) that b. That the Landlord may enter and view the state of repair, and that the Tenant will repair according to notice in writing, and that the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a);Article 8.2a; and (c) that c. That if any part of the Building including the systems for heating, ventilating, air conditioning and interior climate control and for the provision of utilities becomes out of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and. (d) d. that in case it shall become necessary or proper at if any time from accident or for improving the condition or operation part of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation service areas of the elevatorsbuilding become damaged as a result of the Tenant's leasehold improvements or any other work performed by the Tenant or the Tenant's employees, heatingtrades or subtrades, ventilating and air conditioning apparatus or electric lighting until the expense of the necessary repairs or improvements replacements shall have been made and completed, be reimbursed to the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this Leaseupon demand.

Appears in 1 contract

Samples: Lease Agreement (Quantex Capital Corp)

Tenant’s Repairs. The Tenant covenants with All repairs to the Landlord: (a) to keep in a good and reasonable state of repair and consistent with the general standards of comparable commercial buildings in the City of Burnaby, but subject to Section 6.03(b) the Leased Premises including all Leasehold Improvements, and leasehold improvements installed in the Leased Premises by the Landlord or by previous tenants, and all trade fixtures including all glass portions of exterior and demising walls, but with the exception of structural members or elements any of the Leased Premises and defects in construction performed installations, equipment or installations facilities therein, other than those repairs required to be made by the Landlord and Insured Damage therein; (b) that the Landlord may enter and view the state of repairpursuant to Subsection 10.01 shall be made by Tenant at its expense. Tenant shall be responsible, and that the Tenant will repair according at its expense, to notice in writing, and that the Tenant will leave the Leased Premises in a good and reasonable state of repair, subject always make or cause to be made repairs to the exceptions referred to in Section 6.02(a); (c) that if any part of the Building including the systems for heating, ventilating, air conditioning and interior climate control and for the provision of utilities becomes out of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating and or air conditioning system servicing the Premises. Without limitation of the foregoing, Tenant shall keep the interior of the Premises, together with all 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 term 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, electric lightingoccupation or use of the Premises. Any damage or injuries sustained by any person because of mechanical, boilers or machineryelectrical, or anything pertaining theretoplumbing or any other equipment or installations, whose maintenance and repairs is the responsibility of Tenant, shall be paid for by Tenant, and Tenant shall indemnify and hold Landlord harmless from 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 omit properly repair the operation of the elevatorsPremises as set forth above, heatingLandlord, ventilating and air conditioning apparatus or electric lighting until necessary in addition to any other remedies it may have available to it, may cause said repairs or improvements shall have been to be made and completedcharge the expenses to Tenant, and Tenant shall pay the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this Leasesame as Additional Rent.

Appears in 1 contract

Samples: Lease Agreement (Dover Saddlery Inc)

Tenant’s Repairs. The Tenant covenants with the LandlordLandlord that: (a) to the Tenant shall at all times during the Term hereof at its own cost and expense, repair, maintain and keep in a good all of the Tenant’s equipment and reasonable state of repair and consistent with the general standards of comparable commercial buildings in the City of Burnaby, but subject to Section 6.03(b) the Leased Premises including all Leasehold Improvements, and leasehold improvements installed fixtures in the Leased Premises (but no part of the Common Facilities unless damaged by the Tenant or those for whom the Tenant is responsible at law) in good order and repair and replace them when necessary, as a careful owner would do, including, but without limitation, the floor, exterior and interior doors, windows, window frames and mullions, plate glass, glass partitions, within the Leased Premises (but excluding any glass on the perimeter of the Building unless damaged by the Tenant or those for whom the Tenant is responsible at law), and any improvements now or hereafter made to the Leased Premises, and the following shall apply: (i) the Tenant shall be exempted for repairs for reasonable wear and tear and repairs for which the Landlord is responsible under section 6.7, except: (A) as provided for in section 6.2; and (B) provided that if repairs, replacements or rebuilding, including rectifying any damage and destruction under sections 6.2 and 6.3, by the Landlord are required as a result of the negligent act or by previous tenantsomission of the Tenant, its contractors, agents or employees, the Tenant shall pay the Landlord on demand the cost of those repairs as Additional Rental; and (ii) the Tenant shall perform maintenance, effect repairs and replacements, and all trade fixtures including all glass portions of exterior decorate at its own cost and demising walls, but with the exception of structural members expense as and when necessary or elements of the Leased Premises and defects in construction performed or installations made reasonably required to do so by the Landlord and Insured Damage thereinLandlord; (b) that the Landlord may enter and view the state of repair, and that the Tenant will shall install, operate, repair according to notice in writing, and that the Tenant will leave the Leased Premises in a good maintain any Special Equipment at its sole cost and reasonable state of repair, subject always to the exceptions referred to in Section 6.02(a);expense; and (c) that if any part of the Tenant shall be responsible for its own janitorial services within the Leased Premises and shall coordinate such services with the Building including the systems for heating, ventilating, air conditioning and interior climate control and for the provision of utilities becomes out of repair, damaged or destroyed through the negligence or misuse of the Tenant or its employees, invitees or others over which the Tenant can reasonably be expected to exercise control, the expense of repairs or replacements thereto necessitated thereby shall be reimbursed to the Landlord promptly upon demand; and (d) that in case it shall become necessary or proper at any time from accident or for improving the condition or operation of the elevators, heating, ventilating and air conditioning apparatus, electric lighting, boilers or machinery, or anything pertaining thereto, to omit the operation of the elevators, heating, ventilating and air conditioning apparatus or electric lighting until necessary repairs or improvements shall have been made and completed, the Landlord shall be at liberty to do so without in any manner or respect affecting the obligations of the Tenant under this Leasemanager.

Appears in 1 contract

Samples: Lease Agreement (Business Objects S.A.)

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