Tenant’s Repairs. Tenant, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).
Appears in 3 contracts
Samples: Industrial Triple Net Lease (Orbital Energy Group, Inc.), Industrial Triple Net Lease (Orbital Energy Group, Inc.), Industrial Triple Net Lease (Orbital Energy Group, Inc.)
Tenant’s Repairs. TenantSubject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at its Tenant’s own cost and expense, shallkeep the Premises, except for those structural items specifically required including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain promptly and adequately repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the systems serving the PremisesHVAC, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systemselectrical, mechanical systemsplumbing, electrical systemslife safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), crane systemsin a first-class condition. Tenant’s obligations shall include restorations, rail spursreplacements or renewals, dock boardsincluding capital expenditures for restorations, truck doorsreplacements or renewals which will have an expected life beyond the Term, dock bumpers, paving, plumbing work and fixtures, sewer lines, as when necessary to keep the Premises and facilities all improvements thereon or a part thereof and the Premises Systems in goodfirst-class order, safecondition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, operating condition orit is intended by the parties hereto that Landlord shall have no obligation, if betterin any manner whatsoever, to repair or maintain the Premises, the condition that exists on improvements located therein or the Effective Date hereofequipment therein, (iii) provide termite and pest extermination as needed to keep or the nonstructural aspects of the Premises free from insect and/or rodent infestationsSystems, all of which obligations are intended to be the expense of Tenant (iv) provide for regular removal whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in a neat forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and reasonably clean and sanitary conditionmaintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (v10) keep years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the parking areas, driveways and alleys surrounding cost of all interior nonstructural improvements or adjacent alterations to the Premises in a cleanor the Premises Systems required by law. Notwithstanding the foregoing, safe at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesreplacements, and (vi) if Tenant desires railroad spur track service and shall pay Landlord the same is available at the Premisescost thereof, pay the entirety including a percentage of the cost of thereof (to be uniformly established for the obtaining Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with other costs or expenses arising from Landlord’s prior written approval, which shall not be unreasonably withheld, subject to involvement with such terms, conditions repairs and requirements as Landlord may specify)replacements forthwith upon being billed for same.
Appears in 3 contracts
Samples: Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.)
Tenant’s Repairs. Tenant(a) Tenant shall keep and maintain, at its own cost and Tenant's expense, shallall and every other part of the demised premises in good order, except for those structural items specifically required to be maintained condition and repair, including, by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) way of example but not limitation: (i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, leasehold improvements; (ii) promptly all HVAC unit(s), equipment and systems (including all components thereof) serving the demised premises; (iii) interior plumbing and sewage facilities; (iv) all interior lighting; (v) electric signs; (vi) all interior walls; (vii) floor coverings; (viii) ceilings; (ix) appliances and equipment; (x) all doors, exterior entrances, windows and window moldings; (xi) plate glass; (xii) signs and showcases surrounding and within the demised premises; (xiii) the store front; (xiv) sprinkler systems including supervisory alarm service in accordance with National Fire Protection Association standards and current local and state fire protection standards to ensure property operation, and as required by Section 27(b) below.
(b) Sprinkler systems, if any, located in Tenant's area shall be maintained in accordance with National Fire Protection Association standards to ensure proper operation. Sprinkler control valves (interior and exterior) located in Tenant's area shall be monitored by supervisory alarm service. In the event local or state codes do not require alarm systems, Tenant shall provide alarm service on all sprinkler systems to detect water flow and tampering with exterior and interior main control valves of the sprinkler system servicing Tenant's premises. Moreover, it shall be Tenant's responsibility to contact the Commercial Property Manager at 0000 Xxxxxx Xxxxxx, Xxxxxxxx, Xxxx 00000-0000, (000) 000-0000, in the event the sprinkler system in the demised premises is ever shut off for any reason, and advise same of any damage occasioned or caused by the actions of Tenant, its agents, invitees, or employees, and/or as a result of Tenant's repair obligations hereunder. In the event fifty percent (50%) or more of the total number of sprinkler heads require replacement at any one time as part of ordinary maintenance, such cost shall be fifty percent (50%) borne by Landlord and fifty percent (50%) borne by Tenant. Tenant shall replace all sprinkler heads due to painting or environmental exposure from Tenant's operations. All other cost of maintaining the sprinkler system in Tenant's area shall be paid by Tenant.
(c) If Landlord deems any repair which Tenant is required to make all necessary repairs hereunder to be necessary, Landlord may demand that Tenant make such repair immediately. If Tenant refuses or neglects to make such repair and replacements to complete the same with reasonable dispatch, Landlord may make such repair and Tenant shall, on demand, immediately pay to Landlord the cost of said repair, together with annual interest at the Interest Rate. Landlord shall not be liable to Tenant for any loss or damage that may accrue to Tenant's stock or business by reason of such work or its results.
(d) Neither Tenant nor any of its contractors are permitted access to or permitted to perform alterations of any kind to the Premises and roof of the systems serving building.
(e) Tenant shall pay promptly when due the Premises, entire cost of work in the demised premises undertaken by Tenant under this Lease (including, but not limited to, windowsTenant's Work and/or alterations permitted under Section 8 of this Lease) so that the demised premises and the Shopping Center shall at all times be free of liens for labor and materials arising from such work; to procure all necessary permits before undertaking any such work; to do all of such work in a good and workmanlike manner, glass employing materials of good quality; to perform such work only with contractors previously reasonably approved of in writing by Landlord; to comply with all governmental requirements; and plate glass doorssave Landlord and its agents, officers, employees, contractors and invitees harmless and indemnified from all liability, injury, loss, cost, damage and/or expense (including reasonable attorneys' fees and expenses) in respect of any injury to, or death of, any special office entryperson, interior walls and finish workand/or damage to, doors and floor coveringor loss or destruction of, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding any property occasioned by or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance growing out of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)work.
Appears in 3 contracts
Samples: Lease (Retail Ventures Inc), Lease (Retail Ventures Inc), Lease (Retail Ventures Inc)
Tenant’s Repairs. (a) Tenant shall keep and maintain, at Tenant's expense, all and every other part of the Premises in good order, condition and repair, including, by way of example but not limitation: (i) all leasehold improvements; (ii) all HVAC unit(s), equipment and systems (including all components thereof) serving the Premises; (iii) interior plumbing and sewage facilities; (iv) all interior lighting; (v) electric signs; (vi) all interior walls; (vii) floor coverings; (viii) ceilings; (ix) appliances and equipment; (x) all doors, exterior entrances, windows and window moldings; (xi) plate glass; (xii) signs and showcases surrounding and within the Premises; (xiii) the store front; (xiv) sprinkler systems including supervisory alarm service in accordance with National Fire Protection Association standards and current local and state fire protection standards to ensure property operation.
(b) Sprinkler systems, if any, located in Tenant's area shall be maintained in accordance with National Fire Protection Association standards to ensure proper operation. Sprinkler control valves (interior and exterior) located in Tenant's area shall be monitored by supervisory alarm service. In the event local or state codes do not require alarm systems, Tenant shall provide alarm service on all sprinkler systems to detect water flow and tampering with exterior and interior main control valves of the sprinkler system servicing Tenant's premises. Moreover, it shall be Tenant's responsibility to contact Xxxxx Xxxxx, Commercial Property Manager at 0000 Xxxxxx Xxxxxx, Xxxxxxxx, Xxxx 00000-0000 at (000) 000-0000, in the event the sprinkler system in the Premises is ever shut off for any reason, and advise same of any damage occasioned or caused by the actions of Tenant, its agents, invitees, or employees, and/or as a result of Tenant's repair obligations hereunder. In the event fifty percent (50%) or more of the total number of sprinkler heads require replacement at any one time as part of ordinary maintenance, but excluding repairs or replacements that arise from (x) repairs, installations alterations, or improvements made by or for Tenant or anyone claiming under Tenant, or (y) the fault or misuse of Tenant or anyone claiming under Tenant, such cost shall be fifty percent (50%) borne by Landlord and fifty percent (50%) borne by Tenant. Tenant, at its own Tenant's sole cost and expense, shall replace all sprinkler heads due to repairs, installations, alterations, or improvements made by or for Tenant or anyone claiming under Tenant, the fault or misuse of Tenant or anyone claiming under Tenant, painting or environmental exposure from Tenant's operations. All other costs of maintaining the sprinkler system in the Premises shall be paid by Tenant.
(c) If Landlord deems any repair which Tenant is required to make hereunder to be necessary, Landlord may demand that Tenant make such repair immediately. If Tenant refuses or neglects to make such repair and to complete the same with reasonable dispatch, Landlord may make such repair and Tenant shall, except on demand, immediately pay to Landlord the cost of said repair, together with annual interest at the Interest Rate. Landlord shall not be liable to Tenant for those structural items specifically required any loss or damage that may accrue to be maintained Tenant's stock or business by Landlord under Paragraph 4A hereof reason of such work or its results.
(subject d) Neither Tenant nor any of its contractors are permitted access to or permitted to perform alterations of any kind to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts roof of the Premises and keep them Premises.
(e) Tenant shall pay promptly when due the entire cost of work in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, undertaken by Tenant under this Lease (including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep Tenant's Work and/or alterations permitted under Section 7 of this Lease) so that the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite Center shall at all times be free of liens for labor and pest extermination as needed materials arising from such work; to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal procure all necessary permits before undertaking any such work; to do all of Tenant's trash and debris, and proper disposal thereof such work in a licensed waste facilitygood and workmanlike manner, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other employing materials of Tenantgood quality; to perform such work only with contractors previously reasonably approved of in writing by Landlord; to comply with all governmental requirements; and save Landlord and its agents, its officers, employees, agentscontractors and invitees harmless and indemnified from all liability, contractorsinjury, invitees loss, cost, damage and/or expense (including reasonable attorneys' fees and licensees, and (viexpenses) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance in respect of any spur track servicing the Premises (providedinjury to, howeveror death of, that no rail spur service will be connected to the Premises except with Landlord’s prior written approvalany person, which shall not be unreasonably withheldand/or damage to, subject to or loss or destruction of, any property occasioned by or growing out of any such terms, conditions and requirements as Landlord may specify)work.
Appears in 2 contracts
Samples: Lease (DSW Inc.), Lease (Retail Ventures Inc)
Tenant’s Repairs. (a) Tenant shall keep and maintain, at Tenant's expense, all and every other part of the demised premises in good order, condition and repair, including, by way of example but not limitation: (i) all leasehold improvements; (ii) all HVAC unit(s), equipment and systems (including all components thereof) serving the demised premises; (iii) interior utility systems exclusively serving the demised premises; (iv) plumbing and sewage facilities; (v) all interior lighting; (vi) electric signs; (vii) all interior walls; (viii) floor coverings; (ix) ceilings; (x) appliances and equipment; (xi) all doors, exterior entrances, windows and window moldings; (xii) plate glass; (xiii) signs and showcases surrounding and within the demised premises; (xiv) the store front; (xv) sprinkler systems including supervisory alarm service in accordance with National Fire Protection Association standards and current local and state fire protection standards to ensure property operation, and as required by Section 27(b) below.
(b) Sprinkler systems, if any, located in Tenant's area shall be maintained in accordance with National Fire Protection Association standards to ensure proper operation. Sprinkler control valves (interior and exterior) located in Tenant's area shall be monitored by supervisory alarm service. In the event local or state codes do not require alarm systems, Tenant shall provide alarm service on all sprinkler systems to detect water flow and tampering with exterior and interior main control valves of the sprinkler system servicing Tenant's premises. Moreover, it shall be Tenant's responsibility to contact the Landlord’s property manager in the event the sprinkler system in the demised premises is ever shut off for any reason, and advise same of any damage occasioned or caused by the actions of Tenant, its agents, invitees, or employees, and/or as a result of Tenant's repair obligations hereunder. In the event fifty percent (50%) or more of the total number of sprinkler heads require replacement at any one time as part of ordinary maintenance, but excluding repairs or replacements that arise from (x) repairs, installations alterations, or improvements made by or for Tenant or anyone claiming under Tenant, or (y) the fault or misuse of Tenant or anyone claiming under Tenant, such cost shall be fifty percent (50%) borne by Landlord and fifty percent (50%) borne by Tenant. Tenant, at its own Tenant’s sole cost and expense, shall replace all sprinkler heads due to repairs, installations, alterations, or improvements made by or for Tenant or anyone claiming under Tenant, the fault or misuse of Tenant or anyone claiming under Tenant, painting or environmental exposure from Tenant's operations. All other costs of maintaining the sprinkler system in the demised premises shall be paid by Tenant.
(c) If Landlord deems any repair which Tenant is required to make hereunder to be necessary, Landlord may demand that Tenant make such repair immediately. If Tenant refuses or neglects to make such repair and to complete the same with reasonable dispatch, Landlord may make such repair and Tenant shall, except on demand, immediately pay to Landlord the cost of said repair, together with annual interest at the Interest Rate. Landlord shall not be liable to Tenant for those structural items specifically required any loss or damage that may accrue to be maintained Tenant's stock or business by Landlord under Paragraph 4A hereof reason of such work or its results.
(subject d) Neither Tenant nor any of its contractors are permitted access to or permitted to perform alterations of any kind to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts roof of the Premises and keep them building.
(e) Tenant shall pay promptly when due the entire cost of work in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, demised premises undertaken by Tenant under this Lease (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windowsTenant's Work and/or alterations permitted under Section 8 of this Lease) so that the demised premises and the Shopping Center shall at all times be free of liens for labor and materials arising from such work; to procure all necessary permits before undertaking any such work; to do all of such work in a good and workmanlike manner, glass employing materials of good quality; to perform such work only with contractors previously reasonably approved of in writing by Landlord; to comply with all governmental requirements; and plate glass doorssave Landlord and its agents, officers, employees, contractors and invitees harmless and indemnified from all liability, injury, loss, cost, damage and/or expense (including reasonable attorneys' fees and expenses) in respect of any injury to, or death of, any special office entryperson, interior walls and finish workand/or damage to, doors and floor coveringor loss or destruction of, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding any property occasioned by or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance growing out of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)work.
Appears in 1 contract
Samples: Lease (DSW Inc.)
Tenant’s Repairs. (a) Tenant shall keep and maintain, at Tenant's expense, all and every other part of the demised premises in good order, condition and repair, including, by way of example but not limitation: (i) all leasehold improvements; (ii) all HVAC unit(s), equipment and systems (including all components thereof) serving the demised premises; (iii) interior plumbing and sewage facilities; (iv) all interior lighting; (v) electric signs; (vi) all interior walls; (vii) floor coverings; (viii) ceilings; (ix) appliances and equipment; (x) all doors, exterior entrances, windows and window moldings; (xi) plate glass; (xii) signs and showcases surrounding and within the demised premises; (xiii) the store front; (xiv) sprinkler systems including supervisory alarm service in accordance with National Fire Protection Association standards and current local and state fire protection standards to ensure property operation, and as required by Section 27(b) below.
(b) Sprinkler systems, if any, located in Tenant's area shall be maintained in accordance with National Fire Protection Association standards to ensure proper operation. Sprinkler control valves (interior and exterior) located in Tenant's area shall be monitored by supervisory alarm service. In the event local or state codes do not require alarm systems, Tenant shall provide alarm service on all sprinkler systems to detect water flow and tampering with exterior and interior main control valves of the sprinkler system servicing Tenant's premises. Moreover, it shall be Tenant's responsibility to contact the Landlord's property manager, Xxx Xxxxx, at (000) 000-0000, in the event the sprinkler system in the demised premises is ever shut off for any reason, and advise same of any damage occasioned or caused by the actions of Tenant, its agents, invitees, or employees, and/or as a result of Tenant's repair obligations hereunder. In the event fifty percent (50%) or more of the total number of sprinkler heads require replacement at any one time as part of ordinary maintenance, but excluding repairs or replacements that arise from (x) repairs, installations alterations, or improvements made by or for Tenant or anyone claiming under Tenant, or (y) the fault or misuse of Tenant or anyone claiming under Tenant, such cost shall be fifty percent (50%) borne by Landlord and fifty percent (50%) borne by Tenant. Tenant, at its own Tenant's sole cost and expense, shall replace all sprinkler heads due to repairs, installations, alterations, or improvements made by or for Tenant or anyone claiming under Tenant, the fault or misuse of Tenant or anyone claiming under Tenant, painting or environmental exposure from Tenant's operations. All other costs of maintaining the sprinkler system in the demised premises shall be paid by Tenant.
(c) If Landlord deems any repair which Tenant is required to make hereunder to be necessary, Landlord may demand that Tenant make such repair immediately. If Tenant refuses or neglects to make such repair and to complete the same with reasonable dispatch, Landlord may make such repair and Tenant shall, except on demand, immediately pay to Landlord the cost of said repair, together with annual interest at the Interest Rate. Landlord shall not be liable to Tenant for those structural items specifically required any loss or damage that may accrue to be maintained Tenant's stock or business by Landlord under Paragraph 4A hereof reason of such work or its results.
(subject d) Neither Tenant nor any of its contractors are permitted access to or permitted to perform alterations of any kind to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts roof of the Premises and keep them building.
(e) Tenant shall pay promptly when due the entire cost of work in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, demised premises undertaken by Tenant under this Lease (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windowsTenant's Work and/or alterations permitted under Section 8 of this Lease) so that the demised premises and the Shopping Center shall at all times be free of liens for labor and materials arising from such work; to procure all necessary permits before undertaking any such work; to do all of such work in a good and workmanlike manner, glass employing materials of good quality; to perform such work only with contractors previously reasonably approved of in writing by Landlord; to comply with all governmental requirements; and plate glass doorssave Landlord and its agents, officers, employees, contractors and invitees harmless and indemnified from all liability, injury, loss, cost, damage and/or expense (including reasonable attorneys' fees and expenses) in respect of any injury to, or death of, any special office entryperson, interior walls and finish workand/or damage to, doors and floor coveringor loss or destruction of, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding any property occasioned by or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance growing out of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)work.
Appears in 1 contract
Samples: Lease (Retail Ventures Inc)
Tenant’s Repairs. TenantDuring the Term and any Term Extension, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair shall keep all parts components of the Premises and keep them the Project in goodgood order, safecondition, operating condition or, if better, the condition that exists on the Effective Date hereof, and repair (ii) promptly make all necessary repairs and replacements to the extent the need for such repairs occurs as a result of Tenant's use of the portion of the Premises or Project requiring repairs), reasonable wear and the systems serving the Premisestear and Construction Defects excluded, including, but not limited to, all equipment or facilities, such as plumbing, heating, ventilation, and air-conditioning ("HVAC"), electrical and lighting facilities, boilers, pressure vessels, fire protection systems, fixtures, exterior and interior walls, foundations, ceilings, roofs, floors, windows, glass and plate glass doors, any special office entryplate glass, interior walls landscaping and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning irrigation systems, mechanical systemsdriveways and parking areas, electrical systemsfences, crane systemsretaining walls, rail spurssigns, dock boardsand sidewalks ("Building Systems"). Tenant's obligations shall include restorations, truck doorsreplacements, dock bumpersor renewals when necessary. During the Term and any Term Extension, pavingTenant also shall keep the exterior appearance of the Building and the Greenhouse in a condition consistent with the exterior appearance of other substantially similar facilities of comparable age and size ("Similar Facilities") located within the area commonly known as the "I-40/RTP sub-market' (the "Sub-Market"), plumbing work and fixturesincluding, sewer lineswhen necessary, as necessary to keep the exterior sealing, resealing, or repainting of the Building and/or the Greenhouse. Tenant, in keeping the Premises and facilities the Project in goodgood order, safecondition, operating condition orand repair, if bettershall exercise and perform good maintenance practices, specifically including the procurement and maintenance of service contracts, with copies to Landlord, in customary form and substance for, and with contractors specializing and experienced in the maintenance of, the condition that exists on following Building Systems (the Effective Date hereof"Service Contracts"): (i) HVAC, (ii) boilers and pressure vessels, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestationsfire protection systems, (iv) provide for regular removal of Tenant's trash landscaping and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary conditionirrigation systems, (v) keep the roof covering and drains, (vi) driveways and parking areas, driveways and alleys surrounding or adjacent (vii) basic Utilities feeds to the Premises in a clean, safe perimeter of the Building and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesthe Greenhouse, and (viviii) if any other Building Systems reasonably required by Landlord. Tenant's obligations under this Section shall be at Tenant's sole cost and expense. If Tenant desires railroad spur track service fails to repair or maintain any portion of the Premises or the Project as required under this Section within 15 days after Landlord gives Tenant written demand to so repair or maintain, Landlord may perform such work and the same is available at the Premises, pay the entirety of the reasonable and necessary cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will thereof shall be connected payable to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements Landlord on demand as Additional Rent or includable by Landlord may specify)as an Operating Expense.
Appears in 1 contract
Tenant’s Repairs. (a) Tenant shall keep and maintain, at Tenant’s expense, all and every other part of the Premises in good order, condition and repair, including, by way of example but not limitation: (i) all leasehold improvements; (ii) all HVAC unit(s), equipment and systems (including all components thereof) serving the Premises; (iii) interior plumbing and sewage facilities; (iv) all interior lighting; (v) electric signs; (vi) all interior walls; (vii) floor coverings; (viii) ceilings; (ix) appliances and equipment; (x) all doors, exterior entrances, windows and window moldings; (xi) plate glass; (xii) signs and showcases surrounding and within the Premises; (xiii) the store front; (xiv) sprinkler systems including supervisory alarm service in accordance with National Fire Protection Association standards and current local and state fire protection standards to ensure property operation.
(b) Sprinkler systems, if any, located in Tenant’s area shall be maintained in accordance with National Fire Protection Association standards to ensure proper operation. Sprinkler control valves (interior and exterior) located in Tenant’s area shall be monitored by supervisory alarm service. In the event local or state codes do not require alarm systems, Tenant shall provide alarm service on all sprinkler systems to detect water flow and tampering with exterior and interior main control valves of the sprinkler system servicing Tenant’s premises. Moreover, it shall be Tenant’s responsibility to contact Cxxxx Xxxxx, VP Property Management at 600-000-0000, in the event the sprinkler system in the Premises is ever shut off for any reason, and advise same of any damage occasioned or caused by the actions of Tenant, its agents, invitees, or employees, and/or as a result of Tenant’s repair obligations hereunder. In the event fifty percent (50%) or more of the total number of sprinkler heads require replacement at any one time as part of ordinary maintenance, but excluding repairs or replacements that arise from (x) repairs, installations alterations, or improvements made by or for Tenant or anyone claiming under Tenant, or (y) the fault or misuse of Tenant or anyone claiming under Tenant, such cost shall be fifty percent (50%) borne by Landlord and fifty percent (50%) borne by Tenant. Tenant, at its own Tenant’s sole cost and expense, shall replace all sprinkler heads due to repairs, installations, alterations, or improvements made by or for Tenant or anyone claiming under Tenant, the fault or misuse of Tenant or anyone claiming under Tenant, painting or environmental exposure from Tenant’s operations. All other costs of maintaining the sprinkler system in the Premises shall be paid by Tenant.
(c) If Landlord deems any repair which Tenant is required to make hereunder to be necessary, Landlord may demand that Tenant make such repair immediately. If Tenant refuses or neglects to make such repair and to complete the same with reasonable dispatch, Landlord may make such repair and Tenant shall, except on demand, immediately pay to Landlord the cost of said repair, together with annual interest at the Interest Rate. Landlord shall not be liable to Tenant for those structural items specifically required any loss or damage that may accrue to be maintained Tenant’s stock or business by Landlord under Paragraph 4A hereof reason of such work or its results.
(subject d) Neither Tenant nor any of its contractors are permitted access to or permitted to perform alterations of any kind to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts roof of the Premises and keep them Premises.
(e) Tenant shall pay promptly when due the entire cost of work in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, undertaken by Tenant under this Lease (including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep Tenant’s Work and/or alterations permitted under Section 7 of this Lease) so that the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite Center shall at all times be free of liens for labor and pest extermination as needed materials arising from such work; to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal procure all necessary permits before undertaking any such work; to do all of Tenant's trash and debris, and proper disposal thereof such work in a licensed waste facilitygood and workmanlike manner, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other employing materials of Tenantgood quality; to perform such work only with contractors previously reasonably approved of in writing by Landlord; to comply with all governmental requirements; and save Landlord and its agents, its officers, employees, agentscontractors and invitees harmless and indemnified from all liability, contractorsinjury, invitees loss, cost, damage and/or expense (including reasonable attorneys’ fees and licensees, and (viexpenses) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance in respect of any spur track servicing the Premises (providedinjury to, howeveror death of, that no rail spur service will be connected to the Premises except with Landlord’s prior written approvalany person, which shall not be unreasonably withheldand/or damage to, subject to or loss or destruction of, any property occasioned by or growing out of any such terms, conditions and requirements as Landlord may specify)work.
Appears in 1 contract
Samples: Lease (DSW Inc.)
Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, equipment, window coverings, and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. Tenant’s maintenance, repair and replacement responsibilities herein referred to include, but are not limited to, the heating, ventilation, and air conditioning (“HVAC”) equipment and systems (including compressors, fans, air handlers, VAV boxes, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), janitorial service, plumbing and sewage lines and systems (such as water and drain lines, sinks), electrical systems (such as outlets, lighting fixtures, lamps, bulbs, tubes, ballasts, fans, vents, exhaust equipment), ducts, and all interior improvements within the Premises including but not limited to walls and wall coverings, window coverings, ceilings, tile, carpeting, flooring, draperies, shades, window coverings, partitioning, doors (both interior and exterior, including closing mechanisms, latches and locks), entrances, plate glass, glazing and window hardware, skylights (if any), fire detection, extinguisher equipment, fire sprinkler and fire alarm systems in the Premises, and all other interior improvements of any nature whatsoever. Tenant shall keep the sidewalk areas in front of its Premises swept and clean at all times. Tenant also shall maintain and repair any equipment and systems relating to the distribution of HVAC to or within the Premises. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, plus an administrative fee equal to fifteen percent (15%) of such costs to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Tenant will at all times maintain the plumbing, gas, steam, sewer, water pipes up to the point at which such pipes and utility systems connect to or within the Premises. Areas of excessive wear caused by Tenant or its employees, contractors or invitees shall be replaced at Tenant’s sole expense upon Lease termination. Landlord shall have the right to review and reasonably approve each contractor or vendor retained by Tenant to perform scheduled maintenance and repairs and, if Landlord in good faith determines that such contractor or vendor is not performing adequate maintenance or repair, Landlord may require that Tenant replace such contractor or vendor with a contractor or vendor reasonably approved by Landlord. Tenant shall regularly, in accordance with commercially reasonable standards, generate and maintain preventive maintenance records relating to the Building Systems and Equipment (“Books and Records”). In addition, within thirty (30) days following Landlord’s written request, Tenant shall make available for Landlord’s review (or at Tenant’s option, deliver to Landlord copies of) all such Books and Records. Within thirty (30) days following Tenant’s receipt of written request from Landlord, Tenant shall make available for Landlord’s review (or at Tenant’s option, deliver to Landlord copies of) any maintenance and repair reports, documents and back-up materials related to the maintenance, repair and other work required to be performed by Tenant, to the extent the same are regularly and customarily generated and maintained by, and in the possession of, Tenant or its management team (collectively, the “M&R Reports”). Tenant’s obligation to deliver Books and Records and M&R Reports shall survive the Expiration Date and the prior termination of this Lease. Without limiting the foregoing, at its own sole cost and expense, shall, except for those structural items specifically required to be maintained expense Tenant shall enter into a contract or contracts (each a “Service Contract”) in form and substance reasonably approved by Landlord under Paragraph 4A hereof with qualified, experienced professional third party service companies reasonably approved by Landlord to perform its maintenance and repair of these portions of the Systems and Equipment which require regularly scheduled periodic maintenance, including the HVAC systems (subject which shall provide for and include, without limitation, replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recalking of jacks and vents on an annual basis), the building fire/life-safety systems, and the electrical and plumbing systems. On an annual basis, Landlord shall have the right to the requirements therein for review and approve each contractor or vendor retained by Tenant to repair perform scheduled maintenance and repairs and, if Landlord reasonably determines that such contractor or vendor is not performing adequate maintenance or repair, Landlord may require that Tenant replace such contractor or vendor with a contractor or vendor reasonably approved by Landlord. The HVAC Service Contract shall provide for the same if the damage is caused by Tenant’s fault) (i) HVAC service provider to maintain and repair when necessary all parts of HVAC equipment which serves the Premises and to keep them the same in goodgood condition through regular inspection and servicing at least once every ninety (90) days. Tenant also shall maintain continuously throughout the Term a Service Contract for the washing of all windows in the Premises (both interior and exterior surfaces) with a contractor approved by Landlord, safewhich provides for the periodic washing of all such windows at least once every ninety (90) days and Service Contracts for the inspection, operating condition ortesting and servicing of the life-safety and elevator systems in the Premises, if betterwith a contractor reasonably approved by Landlord. Upon Tenant’s request, Tenant shall furnish Landlord with copies of all such Service Contracts. Notwithstanding anything contained herein to the condition that exists on the Effective Date hereofcontrary, (ii) promptly because this is a short term lease, Tenant shall have no obligation to make all necessary any capital repairs and or replacements to the Premises and the systems serving the Premises, (including, but not limited to, windows, glass and plate glass doorswithout limitation, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding replacements or adjacent capital repairs to the Premises in a clean, safe HVAC or any other Systems and sanitary condition free of all refuse, debris, equipment Equipment) and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and any such capital repairs or replacements necessary during the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service Term will be connected made by Landlord and amortized as a capital improvement pursuant to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specifySection 4.2.1(xii).
Appears in 1 contract
Samples: Lease (Atlas Crest Investment Corp.)
Tenant’s Repairs. Tenant(a) Tenant shall keep and maintain, at its own cost and Tenant's expense, shallall and every other part of the demised premises in good order, except for those structural items specifically required to be maintained condition and repair, including, by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) way of example but not limitation: (i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, leasehold improvements; (ii) promptly all HVAC unit(s), equipment and systems
(b) Sprinkler systems, if any, located in Tenant's area shall be maintained in accordance with National Fire Protection Association standards to ensure proper operation. Sprinkler control valves (interior and exterior) located in Tenant's area shall be monitored by supervisory alarm service. In the event local or state codes do not require alarm systems, Tenant shall provide alarm service on all sprinkler systems to detect water flow and tampering with exterior and interior main control valves of the sprinkler system servicing Tenant's premises. Moreover, it shall be Tenant's responsibility to contact the Commercial Property Manager at 1798 Frebis Avenue, Columbus, Ohio 43206-0410, (614) 445-8461, in xxx xxxxx xxx xxxxxxxxx xxxxxx xx xxx xxxxxxx pxxxxxxx xx xxxr shut off for any reason, and advise same of any damage occasioned or caused by the actions of Tenant, its agents, invitees, or employees, and/or as a result of Tenant's repair obligations hereunder. In the event fifty percent (50%) or more of the total number of sprinkler heads require replacement at any one time as part of ordinary maintenance, such cost shall be fifty percent (50%) borne by Landlord and fifty percent (50%) borne by Tenant. Tenant shall replace all sprinkler heads due to painting or environmental exposure from Tenant's operations. All other cost of maintaining the sprinkler system in Tenant's area shall be paid by Tenant.
(c) If Landlord deems any repair which Tenant is required to make all necessary repairs hereunder to be necessary, Landlord may demand that Tenant make such repair immediately. If Tenant refuses or neglects to make such repair and replacements to complete the same with reasonable dispatch, Landlord may make such repair and Tenant shall, on demand, immediately pay to Landlord the cost of said repair, together with annual interest at the Interest Rate. Landlord shall not be liable to Tenant for any loss or damage that may accrue to Tenant's stock or business by reason of such work or its results.
(d) Neither Tenant nor any of its contractors are permitted access to or permitted to perform alterations of any kind to the Premises and roof of the systems serving building.
(e) Tenant shall pay promptly when due the Premises, entire cost of work in the demised premises undertaken by Tenant under this Lease (including, but not limited to, windowsTenant's Work and/or alterations permitted under Section 8 of this Lease) so that the demised premises and the Shopping Center shall at all times be free of liens for labor and materials arising from such work; to procure all necessary permits before undertaking any such work; to do all of such work in a good and workmanlike manner, glass employing materials of good quality; to perform such work only with contractors previously reasonably approved of in writing by Landlord; to comply with all governmental requirements; and plate glass doorssave Landlord and its agents, officers, employees, contractors and invitees harmless and indemnified from all liability, injury, loss, cost, damage and/or expense (including reasonable attorneys' fees and expenses) in respect of any injury to, or death of, any special office entryperson, interior walls and finish workand/or damage to, doors and floor coveringor loss or destruction of, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding any property occasioned by or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance growing out of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)work.
Appears in 1 contract
Samples: Lease (Retail Ventures Inc)
Tenant’s Repairs. TenantDuring the Term and any Term Extension, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair shall keep all parts components of the Premises and keep them the Project in goodgood order, safecondition, operating condition or, if better, the condition that exists on the Effective Date hereof, and repair (ii) promptly make all necessary repairs and replacements to the extent the need for such repairs occurs as a result of Tenant's use of the portion of the Premises or Project requiring repairs), reasonable wear and the systems serving the Premisestear and Construction Defects excluded, including, but not limited to, all equipment or facilities, such as plumbing, heating, ventilation, and air-conditioning ("HVAC"), electrical and lighting facilities, boilers, pressure vessels, fire protection systems, fixtures, exterior and interior walls, foundations, ceilings, roofs, floors, windows, glass and plate glass doors, any special office entryplate glass, interior walls landscaping and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning irrigation systems, mechanical systemsdriveways and parking areas, electrical systemsfences, crane systemsretaining walls, rail spurssigns, dock boardsand sidewalks ("BUILDING SYSTEMS"). Tenant's obligations shall include restorations, truck doorsreplacements, dock bumpersor renewals when necessary. During the Term and any Term Extension, pavingTenant also shall keep the exterior appearance of the Greenhouse in a condition consistent with the exterior appearance of other substantially similar facilities of comparable age and size ("SIMILAR FACILITIES") located within the area commonly known as the "I-40/RTP sub-market' (the "SUB-MARKET"), plumbing work and fixturesincluding, sewer lineswhen necessary, as necessary to keep the exterior sealing, resealing, or repainting of the Greenhouse. Tenant, in keeping the Premises and facilities the Project in goodgood order, safecondition, operating condition orand repair, if bettershall exercise and perform good maintenance practices, specifically including the procurement and maintenance of service contracts, with copies to Landlord, in customary form and substance for, and with contractors specializing and experienced in the maintenance of, the condition that exists on following Building Systems (the Effective Date hereof"SERVICE CONTRACTS"): (i) HVAC, (ii) boilers and pressure vessels, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestationsfire protection systems, (iv) provide for regular removal of Tenant's trash landscaping and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary conditionirrigation systems, (v) keep the roof covering and drains, (vi) driveways and parking areas, driveways and alleys surrounding or adjacent (vii) basic Utilities feeds to the Premises in a clean, safe and sanitary condition free perimeter of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesthe Greenhouse, and (viviii) if any other Building Systems reasonably required by Landlord. Tenant's obligations under this Section shall be at Tenant's sole cost and expense. If Tenant desires railroad spur track service fails to repair or maintain any portion of the Premises or the Project as required under this Section within 15 days after Landlord gives Tenant written demand to so repair or maintain, Landlord may perform such work and the same is available at the Premises, pay the entirety of the reasonable and necessary cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will thereof shall be connected payable to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements Landlord on demand as Additional Rent or includable by Landlord may specify)as an Operating Expense.
Appears in 1 contract
Tenant’s Repairs. TenantDuring the Term and any Term Extension, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair shall keep all parts components of the Premises and keep them the Project in goodgood order, safecondition, operating condition or, if better, the condition that exists on the Effective Date hereof, and repair (ii) promptly make all necessary repairs and replacements to the extent the need for such repairs occurs as a result of Tenants use of the portion of the Premises or Project requiring repairs), reasonable wear and the systems serving the Premisestear and Construction Defects excluded, including, but not limited to, all equipment or facilities, such as plumbing, heating, ventilation, and air-conditioning (“HVAC”), electrical and lighting facilities, boilers, pressure vessels, fire protection systems, fixtures, exterior and interior walls, foundations, ceilings, roofs, floors, windows, glass and plate glass doors, any special office entryplate glass, interior walls landscaping and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning irrigation systems, mechanical systemsdriveways and parking areas, electrical systemsfences, crane systemsretaining walls, rail spurssigns, dock boardsand sidewalks (“Building Systems”). Tenant’s obligations shall include restorations, truck doorsreplacements, dock bumpersor renewals when necessary. During the Term and any Term Extension, pavingTenant also shall keep the exterior appearance of the Greenhouse in a condition consistent with the exterior appearance of other substantially similar facilities of comparable age and size (“Similar Facilities”) located within the area commonly known as the “1-40/RTP sub-market’ (the “Sub-Market”), plumbing work and fixturesincluding, sewer lineswhen necessary, as necessary to keep the exterior sealing, resealing, or repainting of the Greenhouse. Tenant, in keeping the Premises and facilities the Project in goodgood order, safecondition, operating condition orand repair, if bettershall exercise and perform good maintenance practices, specifically including the procurement and maintenance of service contracts, with copies to Landlord, in customary form and substance for, and with contractors specializing and experienced in the maintenance of, the condition that exists on following Building Systems (the Effective Date hereof“Service Contracts”): (i) HVAC, (ii) boilers and pressure vessels, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestationsfire protection systems, (iv) provide for regular removal of Tenant's trash landscaping and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary conditionirrigation systems, (v) keep the roof covering and drains, (vi) driveways and parking areas, driveways and alleys surrounding or adjacent (vii) basic Utilities feeds to the Premises in a clean, safe and sanitary condition free perimeter of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesthe Greenhouse, and (viviii) if any other Building Systems reasonably required by Landlord. Tenant’s obligations under this Section shall be at Tenant’s sole cost and expense. If Tenant desires railroad spur track service fails to repair or maintain any portion of the Premises or the Project as required under this Section within 15 days after Landlord gives Tenant written demand to so repair or maintain, Landlord may perform such work and the same is available at the Premises, pay the entirety of the reasonable and necessary cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will thereof shall be connected payable to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements Landlord on demand as Additional Rent or includable by Landlord may specify)as an Operating Expense.
Appears in 1 contract
Tenant’s Repairs. (a) Tenant shall keep and maintain, at Tenant’s expense, all and every other part of the Premises in good order, condition and repair, including, by way of example but not limitation: (i) all leasehold improvements; (ii) all HVAC unit(s), equipment and systems (including all components thereof) serving the Premises; (iii) interior plumbing and sewage facilities; (iv) all interior lighting; (v) electric signs; (vi) all interior walls; (vii) floor coverings; (viii) ceilings; (ix) appliances and equipment; (x) all doors, exterior entrances, windows and window moldings; (xi) plate glass; (xii) signs and showcases surrounding and within the Premises; (xiii) the store front; (xiv) sprinkler systems including supervisory alarm service in accordance with National Fire Protection Association standards and current local and state fire protection standards to ensure property operation.
(b) Sprinkler systems, if any, located in Tenant’s area shall be maintained in accordance with National Fire Protection Association standards to ensure proper operation. Sprinkler control valves (interior and exterior) located in Tenant’s area shall be monitored by supervisory alarm service. In the event local or state codes do not require alarm systems, Tenant shall provide alarm service on all sprinkler systems to detect water flow and tampering with exterior and interior main control valves of the sprinkler system servicing Tenant’s premises. Moreover, it shall be Tenant’s responsibility to contact Cxxxx Xxxxx, Commercial Property Manager at 1000 Xxxxxx Xxxxxx, Xxxxxxxx, Xxxx 00000-0000 at (000) 000-0000, in the event the sprinkler system in the Premises is ever shut off for any reason, and advise same of any damage occasioned or caused by the actions of Tenant, its agents, invitees, or employees, and/or as a result of Tenant’s repair obligations hereunder. In the event fifty percent (50%) or more of the total number of sprinkler heads require replacement at any one time as part of ordinary maintenance, but excluding repairs or replacements that arise from (x) repairs, installations alterations, or improvements made by or for Tenant or anyone claiming under Tenant, or (y) the fault or misuse of Tenant or anyone claiming under Tenant, such cost shall be fifty percent (50%) borne by Landlord and fifty percent (50%) borne by Tenant. Tenant, at its own Tenant’s sole cost and expense, shall replace all sprinkler heads due to repairs, installations, alterations, or improvements made by or for Tenant or anyone claiming under Tenant, the fault or misuse of Tenant or anyone claiming under Tenant, painting or environmental exposure from Tenant’s operations. All other costs of maintaining the sprinkler system in the Premises shall be paid by Tenant.
(c) If Landlord deems any repair which Tenant is required to make hereunder to be necessary, Landlord may demand that Tenant make such repair immediately. If Tenant refuses or neglects to make such repair and to complete the same with reasonable dispatch, Landlord may make such repair and Tenant shall, except on demand, immediately pay to Landlord the cost of said repair, together with annual interest at the Interest Rate. Landlord shall not be liable to Tenant for those structural items specifically required any loss or damage that may accrue to be maintained Tenant’s stock or business by Landlord under Paragraph 4A hereof reason of such work or its results.
(subject d) Neither Tenant nor any of its contractors are permitted access to or permitted to perform alterations of any kind to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts roof of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, except in the event of an emergency.
(e) Tenant shall pay promptly when due the entire cost of work in the Premises undertaken by Tenant under this Lease (including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep Tenant’s Work and/or alterations permitted under Section 7 of this Lease) so that the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite Center shall at all times be free of liens for labor and pest extermination as needed materials arising from such work; to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal procure all necessary permits before undertaking any such work; to do all of Tenant's trash and debris, and proper disposal thereof such work in a licensed waste facilitygood and workmanlike manner, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other employing materials of Tenantgood quality; to perform such work only with contractors previously reasonably approved of in writing by Landlord; to comply with all governmental requirements; and save Landlord and its agents, its officers, employees, agentscontractors and invitees harmless and indemnified from all liability, contractorsinjury, invitees loss, cost, damage and/or expense (including reasonable attorneys’ fees and licensees, and (viexpenses) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance in respect of any spur track servicing the Premises (providedinjury to, howeveror death of, that no rail spur service will be connected to the Premises except with Landlord’s prior written approvalany person, which shall not be unreasonably withheldand/or damage to, subject to or loss or destruction of, any property occasioned by or growing out of any such terms, conditions and requirements as Landlord may specify)work.
Appears in 1 contract
Samples: Lease (Retail Ventures Inc)
Tenant’s Repairs. Tenant(a) Tenant shall keep and maintain, at its own cost and Tenant's expense, shallall and every other part of the premises in good order, except for those structural items specifically required to be maintained condition and repair, including, by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) way of example but not limitation:
(i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, leasehold improvements; (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premisesheating, includingventilating, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, conditioning; (iii) provide termite interior plumbing and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, sewage facilities; (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, all interior lighting; (v) keep electric signs; (vi) all interior walls; (vii) floor coverings; (viii) ceilings; (ix) appliances and equipment; (x) all doors, exterior entrances, windows and window mouldings; (xi) plate glass; (xii) signs and showcases surrounding and within the parking areaspremises; (xiii) the store front; (xiv) sprinkler systems including supervisory alarm service in accordance with current local and state fire protection standards. Moreover, driveways it shall be Tenant's responsibility to contact the Commercial Property Manager at 0000 Xxxxxx Xxxxxx, Xxxxxxxx, Xxxx 00000-0000, (000) 000-0000, in the event the sprinkler system in the demised premises is ever shut off for any reason; and alleys surrounding (xv) any damages occasioned or adjacent to caused by the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials actions of Tenant, its employees, agents, contractorsinvitees, invitees or employees as a result of Tenant's repair obligation hereunder.
(b) If Landlord deems any repair which Tenant is required to make hereunder to be necessary, Landlord may demand that Tenant make such repair immediately. If Tenant refuses or neglects to make such repair and licensees, and (vi) if Tenant desires railroad spur track service and to complete the same is available at the Premiseswith reasonable dispatch, Landlord may make such repair and Tenant shall, on demand, immediately pay the entirety of to Landlord the cost of the obtaining and maintenance of any spur track servicing the Premises said repair, together with interest at ten percent (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which 10%) per annum. Landlord shall not be unreasonably withheld, subject liable to Tenant for any loss or damage that may accrue to Tenant's stock or business by reason of such terms, conditions and requirements as Landlord may specify)work or its results.
(c) Landlord's roofer is the only contractor permitted access to or to perform alterations of any kind to to the roof of the building.
Appears in 1 contract
Tenant’s Repairs. TenantDuring the Term and any Term Extension, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair shall keep all parts components of the Premises and keep them the Project in goodgood order, safecondition, operating condition or, if better, the condition that exists on the Effective Date hereof, and repair (ii) promptly make all necessary repairs and replacements to the extent the need for such repairs occurs as a result of Tenant's use of the portion of the Premises or Project requiring repairs), reasonable wear and the systems serving the Premisestear and Construction Defects excluded, including, but not limited to, all equipment or facilities, such as plumbing, heating, ventilation, and air-conditioning ("HVAC"), electrical and lighting facilities, boilers, pressure vessels, fire protection systems, fixtures, exterior and interior walls, foundations, ceilings, roofs, floors, windows, glass and plate glass doors, any special office entryplate glass, interior walls landscaping and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning irrigation systems, mechanical systemsdriveways and parking areas, electrical systemsfences, crane systemsretaining walls, rail spurssigns, dock boardsand sidewalks ("BUILDING SYSTEMS"). Tenant's obligations shall include restorations, truck doorsreplacements, dock bumpersor renewals when necessary. During the Term and any Term Extension, pavingTenant also shall keep the exterior appearance of the Building in a condition consistent with the exterior appearance of other substantially similar facilities of comparable age and size ("SIMILAR FACILITIES") located within the area commonly known as the "I-40/RTP sub-market' (the "SUB-MARKET"), plumbing work and fixturesincluding, sewer lineswhen necessary, as necessary to keep the exterior sealing, resealing, or repainting of the Building. Tenant, in keeping the Premises and facilities the Project in goodgood order, safecondition, operating condition orand repair, if bettershall exercise and perform good maintenance practices, specifically including the procurement and maintenance of service contracts, with copies to Landlord, in customary form and substance for, and with contractors specializing and experienced in the maintenance of, the condition that exists on following Building Systems (the Effective Date hereof"SERVICE CONTRACTS"): (i) HVAC, (ii) boilers and pressure vessels, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestationsfire protection systems, (iv) provide for regular removal of Tenant's trash landscaping and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary conditionirrigation systems, (v) keep the roof covering and drains, (vi) driveways and parking areas, driveways and alleys surrounding or adjacent (vii) basic Utilities feeds to the Premises in a clean, safe and sanitary condition free perimeter of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesthe Building, and (viviii) if any other Building Systems reasonably required by Landlord. Tenant's obligations under this Section shall be at Tenant's sole cost and expense. If Tenant desires railroad spur track service fails to repair or maintain any portion of the Premises or the Project as required under this Section within 15 days after Landlord gives Tenant written demand to so repair or maintain, Landlord may perform such work and the same is available at the Premises, pay the entirety of the reasonable and necessary cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will thereof shall be connected payable to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements Landlord on demand as Additional Rent or includable by Landlord may specify)as an Operating Expense.
Appears in 1 contract
Tenant’s Repairs. Tenant(a) Tenant shall keep and maintain, at its own cost and Tenant's expense, shallall and every other part of the demised premises in good order, except for those structural items specifically required to be maintained condition and repair, including, by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) way of example but not limitation:
(i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, leasehold improvements; (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premisesheating, includingventilating, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, conditioning; (iii) provide termite interior plumbing and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, sewage facilities; (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, all interior lighting; (v) keep electric signs; (vi) all interior walls; (vii) floor coverings; (viii) ceilings; (ix) appliances and equipment; (x) all doors, exterior entrances, windows and window moldings; (xi) plate glass; (xii) signs and showcases surrounding and within the parking areasdemised premises; (xiii) the store front; (xiv) sprinkler systems including supervisory alarm service in accordance with current local and state fire protection standards. In the event local or state codes do not require alarm systems, driveways Tenant shall provide alarm service on all sprinkler systems to detect water flow and alleys surrounding tampering with exterior and interior main control valves of the sprinkler system servicing Tenant's premises. Moreover, it shall be Tenant's responsibility to contact the Commercial Property Manager at 0000 Xxxxxx Xxxxxx, Xxxxxxxx, Xxxx 00000-0000, (000) 000-0000, in the event the sprinkler system in the demised premises is ever shut off for any reason, and advise same of any damage occasioned or adjacent to caused by the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials actions of Tenant, its agents, invitees, or employees, agentsand/or as a result of Tenant's repair obligations hereunder.
(b) If Landlord deems any repair which Tenant is required to make hereunder to be necessary, contractors, invitees Landlord may demand that Tenant make such repair immediately. If Tenant refuses or neglects to make such repair and licensees, and (vi) if Tenant desires railroad spur track service and to complete the same is available at the Premiseswith reasonable dispatch, Landlord may make such repair and Tenant shall, on demand, immediately pay the entirety of to Landlord the cost of the obtaining and maintenance of any spur track servicing the Premises said repair, together with interest at ten percent (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which 10%) per annum. Landlord shall not be unreasonably withheldliable to Tenant for any loss or damage that may accrue to Tenant's stock or business by reason of such work or its results.
(c) Neither Tenant nor any of its contractors are permitted access to or permitted to perform alterations of any kind to the roof of the building.
(d) Tenant shall pay promptly when due the entire cost of work in the demised premises undertaken by Tenant so that the demised premises and the Shopping Center shall at all times be free of liens for labor and materials arising from such work; to procure all necessary permits before undertaking such work; to do all of such work in a good and workmanlike manner, subject employing materials of good quality; to perform such termswork only with contractors previously reasonably approved of in writing by Landlord; to comply with all governmental requirements; and to save the Landlord and its agents, conditions officers, employees, contractors and requirements as Landlord may specify)invitees harmless and indemnified from all liability, injury, loss, cost, damage and/or expense (including reasonable attorneys' fees and expenses) in respect of any injury to, or death of, any person, and/or damage to, or loss or destruction of, any property occasioned by or growing out of such work.
Appears in 1 contract
Tenant’s Repairs. (a) Tenant shall keep and maintain, at Tenant’s expense, all and every other part of the demised premises in good order, condition and repair, including, by way of example but not limitation: (i) all leasehold improvements; (ii) all HVAC unit(s), equipment and systems (including all components thereof) serving the demised premises; (iii) interior utility systems exclusively serving the demised premises; (iv) plumbing and sewage facilities; (v) all interior lighting; (vi) electric signs; (vii) all interior walls; (viii) floor coverings; (ix) ceilings; (x) appliances and equipment; (xi) all doors, exterior entrances, windows and window moldings; (xii) plate glass; (xiii) signs and showcases surrounding and within the demised premises; (xiv) the store front; (xv) sprinkler systems including supervisory alarm service in accordance with National Fire Protection Association standards and current local and state fire protection standards to ensure property operation, and as required by Section 27(b) below.
(b) Sprinkler systems, if any, located in Tenant’s area shall be maintained in accordance with National Fire Protection Association standards to ensure proper operation. Sprinkler control valves (interior and exterior) located in Tenant’s area shall be monitored by supervisory alarm service. In the event local or state codes do not require alarm systems, Tenant shall provide alarm service on all sprinkler systems to detect water flow and tampering with exterior and interior main control valves of the sprinkler system servicing Tenant’s premises. Moreover, it shall be Tenant’s responsibility to contact the Landlord’s property manager in the event the sprinkler system in the demised premises is ever shut off for any reason, and advise same of any damage occasioned or caused by the actions of Tenant, its agents, invitees, or employees, and/or as a result of Tenant’s repair obligations hereunder. In the event fifty percent (50%) or more of the total number of sprinkler heads require replacement at any one time as part of ordinary maintenance, but excluding repairs or replacements that arise from (x) repairs, installations alterations, or improvements made by or for Tenant or anyone claiming under Tenant, or (y) the fault or misuse of Tenant or anyone claiming under Tenant, such cost shall be fifty percent (50%) borne by Landlord and fifty percent (50%) borne by Tenant. Tenant, at its own Tenant’s sole cost and expense, shall replace all sprinkler heads due to repairs, installations, alterations, or improvements made by or for Tenant or anyone claiming under Tenant, the fault or misuse of Tenant or anyone claiming under Tenant, painting or environmental exposure from Tenant’s operations. All other costs of maintaining the sprinkler system in the demised premises shall be paid by Tenant.
(c) If Landlord deems any repair which Tenant is required to make hereunder to be necessary, Landlord may demand that Tenant make such repair immediately. If Tenant refuses or neglects to make such repair and to complete the same with reasonable dispatch, Landlord may make such repair and Tenant shall, except on demand, immediately pay to Landlord the cost of said repair, together with annual interest at the Interest Rate. Landlord shall not be liable to Tenant for those structural items specifically required any loss or damage that may accrue to be maintained Tenant’s stock or business by Landlord under Paragraph 4A hereof reason of such work or its results.
(subject d) Neither Tenant nor any of its contractors are permitted access to or permitted to perform alterations of any kind to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts roof of the Premises and keep them building.
(e) Tenant shall pay promptly when due the entire cost of work in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, demised premises undertaken by Tenant under this Lease (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windowsTenant’s Work and/or alterations permitted under Section 8 of this Lease) so that the demised premises and the Shopping Center shall at all times be free of liens for labor and materials arising from such work; to procure all necessary permits before undertaking any such work; to do all of such work in a good and workmanlike manner, glass employing materials of good quality; to perform such work only with contractors previously reasonably approved of in writing by Landlord; to comply with all governmental requirements; and plate glass doorssave Landlord and its agents, officers, employees, contractors and invitees harmless and indemnified from all liability, injury, loss, cost, damage and/or expense (including reasonable attorneys’ fees and expenses) in respect of any injury to, or death of, any special office entryperson, interior walls and finish workand/or damage to, doors and floor coveringor loss or destruction of, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding any property occasioned by or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance growing out of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)work.
Appears in 1 contract
Tenant’s Repairs. (a) Tenant shall keep and maintain, at Tenant’s expense, all and every other part of the Premises in good order, condition and repair, including, by way of example but not limitation: (i) all leasehold improvements; (ii) all HVAC unit(s), equipment and systems (including all components thereof) serving the Premises; (iii) interior plumbing and sewage facilities; (iv) all interior lighting; (v) electric signs; (vi) all interior walls; (vii) floor coverings; (viii) ceilings; (ix) appliances and equipment; (x) all doors, exterior entrances, windows and window moldings; (xi) plate glass; (xii) signs and showcases surrounding and within the Premises; (xiii) the store front; (xiv) sprinkler systems including supervisory alarm service in accordance with National Fire Protection Association standards and current local and state fire protection standards to ensure property operation.
(b) Sprinkler systems, if any, located in Tenant’s area shall be maintained in accordance with National Fire Protection Association standards to ensure proper operation. Sprinkler control valves (interior and exterior) located in Tenant’s area shall be monitored by supervisory alarm service. In the event local or state codes do not require alarm systems, Tenant shall provide alarm service on all sprinkler systems to detect water flow and tampering with exterior and interior main control valves of the sprinkler system servicing Tenant’s premises. Moreover, it shall be Tenant’s responsibility to contact Cxxxx Xxxxx, Commercial Property Manager at 1000 Xxxxxx Xxxxxx, Xxxxxxxx, Xxxx 00000-0000 at (000) 000-0000, in the event the sprinkler system in the Premises is ever shut off for any reason, and advise same of any damage occasioned or caused by the actions of Tenant, its agents, invitees, or employees, and/or as a result of Tenant’s repair obligations hereunder. In the event fifty percent (50%) or more of the total number of sprinkler heads require replacement at any one time as part of ordinary maintenance, but excluding repairs or replacements that arise from (x) repairs, installations alterations, or improvements made by or for Tenant or anyone claiming under Tenant, or (y) the fault or misuse of Tenant or anyone claiming under Tenant, such cost shall be fifty percent (50%) borne by Landlord and fifty percent (50%) borne by Tenant. Tenant, at its own Tenant’s sole cost and expense, shall replace all sprinkler heads due to repairs, installations, alterations, or improvements made by or for Tenant or anyone claiming under Tenant, the fault or misuse of Tenant or anyone claiming under Tenant, painting or environmental exposure from Tenant’s operations. All other costs of maintaining the sprinkler system in the Premises shall be paid by Tenant.
(c) If Landlord deems any repair which Tenant is required to make hereunder to be necessary, Landlord may demand that Tenant make such repair immediately. If Tenant refuses or neglects to make such repair and to complete the same with reasonable dispatch, Landlord may make such repair and Tenant shall, except on demand, immediately pay to Landlord the cost of said repair, together with annual interest at the Interest Rate. Landlord shall not be liable to Tenant for those structural items specifically required any loss or damage that may accrue to be maintained Tenant’s stock or business by Landlord under Paragraph 4A hereof reason of such work or its results.
(subject d) Neither Tenant nor any of its contractors are permitted access to or permitted to perform alterations of any kind to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts roof of the Premises and keep them Premises.
(e) Tenant shall pay promptly when due the entire cost of work in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, undertaken by Tenant under this Lease (including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep Tenant’s Work and/or alterations permitted under Section 7 of this Lease) so that the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite Center shall at all times be free of liens for labor and pest extermination as needed materials arising from such work; to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal procure all necessary permits before undertaking any such work; to do all of Tenant's trash and debris, and proper disposal thereof such work in a licensed waste facilitygood and workmanlike manner, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other employing materials of Tenantgood quality; to perform such work only with contractors previously reasonably approved of in writing by Landlord; to comply with all governmental requirements; and save Landlord and its agents, its officers, employees, agentscontractors and invitees harmless and indemnified from all liability, contractorsinjury, invitees loss, cost, damage and/or expense (including reasonable attorneys’ fees and licensees, and (viexpenses) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance in respect of any spur track servicing the Premises (providedinjury to, howeveror death of, that no rail spur service will be connected to the Premises except with Landlord’s prior written approvalany person, which shall not be unreasonably withheldand/or damage to, subject to or loss or destruction of, any property occasioned by or growing out of any such terms, conditions and requirements as Landlord may specify)work.
Appears in 1 contract
Samples: Lease (Retail Ventures Inc)
Tenant’s Repairs. (a) Subject to Paragraphs 15 and 16 of this Lease, Landlord's obligations expressly set forth in Paragraph 10 and Landlord's Construction Warranty (as defined in Exhibit B attached hereto), Tenant, at its own sole expense, shall repair, replace and maintain in good order, condition and repair (reasonable wear and tear, damage caused by Landlord or its agents, employees, contractors, subcontractors, representatives, consultants, licensees or invitees [collectively, "Landlord Parties"] excepted) and in compliance with all Legal Requirements and Private Restrictions all portions of the Premises, and all other areas, improvements and systems exclusively serving the Premises including, without limitation, docks, dock equipment and loading areas, truck doors, plumbing, water, sewer lines, from the points of connection with the Building, fire sprinklers and fire protection systems within the Premises from points of connection with the Building, entries, doors, door frames, ceilings, windows, window frames, interior walls, and the interior side of demising walls (if any), and heating, ventilation and air conditioning ("HVAC") systems, and other building and mechanical systems serving the Premises. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Lease Term. If, during the last two (2) years of the Lease Term, a capital replacement of an HVAC unit is required (each of the foregoing, an "Capital HVAC Item" and collectively "Capital HVAC Items"), then, (A) provided no Event of Default exists under this Lease, (B) Tenant has maintained the maintenance service contract(s) for the HVAC systems pursuant to (i) below, and (C) provided further that such Capital HVAC Items: (I) will have a useful life in excess of the remaining portion of the then applicable Lease Term, and/or (II) were not necessitated by Tenant's failure to properly maintain such systems in accordance with the manufacturer's recommendations, or Tenant's breach of this Lease or the negligent act or omission of Tenant or any of the Tenant Parties (in which case Tenant shall be responsible therefor at Tenant's sole cost and expense), shallthen Landlord shall purchase and perform such Capital HVAC Item(s) and the cost thereof shall be amortized on a straight line basis (with interest) over the useful life thereof, except for those structural items specifically and Tenant shall pay such amortized payments to Landlord on the first day of each month together with its Base Rent payments (but without regard to any credit or abatement of Base Rent) through and including the expiration of the Lease Term (as the same may be extended). Notwithstanding anything to the contrary contained herein, Landlord may elect not to complete the Capital HVAC Item(s) (unless such Capital HVAC Item(s) are normal and customary HVAC units serving the northern office portion of the Premises, which normal and customary HVAC units Landlord shall not be permitted to object to replacing provided the other terms and conditions contained in this Paragraph 11(a) are satisfied) upon written notice to Tenant (which notice shall be given no later than ten (10) business days after receipt of Tenant's written notice of a Capital HVAC Item) in which case (1) Landlord shall not be obligated to complete the applicable Capital HVAC Item, (2) notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right, but not the obligation, to replace the applicable Capital HVAC Item at its sole cost and expense; and (3) if Tenant does not elect to complete such replacement pursuant to clause (2), above, then, as Landlord's sole and exclusive remedy, Tenant shall be required to be maintained by Landlord under Paragraph 4A hereof remove any such HVAC units on or before the expiration of the Lease Term. Within ten (subject to 10) days of the requirements therein Commencement Date, Tenant, at Tenant's expense, shall enter into maintenance service contracts for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain the maintenance and repair all parts of the Premises heating, ventilation and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs air conditioning systems and replacements to the Premises other mechanical and the building systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iiiii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash collection, sweeping and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (removal; provided, however, in the event that no rail spur Tenant fails to enter into such service will be connected contracts and/or to properly maintain and/or perform the foregoing in accordance with the terms and conditions contained in this Lease, then at Landlord's written election (but at Tenant's expense) after written notice to Tenant and Tenant's failure to cure the same within fifteen (15) days after Tenant's receipt of such written notice, Landlord shall have the right (but not the obligation) to enter into such maintenance service contracts. Landlord may request a list of vendors providing services under the aforementioned maintenance contractors together with the scope of such services and if Landlord provides Tenant with written notice that it reasonably objects to any of the listed vendors, then Tenant shall replace such vendor within a reasonable period of time. Without limiting any of the foregoing, Tenant, at Tenant's sole cost and expense, shall store all trash and other solid waste within the Premises except with Landlord’s prior written approvalor in such areas as may be reasonably designated by Landlord for such storage. Tenant shall not burn any trash or garbage at any time in or about the Premises and/or the Project.
(b) In the event that any repair or maintenance obligation required to be performed by Tenant hereunder is likely to adversely affect the Building Structural Elements, then Tenant shall use contractors that are approved in advance by Landlord for such work (which approval shall not be unreasonably withheld, subject conditioned or delayed).
(c) Within the fifteen (15) day period prior to such termsthe expiration or termination of this Lease, conditions Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that the hot water equipment, dock equipment, and requirements as the HVAC system are then in good repair and working order. If Tenant fails to perform any repair or replacement for which it is responsible (or if Tenant fails to obtain any of the certifications described in the immediately preceding sentence), Landlord may specify)perform such work (and/or obtain such certifications) and be reimbursed by Tenant within ten (10) days after demand for all costs and expenses incurred by Landlord in connection therewith. Subject to Paragraphs 9 and 15, Tenant shall bear the full cost of any repair or replacement to any part of the Building or Project that results from any breach by Tenant of the terms and conditions of this Lease or by any negligent act or omission of Tenant or any Tenant Party.
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Tenant’s Repairs. Tenant(a) Tenant shall keep and maintain, at its own cost and Tenant's expense, shallall and every other part of the premises in good order, except for those structural items specifically required to be maintained condition and repair, including, by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) way of example but not limitation:
(i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, Leasehold improvements; (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premisesheating, includingventilating, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, conditioning; (iii) provide termite interior plumbing and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, sewage facilities; (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, all interior lighting; (v) keep electric signs; (vi) all interior walls; (vii) floor coverings; (viii) ceilings; (ix) appliances and equipment; (x) all doors, exterior entrances, windows and window mouldings; (xi) plate glass; (xii) signs and showcases surrounding and within the parking areaspremises; (xiii) the store front; (xiv) sprinkler systems including supervisory alarm service in accordance with current local and state fire protection standards. Moreover, driveways it shall be Tenant's responsibility to contact the Commercial Property Manager at 0000 Xxxxxx Xxxxxx, Xxxxxxxx, Xxxx 00000-0000, (000) 000-0000, in the event the sprinkler system in the demised premises is ever shut off for any reason; and alleys surrounding (xv) any damages occasioned or adjacent to caused by the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials actions of Tenant, its employees, agents, contractorsinvitees, invitees or employees as a result of Tenant's repair obligation hereunder.
(b) If Landlord deems any repair which Tenant is required to make hereunder to be necessary, Landlord may demand that Tenant make such repair immediately. If Tenant refuses or neglects to make such repair and licensees, and (vi) if Tenant desires railroad spur track service and to complete the same is available at the Premiseswith reasonable dispatch, Landlord may make such repair and Tenant shall, on demand, immediately pay the entirety of to Landlord the cost of the obtaining and maintenance of any spur track servicing the Premises said repair, together with interest at ten percent (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which 10%) per annum. Landlord shall not be unreasonably withheld, subject liable to Tenant for any loss or damage that may accrue to Tenant's stock or business by reason of such terms, conditions and requirements as Landlord may specify)work or its results.
(c) Landlord's roofer is the only contractor permitted access to or to perform alterations of any kind to the roof of the building.
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Tenant’s Repairs. (a) Tenant shall keep and maintain, at Tenant’s expense, all and every other part of the demised premises in good order, condition and repair, including, by way of example but not limitation: (i) all leasehold improvements; (ii) all HVAC unit(s), equipment and systems (including all components thereof) serving the demised premises; (iii) interior plumbing and sewage facilities; (iv) all interior lighting; (v) electric signs; (vi) all interior walls; (vii) floor coverings; (viii) ceilings; (ix) appliances and equipment; (x) all doors, exterior entrances, windows and window moldings; (xi) plate glass; (xii) signs and showcases surrounding and within the demised premises; (xiii) the store front; (xiv) sprinkler systems including supervisory alarm service in accordance with National Fire Protection Association standards and current local and state fire protection standards to ensure property operation, and as required by Section 27(b) below.
(b) Sprinkler systems, if any, located in Tenant’s area shall be maintained in accordance with National Fire Protection Association standards to ensure proper operation. Sprinkler control valves (interior and exterior) located in Tenant’s area shall be monitored by supervisory alarm service. In the event local or state codes do not require alarm systems, Tenant shall provide alarm service on all sprinkler systems to detect water flow and tampering with exterior and interior main control valves of the sprinkler system servicing Tenant’s premises. Moreover, it shall be Tenant’s responsibility to contact the Landlord’s property manager, Cxxxx Xxxx, at (000) 000-0000, in the event the sprinkler system in the demised premises is ever shut off for any reason, and advise same of any damage occasioned or caused by the actions of Tenant, its agents, invitees, or employees, and/or as a result of Tenant’s repair obligations hereunder. In the event fifty percent (50%) or more of the total number of sprinkler heads require replacement at any one time as part of ordinary maintenance, but excluding repairs or replacements that arise from (x) repairs, installations alterations, or improvements made by or for Tenant or anyone claiming under Tenant, or (y) the fault or misuse of Tenant or anyone claiming under Tenant, such cost shall be fifty percent (50%) borne by Landlord and fifty percent (50%) borne by Tenant. Tenant, at its own Tenant’s sole cost and expense, shall replace all sprinkler heads due to repairs, installations, alterations, or improvements made by or for Tenant or anyone claiming under Tenant, the fault or misuse of Tenant or anyone claiming under Tenant, painting or environmental exposure from Tenant’s operations. All other costs of maintaining the sprinkler system in the demised premises shall be paid by Tenant.
(c) If Landlord deems any repair which Tenant is required to make hereunder to be necessary, Landlord may demand that Tenant make such repair immediately. If Tenant refuses or neglects to make such repair and to complete the same with reasonable dispatch, Landlord may make such repair and Tenant shall, except on demand, immediately pay to Landlord the cost of said repair, together with annual interest at the Interest Rate, unless it is thereafter determined that such repair was not necessary. Landlord shall not be liable to Tenant for those structural items specifically required any loss or damage that may accrue to be maintained Tenant’s stock or business by Landlord under Paragraph 4A hereof reason of such work or its results.
(subject d) Neither Tenant nor any of its contractors are permitted access to or permitted to perform alterations of any kind to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts roof of the Premises and keep them building.
(e) Tenant shall pay promptly when due the entire cost of work in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, demised premises undertaken by Tenant under this Lease (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windowsTenant’s Work and/or alterations permitted under Section 8 of this Lease) so that the demised premises and the Shopping Center shall at all times be free of liens for labor and materials arising from such work; to procure all necessary permits before undertaking any such work; to do all of such work in a good and workmanlike manner, glass employing materials of good quality; to perform such work only with contractors previously reasonably approved of in writing by Landlord; to comply with all governmental requirements; and plate glass doorssave Landlord and its agents, officers, employees, contractors and invitees harmless and indemnified from all liability, injury, loss, cost, damage and/or expense (including reasonable attorneys’ fees and expenses) in respect of any injury to, or death of, any special office entryperson, interior walls and finish workand/or damage to, doors and floor coveringor loss or destruction of, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding any property occasioned by or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance growing out of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)work.
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Samples: Lease (DSW Inc.)