Common use of Tenant’s Repairs Clause in Contracts

Tenant’s Repairs. A. Tenant shall, at its own cost and expense, keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this lease) in good condition, reasonable wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, special store fronts or office entries, interior walls and finish work, B. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. C. Tenant and its employees, customers and licensees shall have the right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord reserves the right to perform the paving and landscape maintenance, exterior painting, common sewage line plumbing, and care for the grounds around the Building, and Tenant shall be liable for its proportionate share (as defined in subparagraph 4.B above) of the cost and expense. If Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay, when due, its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. In the event any such amount is not paid within ten (10) days after the date of Landlord's invoice to Tenant, the unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated share of the common area services which are provided by Landlord for the mutual benefit of all tenants, including all expenses incurred by Landlord with respect to the maintenance and operation of the building and/or project of which the Premises are a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic preventive maintenance; parking lot maintenance; pro rata share of the project's common area maintenance and monitoring service; and a management fee equal to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basis.

Appears in 1 contract

Samples: Lease Agreement (United Stationers Supply Co)

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Tenant’s Repairs. A. Tenant shall, shall at its own cost and expense, expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this lease) in good condition, reasonable wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, promptly making all necessary repairs and replacements, including, including but not limited to, windows, glass and plate glass, doors, any special store fronts or office entriesentry, interior walls and finish work,, floors and floor covering, heating and air condition systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, termite and pest extermination, and regular removal of trash and debris. Tenant shall provide Landlord with prior notice of any repair to be undertaken by Tenant costing in excess of $5,000 (in Tenant's reasonable estimation) and such other information as Landlord may reasonably request with respect to such repair, except such notice shall not be required if immediate repair is necessary for security or safety reasons. B. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. C. In the event the Premises constitute a portion of a multiple occupancy building, Tenant and its employees, customers and licensees shall have the exclusive right to use the parking areas, if any, areas located directly in front and to the rear of the Premises (as may be designated by Landlord expanded or contracted in writingthe future), subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Parking in the street, in the drive along the side of the building, or in the flow of traffic to the rear of the building is prohibited. Landlord shall not be responsible for enforcing Tenant's exclusive parking rights against any third parties. Landlord reserves the right to perform the paving and landscape maintenance. D. Tenant shall, exterior painting, common sewage line plumbing, and care for the grounds around the Building, and Tenant shall be liable for at its proportionate share (as defined in subparagraph 4.B above) of the own cost and expense. If Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay, when due, its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. In the event any such amount is not paid within ten (10) days after the date of Landlord's invoice to Tenant, the unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated share of the common area services which are provided by Landlord for the mutual benefit of all tenants, including all expenses incurred by Landlord with respect to the maintenance and operation of the building and/or project of which the Premises are enter into a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic regularly scheduled preventive maintenance; parking lot maintenance; pro rata share of /service contract with a maintenance contractor for serving all hot water, heating and air conditioning systems and equipment within the project's common area Premises. The maintenance contractor and monitoring service; the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a management fee equal copy thereof delivered to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other Landlord) no later than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basisCommencement Date).

Appears in 1 contract

Samples: Lease Agreement (Technology Service Group Inc \De\)

Tenant’s Repairs. A. (a) Tenant shallwill at all times during the Term of this Lease keep and maintain at its own cost and expense, in good order, condition, and repair, the Premises (including, without limitation, all improvements, fixtures, and equipment on the Premises), and will make all repairs and replacements, interior and exterior, above or below ground, and ordinary or extraordinary as caused by Tenant. Landlord shall provide all existing mechanical systems in working order and will warranty the mechanical systems for one (1) year (parts and labor) from Lease Commencement Date. Tenant is responsible for all normal, scheduled maintenance for mechanical systems from Lease Commencement Date. (b) Tenant's obligation to keep and maintain, at its own cost and expense, keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this lease) in good order, condition, reasonable wear and tear excepted - See Xxxxxxx "X"repair includes, xxxxxxxxx 00.xwithout limitation, promptly making all necessary repairs plumbing and replacementssewage facilities in the Premises, includingfloors (including floor coverings); doors, but not limited tolocks, windows, and closing devices; window easements and frames; glass and plate glass; grilles; all electrical facilities and equipment; HVAC systems and equipment and all other appliances and equipment of every kind and nature; and all landscaping upon, doorswithin, special store fronts or office entriesattached to the Premises. Xxxxxxx shall make all necessary replacements with parts or items equal in quality and condition to the originals. If the tenant fails to make such required repairs and/or replacements, interior walls Landlord may complete same for Tenant and finish work, B. be reimbursed by Tenant shall not damage any demising wall or disturb for expenses incurred by the integrity and support provided by any demising wall and shallLandlord in connection therewith as Additional Rent. In addition, Tenant will at its sole cost and expenseexpense install or construct any improvements, promptly repair equipment, or fixtures required by any damage governmental authority or injury to agency as a consequence of Tenant's use and occupancy of the Premises. Tenant will replace any demising wall caused by Tenant or its employees, agents or inviteesdamaged plate glass within two (2) business days of the occurrence of such damage. C. (c) Landlord will assign to Tenant, and Tenant will have the benefit of, any guarantee of warranty to which Landlord is entitled under any purchase, construction, or installation contract relating to a component of the Premises which Tenant is obligated to repair and its employees, customers and licensees shall maintain. Tenant will have the right to use call upon the parking areascontractor to make such adjustments, if anyreplacements, as or repairs which are required to be made by the contractor under such contract. (d) Landlord may be designated at Landlord's option employ and pay a firm satisfactory to Landlord, engaged in the business of maintaining systems, to perform periodic inspections of the HVAC systems serving the Premises, and to perform any necessary work, maintenance, or repair of them. In that event, Tenant will reimburse Landlord on demand for all reasonable amounts paid by Landlord in writingconnection with such employment. (e) Any work to be done on the roof to accommodate Tenant improvements, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord including holes, patches, etc., or anything that would alter the roof, shall not be responsible for enforcing done by Landlord's roofer at Tenant's parking rights against any third partiesexpense. (f) Upon the expiration or termination of this Lease, Tenant will surrender the Premises to Landlord in good order, condition, and repair, ordinary wear and tear excepted. Landlord reserves To the extent allowed by law, Tenant waives the right to perform the paving and landscape maintenance, exterior painting, common sewage line plumbing, and care for the grounds around the Building, and Tenant shall be liable for its proportionate share (as defined in subparagraph 4.B above) of the cost and expense. If Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay, when due, its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. In the event any such amount is not paid within ten (10) days after the date of make repairs at Landlord's invoice to Tenant, expense under the unpaid amount shall bear interest from the date due until paid provisions of any laws permitting repairs by a tenant at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated share expense of the common area services which are provided by Landlord for the mutual benefit of all tenants, including all expenses incurred by Landlord with respect to the maintenance and operation of the building and/or project of which the Premises are a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic preventive maintenance; parking lot maintenance; pro rata share of the project's common area maintenance and monitoring service; and a management fee equal to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basislandlord.

Appears in 1 contract

Samples: Business Center Lease (Ion Networks Inc)

Tenant’s Repairs. A. a. Tenant shall, shall at its own cost and expense, expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this leaseLease) in which Landlord is expressly responsible under the terms of this Lease) in good condition, reasonable wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, promptly making all necessary repairs and replacements, including, including but not limited to, windows, glass and plate glass, doors, doors any special store fronts or office entriesentry, interior walls and finish work,, floors and floor covering, downsprouts, gutters, heating and air conditioning systems, dock boards, truck doors, dock bumbers, paving plumbing work and fixtures, interior termite and pest extermination, and regular removal of trash and debris. Tenant shall provide Landlord with prior notice of any repair to be undertaken by Tenant and such other information as Landlord may reasonably request with respect to such repair, except such notice shall not be required if immediate repair is be necessary for security or safety reasons. B. b. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or inviteesinvites. C. c. In the event the Premises constitute a portion of a multiple occupancy building, Tenant and its employees, customers and licensees shall have the exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible for enforcing Tenant's exclusive parking rights against any third parties. Landlord reserves the right to perform the paving and landscape maintenance. d. Tenant shall, exterior painting, common sewage line plumbing, and care for the grounds around the Building, and Tenant shall be liable for at its proportionate share (as defined in subparagraph 4.B above) of the own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for serving al hot water, heating and air conditioning systems and equipment within the Premises. If Tenant or any other particular tenant of The maintenance contractor and the Building can contract must be clearly identified as being responsible for obstructions or stoppage of reasonably approved by Landlord. The service contract must include all services suggested by the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay equipment manufacturer within the entire cost thereof, upon demand, as additional rent. Tenant shall pay, when due, its share, determined as aforesaid, of such costs operation/maintenance manual and expenses along with the other tenants of the building must become effective (and a copy thereof delivered to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. In the event any such amount is not paid within ten Landlord) no later than thirty (103) days after the date of Landlord's invoice to Tenant, the unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated share of the common area services which are provided by Landlord for the mutual benefit of all tenants, including all expenses incurred by Landlord with respect to the maintenance and operation of the building and/or project of which the Premises are a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plantsCommencement Date); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic preventive maintenance; parking lot maintenance; pro rata share of the project's common area maintenance and monitoring service; and a management fee equal to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basis.

Appears in 1 contract

Samples: Lease Agreement (Computone Corporation)

Tenant’s Repairs. A. Landlord shall maintain in good repair and condition all parts of the Premises and the parking areas, driveways and landscape and grounds surrounding the Premises. Such maintenance shall be at Tenant's cost and expense except as to those repairs for which Landlord is responsible under Paragraph 10, and except for the paving of the parking areas and the painting of the exterior walls of the Premises, which shall be paid for by Landlord; provided, however, if Tenant leases less than the entire Project, Tenant shall only be responsible for its Proportionate Share of the costs of maintaining any items outside its Premises. In addition, Tenant shall, at Tenant's expense maintain the heating and air conditioning and other mechanical systems and components of the Premises, including lighting, electrical systems, and plumbing lines and equipment. Tenant, at its own cost and expenseexpense shall enter into and deliver to Landlord one or more maintenance service contracts reasonably acceptable to Landlord with a contractor(s) reasonably approved by Landlord for heating and air conditioning. The service and maintenance contract(s) must include all services reasonably required by Landlord. In the event Tenant does not so deliver the service contract(s), keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this lease) in good condition, reasonable wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, special store fronts or office entries, interior walls and finish work, B. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. C. Tenant and its employees, customers and licensees shall have the right to use the parking areas, if any, as may be designated by Landlord in writing, subject contract for said service without notice to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord reserves the right to perform the paving and landscape maintenance, exterior painting, common sewage line plumbing, and care for the grounds around the Building, and Tenant shall be liable upon demand reimburse Landlord for its proportionate share (as defined in subparagraph 4.B above) the full cost thereof. To the extent not covered by the insurance Landlord is required to maintain pursuant to Section 9 hereof, and subject to the provisions of Paragraph 15, Tenant shall repair and pay for any damage to the cost and expense. If Premises or the Project caused by Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage lineTenant's employees, then Tenant, if Tenant is responsibleagents, or such other responsible tenantinvitees, shall pay the entire cost thereof, upon demand, as additional rentor caused by Tenant's default hereunder. Tenant shall pay, when due, its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for in any event pay the amount of its share as aforesaid of any deductible for the insurance Landlord is required to maintain pursuant to Section 9. Tenant shall reimburse Landlord for all such costs and expenses in accordance with the event provisions of Paragraph 6 above, except to the extent such repairs are covered by insurance on the Project under policies naming Landlord elects to perform or cause to be performed such workas the insured. In Notwithstanding the event foregoing, Landlord may at any such amount is not paid within ten (10) days after the date of Landlord's invoice to Tenant, the unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated share of the common area services which are provided by Landlord for the mutual benefit of all tenants, including all expenses incurred by Landlord with respect to time assume the maintenance and operation of repair obligations set forth in this paragraph as they relate to the building and/or project of which the Premises are a part. These services may includePremises, but if Landlord determines in its reasonable discretion that such maintenance and repair obligations are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic preventive maintenance; parking lot maintenance; pro rata share of the project's common area maintenance and monitoring service; and a management fee equal to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable being satisfactorily performed by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basis.

Appears in 1 contract

Samples: Lease Agreement (Cirrus Logic Inc)

Tenant’s Repairs. A. All damage, other than that which Landlord undertakes to repair in Section 9.01 or Articles XI or XIX will be repaired and all maintenance will be performed and replacements and renewals will be made by Tenant shall, at its own Tenant’s cost and expenseexpense including without limitation all other maintenance and repairs necessary or appropriate to cause the Leased Premises to be suitable for Tenant’s intended commercial purpose and occupancy; and Tenant will make all repairs, keep perform all maintenance and maintain provide all parts of renewals and replacements at the Premises (except those for which Landlord is expressly responsible under the terms of this lease) in good conditionLeased Premises, reasonable wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, promptly making all necessary repairs and replacements, including, including but not limited toto heating and air conditioning equipment (whether any such equipment is roof mounted or otherwise affixed outside the Leased Premises), windowselectrical equipment and fixtures, plumbing fixtures and equipment, elevators, wiring (including that within walls or ceiling or under flooring or floor covering), and plumbing lines (including water lines and gas lines) within walls or ceilings and under flooring or floor covering. Tenant will replace all broken or cracked plate glass and plate glass, doors, special store fronts or office entries, interior walls and finish work, B. glass windows. Tenant shall not damage make, or permit to be made, any demising wall penetration in the roof of the building of which the Leased Premises are a part, but except to the extent such penetrations are necessary or disturb the integrity desirable in connection with Tenant’s heating, ventilating, air conditioning or extraction systems. All such penetrations (and support provided by any demising wall subsequent closures and shall, flashings) (“TENANT’S PERMITTED ROOF REPAIR”) shall be done at its Tenant’s sole cost and expenseexpense and in a manner which complies with applicable building codes and in a manner which is reasonably satisfactory to Landlord. Tenant shall be responsible for all rooftop flashing around the rooftop air conditioning unit. As a condition precedent to Tenant’s right to perform Tenant’s Permitted Roof Repair, promptly repair Tenant shall take out and maintain ( or cause the contractor under its construction contract to take out and maintain) public liability insurance, builder’s risk and such other insurance required under the attached Construction Rider in such amounts and with such conditions as set forth in the Construction Rider and shall provide evidence of the existence of such policies to Landlord prior to the commencement of any such roof penetration. Tenant shall indemnify, defend and hold Landlord harmless from any liability, claims, actions, causes of action, loss or damage of any kind whatsoever, directly or injury indirectly resulting from Tenant’s Permitted Roof Repair. If Landlord considers necessary any repairs, maintenance, renewals or replacements required by the provisions of this Lease to any demising wall caused be made or provided by Tenant and Tenant refuses or its employeesneglects to make same after reasonable notice (except in the event of an emergency in which event no prior notice shall be required), agents or invitees. C. Tenant and its employees, customers and licensees Landlord shall have the right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord (but shall not be responsible for enforcing Tenant's parking rights against any third partiesobligated), to make such repair, perform such maintenance or provide such renewal or replacement. Landlord reserves the right to perform the paving and landscape maintenanceTenant will, exterior painting, common sewage line plumbing, and care for the grounds around the Building, and Tenant shall be liable for its proportionate share (as defined in subparagraph 4.B above) of the cost and expense. If Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall on demand pay the entire actual cost thereof, upon demand, as additional rent. Tenant shall pay, when due, its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such workthereof incurred by Landlord. In the event that Tenant elects to use the roof for outdoor dining in any such amount is not paid within ten (10) days after the date of Landlord's invoice to Tenantmanner, the unpaid amount then Tenant shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated share of the common area services which are provided by Landlord be responsible for the mutual benefit of all tenants, including all expenses incurred by Landlord with respect to the maintenance roof and operation of the building and/or project of which the Premises are a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic preventive maintenance; parking lot maintenance; pro rata share of the project's common area maintenance and monitoring service; and a management fee equal to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basisdeck thereto.

Appears in 1 contract

Samples: Lease Contract (Smith & Wollensky Restaurant Group Inc)

Tenant’s Repairs. A. Tenant shall, shall at its own cost and expense, expense keep and maintain all parts of the Premises premises (except those for which Landlord is expressly responsible under the terms of this lease) in good condition, reasonable wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, promptly making all necessary repairs and replacements, including, including but not on limited to, to windows, glass and plate glass, doors, any special store fronts or office entriesentry, interior walls and finish work,, floors and floor covering, downspouts, heating and air conditioning systems, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, termite and pest extermination, regular removal of trash and debris, regular mowing of any grass, trimming, weed removal and general landscape maintenance. Tenant shall not be obligated to repair any damage caused by fire, tornado or other casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 12(A) below, except that Tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage. B. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, expense promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. C. In the event the premises constitute a portion of a multiple occupancy building, Tenant and its employees, customers and licensees shall have the exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules rule and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible for enforcing Tenant's exclusive parking rights against any third parties. Further, in multiple occupancy buildings, Landlord reserves the right to perform the paving and landscape maintenance, exterior painting, painting and common sewage line plumbing, and care for the grounds around the Buildingplumbing which are otherwise Tenant's obligations under subparagraph A above, and Tenant shall shall, in lieu of the obligations set forth under subparagraph A above with respect to such items, be liable for its proportionate share (as defined in subparagraph 4.B 4(B) above) of the cost and expense. If expense of the care for the grounds around the building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, with thirty (30) days written notice as additional rent. , Tenant shall pay, pay when due, due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. In the event any such amount is not paid within ten (10) days after the date of Landlord's invoice to Tenant. E. Tenant shall, the unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated share of the common area services which are provided by Landlord for the mutual benefit of all tenantsown cost and expense, including all expenses incurred by Landlord with respect to the maintenance and operation of the building and/or project of which the Premises are enter into a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic regularly scheduled preventive maintenance; parking lot maintenance; pro rata share of /service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment within the project's common area premises. The maintenance contractor and monitoring service; the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a management fee equal copy thereof delivered to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along Landlord) with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost the date Tenant takes possession of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basispremises.

Appears in 1 contract

Samples: Lease Agreement (Luminex Corp)

Tenant’s Repairs. A. Tenant shall, at its own cost and expense, keep and maintain all parts of the Premises premises (except those for which Landlord is expressly responsible under the terms of this lease) in good condition, reasonable wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, promptly making all necessary repairs and replacements, including, including but not limited to, windows, glass and plate glass, doors, any special store fronts or office entriesentry, interior walls and finish work,, interior and exterior paint work, floors and floor coverings, downspouts, gutters, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, electrial wiring and fixtures, _______ and pest extermination, regular removal of trash and debris, regular ______ of any grass, trimming, weed removal and general landscape maintenance, including rail spur areas, keeping the parking areas, driveways, alleys and the whole of the premises in a clean and sanitary condition. Tenant shall not be obligated to repair any damage caused by fire, tornado or other casualty covered by the insurance to be maintained by Landlord pursuant to Paragraph 12 below, except that Tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage. B. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. C. Tenant and shall, at its employees, customers and licensees shall have the right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord reserves the right to perform the paving and landscape maintenance, exterior painting, common sewage line plumbing, and care for the grounds around the Building, and Tenant shall be liable for its proportionate share (as defined in subparagraph 4.B above) of the own cost and expense. If Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay, when due, its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. In the event any such amount is not paid within ten (10) days after the date of Landlord's invoice to Tenant, the unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated share of the common area services which are provided by Landlord for the mutual benefit of all tenants, including all expenses incurred by Landlord with respect to the maintenance and operation of the building and/or project of which the Premises are enter into a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic regularly scheduled preventive maintenance; parking lot maintenance; pro rata share of /service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment within the project's common area premises. The maintenance contractor and monitoring service; the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a management fee equal copy thereof delivered to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord Landlord) within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost the date Tenant takes possession of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basispremises.

Appears in 1 contract

Samples: Lease Agreement (Conns Inc)

Tenant’s Repairs. A. Tenant shall, at its his own cost and expense, keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this leaseLease) in good condition, reasonable wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, glass doors, special store fronts or office entries, interior walls and finish work,, floors and floor covering, downspouts, gutters, heating and air conditioning systems, truck doors, dock bumpers, paving, plumbing work and fixtures, termite and pest extermination, regular removal of trash and debris, keeping the parking areas, driveways, alleys, and the whole of the Premises in a clean and sanitary condition. Tenant shall not be obligated to repair any damage caused by fire, tornado or other casualty covered by the insurance to be maintained by Landlord pursuant to Subparagraph 13A below, except that Tenant shall be obligated to repair all wind damage to glass, except with respect to tornado or hurricane damage. B. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. C. Tenant and its employees, customers and licensees shall have the right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenantsTenant's. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord reserves the right to perform the paving and landscape maintenance, exterior painting, common sewage line plumbing, and care for the grounds around the Buildingbuilding of which the Premises is a part, and Tenant shall be liable for its proportionate share (as defined in subparagraph 4.B Subparagraph 4B above) of the cost and expense. If Tenant or any other particular tenant Tenant of the Building building of which the Premises is a part can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenantTenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay, when due, its share, determined as aforesaid, of such costs and expenses along with the other tenants Tenants of the building to Landlord Landlord, upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. In the event any such amount is not paid within ten (10) days after the date of Landlord's invoice to Tenant, the unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. D. Tenant shall, at its own cost and expense maintain and service all hot water, heating and air conditioning systems and equipment within the Premises. 7This maintenance should include regular filter changes and lubrication of equipment, as well as other prudent preventive maintenance procedures. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated share of Landlord's representatives will inspect and service the common area services which are provided by Landlord for the mutual benefit of all tenants, including all expenses incurred by Landlord with respect heating and air conditioning equipment prior to the maintenance Commencement Date and operation of will certify the building and/or project of which the Premises are a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic preventive maintenance; parking lot maintenance; pro rata share of the project's common area maintenance and monitoring service; and a management fee equal equipment to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants operational on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basisCommencement Date.

Appears in 1 contract

Samples: Lease Agreement (Industrial Data Systems Corp)

Tenant’s Repairs. A. Tenant shall, shall at its own cost and expense, keep and Tenant's expense throughout the Term of this Lease maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this lease) in good conditiona good, reasonable wear clean and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, secure condition and promptly making make all necessary repairs and replacements, including, including but not limited to, to all windows, glass and plate glass, doors, special store fronts or office entries, interior walls and finish work, B. wall finishes, floor covering, heating, ventilating and air conditioning systems, truck doors, dock bumpers, dock plates and levelers, plumbing work and Fixtures, root (exclusive of structural beams), downspouts, electrical and lighting systems, and fire sprinklers. Tenant shall at Tenant's expense also perform regular removal of trash and debris. If required by the railroad company, Tenant agrees to sign a joint xxxxxenance agreement governing the use of the rail spur, if any. Tenant shall, at Tenant's own expense, xxxxx into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment within or serving the Premises. The maintenance contractor and the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective and a copy thereof delivered to Landlord within thirty (30) days after the Term Commencement Date. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly immediately repair any damage or injury to any demising wall caused by Tenant or its employeesTenant's Parties. To the extent permitted by applicable contracts or law, agents or invitees. C. Tenant and its employees, customers and licensees shall have the right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible make available to Tenant the benefits of any contractor warranties applicable to items for enforcing Tenant's parking rights against any third parties. Landlord reserves the right to perform the paving and landscape maintenancewhich Tenant has repair, exterior painting, common sewage line plumbing, and care for the grounds around the Building, and Tenant shall be liable for its proportionate share (as defined in subparagraph 4.B above) of the cost and expense. If Tenant maintenance or any other particular tenant of the Building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay, when due, its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. In the event any such amount is not paid within ten (10) days after the date of Landlord's invoice to Tenant, the unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated share of the common area services which are provided by Landlord for the mutual benefit of all tenants, including all expenses incurred by Landlord with respect to the maintenance and operation of the building and/or project of which the Premises are a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic preventive maintenance; parking lot maintenance; pro rata share of the project's common area maintenance and monitoring service; and a management fee equal to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these servicesresponsibility hereunder, provided, however, that at no time during the term of this lease Landlord shall an increase, if any, not be obligated to incur any cost or liability in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basis.so doing. ALTERATIONS

Appears in 1 contract

Samples: Lease Agreement (Cellegy Pharmaceuticals Inc)

Tenant’s Repairs. A. Tenant shall, shall at its own cost and expense, keep and Tenant's expense maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this lease) in good conditiona good, reasonable wear clean and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, secure condition and promptly making make all necessary repairs and replacements, including, including but not limited to, to all windows, glass and plate glass, doors, special store fronts or office entries, interior walls and finish work, B. wall finishes, floor covering, heating, ventilation and air conditioning systems, truck doors, dock bumpers, dock plates and levers, plumbing work and fixtures, downspouts, electrical and lighting systems, and fire sprinklers; provided, however, Tenant shall have no obligation to make any such repairs, maintenance or replacements which are otherwise Landlord's obligations hereunder; and provided, further that Tenant shall have no obligation to make any such repairs, maintenance or replacements as are necessitated due to construction or material defects in the initial construction of the Improvements which repairs, maintenance and replacements shall be made by Landlord at its sole cost and expense . Tenant shall at Tenant's expense also perform regular removal of trash and debris. If required by the railroad company, Tenant agrees to sign a joint maintenance agreement governing the use of the rail spur, if any. Tenant shall, in the event Landlord does not, as provided for in Paragraph 10 above, at Tenant's own expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment within or serving the Premises. The maintenance contractor and the contract must be approved by Landlord (which approval shall not be unreasonably withheld or delayed). The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective and a copy thereof delivered to Landlord within thirty (30) days after the Term Commencement Date. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly immediately repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. C. Tenant and its employees, customers and licensees shall have the right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord reserves the right to perform the paving and landscape maintenance, exterior painting, common sewage line plumbing, and care for the grounds around the Building, and Tenant shall be liable for its proportionate share (as defined in subparagraph 4.B above) of the cost and expense. If Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay, when due, its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. In the event any such amount is not paid within ten (10) days after the date of Landlord's invoice to Tenant, the unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated share of the common area services which are provided by Landlord for the mutual benefit of all tenants, including all expenses incurred by Landlord with respect to the maintenance and operation of the building and/or project of which the Premises are a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic preventive maintenance; parking lot maintenance; pro rata share of the project's common area maintenance and monitoring service; and a management fee equal to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basisParties.

Appears in 1 contract

Samples: Lease (Sport Supply Group Inc)

Tenant’s Repairs. A. Tenant shall, shall at its own cost and expense, expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this leaseLease) in good condition, reasonable wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, promptly making all necessary repairs and replacements, including, including but not limited to, windows, glass and plate glass, doors, any special store fronts or office entriesentry, interior walls and finish work,, floors and floor covering, heating and air condition systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, termite and pest extermination, and regular removal of trash and debris. Tenant shall provide Landlord with prior notice of any repair to be undertaken by Tenant costing in excess of $50,000 (in Tenant’s reasonable estimation) and such other information as Landlord may reasonably request with respect to such repair, except such notice shall not be required if immediate repair is necessary for security or safety reasons. B. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. C. Tenant and its employees, customers and licensees shall have the right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord reserves the right to perform the paving and landscape maintenance, exterior painting, common sewage line plumbing, and care for the grounds around the Building, and Tenant shall be liable for its proportionate share (as defined in subparagraph 4.B above) of the cost and expense. If Tenant On or any other particular tenant of the Building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay, when due, its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. In the event any such amount is not paid within ten (10) days after the date of Landlord's invoice to Tenant, the unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated share of the common area services which are provided by Landlord for the mutual benefit of all tenants, including all expenses incurred by Landlord with respect to the maintenance and operation of the building and/or project of which the Premises are a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic preventive maintenance; parking lot maintenance; pro rata share of the project's common area maintenance and monitoring service; and a management fee equal to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within before thirty (30) days after receipt all heating and air conditioning systems and equipment are initially installed and commissioned and the office component of such invoice from the Leasehold Improvements (see below in Paragraph 10) is completed, Tenant shall, at its own cost and expense, enter into a quarterly preventative maintenance/service contract with one of Landlord. Subject to Landlord's reasonable discretion’s preferred licensed HVAC contractors for servicing all heating and air conditioning systems and equipment, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these services, provided, however, that at no time during within the Premises over the term of this lease shall an increasethe Lease. In the event Landlord has not received a copy of Tenant’s service contract described herein within aforementioned 30 day timeframe or Tenant fails to maintain the contract during the Demised Term, if anyLandlord may, in the monthly common area at its option, enter into a service charge payable by contract on behalf of Tenant, hereunderand Tenant shall reimburse Landlord, exceed an aggregate within twenty (20) days’ notice from Landlord, for the cost of 5% per year cumulative as calculated on an annual basissuch service contract. Tenant shall keep accurate and complete records of the performance of all scheduled maintenance under such contract and shall provide copies thereof to Landlord from time to time upon request by Xxxxxxxx. The service contract must i) include all services suggested by the licensed contractor to keep the units in good repair, and ii) comply with any warranties (if applicable).

Appears in 1 contract

Samples: Lease Agreement (Proterra Inc)

Tenant’s Repairs. A. Tenant shallFrom and after the Lease Commencement Date, except as otherwise provided in this Lease, all maintenance, repairs and replacements to the Premises shall be made by Tenant. Tenant, at its own cost Tenant’s sole and exclusive expense, and pursuant to the Declaration, shall make all repairs and replacements of any nature whatsoever to keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this lease) and furnishings in good conditioncondition and repair, reasonable wear and tear excepted - See Xxxxxxx "X"and damage by fire or other casualty excepted, xxxxxxxxx 00.xincluding without limitation the electrical system located within the Premises boundaries, promptly making the plumbing and sewer systems located within the Premises boundaries, the exterior and interior portions of all necessary repairs doors, checks and replacementshardware, including, but not limited to, and all windows, glass frames and plate glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, doors, special store fronts or office entries, interior walls type and finish work, B. style as the item being replaced. Tenant shall not damage permit any demising wall waste or disturb injury to the integrity and support provided by any demising wall Premises and shall, at its sole cost and expense, promptly repair keep the Premises neat, clean and in an orderly and sanitary condition. In no event will Tenant be required to make any damage replacement of any major component of the heating, ventilating or injury to any demising wall caused other mechanical systems serving the Premises (except for those auxiliary units installed on the Premises by Tenant or previous tenant), and in lieu thereof, at the expiration of the Lease Term, Tenant may surrender the Premises to Landlord with any such heating, ventilating or air conditioning or other mechanical equipment in its employees“as is” condition. Tenant will maintain and keep in good condition and repair all work done or installed by Tenant. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord’s prior written consent, agents or invitees. C. Tenant and its employeesif such consent is given, customers and licensees shall have the right to only use the parking areassuch contractors approved by Landlord, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord which approval shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord reserves the right to perform the paving and landscape maintenanceunreasonably withheld, exterior painting, common sewage line plumbing, and care for the grounds around the Building, and Tenant shall be liable for its proportionate share (as defined in subparagraph 4.B above) of the cost and expenseconditioned or delayed. If Tenant or fails to promptly make any other particular tenant repairs that are the responsibility of the Building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage lineTenant hereunder, then TenantLandlord, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay, when due, at its share, determined as aforesaid, of such costs option and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. In the event any such amount is not paid within after ten (10) days after the date of Landlord's invoice written notice to Tenant, the unpaid amount may make such repairs and Tenant shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month on demand Landlord’s actual reasonable costs incurred in connection therewith, as its estimated share evidenced by copies of the common area services which are provided by Landlord invoices delivered to Tenant with such demand for the mutual benefit of all tenants, including all expenses incurred by Landlord with respect to the maintenance and operation of the building and/or project of which the Premises are a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic preventive maintenance; parking lot maintenance; pro rata share of the project's common area maintenance and monitoring service; and a management fee equal to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basispayment.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Repairs. A. a) Tenant shall, shall at its own cost and expense, expenses keep and maintain all parts of the Leased Premises (except those for which Landlord is expressly responsible under the terms of this leaseLease) in good condition, reasonable wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, promptly making all necessary repairs and replacements, including, including but not limited to, windows, glass and plate glass, plate glass doors, any special store fronts or office entriesentry, interior walls and finish work,, floors and floor covering, down spout, gutters, heating and air conditioning systems, lighting, electrical systems, dock boards, truck doors, door bumpers, paving, plumbing lines, equipment, and fixtures, termite and pest extermination, regular removal of trash and debris, including rail spur areas, keeping the theses areas, parking areas, driveways, alleys and the whole of the Leased Premises in a clean and sanitary condition, and maintaining any spur track serving the Leased Premises (Tenant agrees to sign a joint maintenance agreement with the railroad company servicing the Leased Premises, if requested by the railroad company). Tenant shall not be obligated to repair any damage caused by fire, tornado or other casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 12(a) below, except that Tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage. B. b) Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its is sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or inviteesinvitee. C. c) In the event the Leased Premises constitute a portion of a multiple occupancy building, Tenant and its employees, customers and licensees shall have the exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of if ingress and egress of other tenants. Landlord shall not be responsible for enforcing Tenant's exclusive parking rights against any third parties. Further, in multiple occupancy buildings, Landlord reserves the right to shall perform the paving and landscape maintenance, and reserves the right to perform exterior painting, painting and common sewage line plumbing, and care for the grounds around the Buildingplumbing which are otherwise Tenant's obligations under subparagraph (a) above with respect to such items, and Tenant shall be liable for its proportionate share (as defined in subparagraph 4.B 4(b) above) of the reasonable cost and expense. If expense of the care for the grounds around the Building, including but not limited to the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways, and alleys, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the rights to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determining by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay, pay when due, due its share, determined determine as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause caused to be performed such work. . d) In the event the Leased Premises constitute a portion of a multiple occupancy building, Landlord shall have the right to coordinate any such amount is not paid within ten (10) days after repairs and other maintenance of any rail tracks serving or to serve the date of Landlord's invoice Building, and if Tenant uses the rail tracks, Tenant shall reimburse Landlord from time to Tenanttime upon demand, the unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated additional rent, for a share of the common area services which are provided by Landlord for costs of the mutual benefit of all tenants, including all expenses incurred by Landlord with respect to the repairs and maintenance and operation of any other sums specified in any agreement to which Landlord is a party respecting the building and/or project tracks, such share to be a fraction, the numerator of which is the Premises are a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspoutsspace contained in the Leased Premises, and other parts the denominator of which is the building which require periodic entire space occupied by rail users in the Building. e) Tenant shall, at its own costs and expense, enter into a regularly scheduled preventive maintenance; parking lot maintenance; pro rata share of /service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment within the project's common area Leased Premises. The maintenance contractor and monitoring service; the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a management fee equal copy thereof delivered to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord Landlord) within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost the date Tenant takes possession of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basisLeased Premises.

Appears in 1 contract

Samples: Lease Agreement (Genaissance Pharmaceuticals Inc)

Tenant’s Repairs. A. Tenant shall, shall at its own cost and expense, expense keep and maintain all parts of the Premises premises (except those for which Landlord is expressly responsible under the terms of this lease) in good condition, reasonable wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, promptly making all necessary repairs and replacements, including, including but not limited to, windows, glass and plate glass, doors, any special store fronts or office entriesentry, interior walls and finish work,, floors and floor covering, downspouts, gutters, heating and air conditioning systems, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, termite and pest extermination, regular removal of trash and debris, regular mowing of any grass, trimming, weed removal and general landscape maintenance, including rail spur areas, keeping the parking areas, driveways, alleys and the whole of the premises in a clean and sanitary condition, and maintaining any spur track serving the premises. Tenant shall not be obligated to repair any damage caused by fire, tornado or other casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 12(A) below, except that Tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage. B. Tenant shall not damage any demising wall or disturb the integrity and support provided by any an demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. C. In the event the premises constitute a portion of a multiple occupancy building, Tenant and its employees, customers and licensees shall have the exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible for enforcing Tenant's exclusive parking rights against any third parties. Further, in multiple occupancy buildings, Landlord reserves the right to perform the paving and landscape maintenance, exterior painting, painting and common sewage line plumbing, and care for the grounds around the Buildingplumbing which are otherwise Tenant's obligations under subparagraph A above, and Tenant shall shall, in lieu of the obligations set forth under subparagraph A above with respect to such items, be liable for its proportionate share (as defined in subparagraph 4.B 4(B) above) of the cost and expense. If expense of the care for the grounds around the building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay, pay when due, due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. . D. In the event the premises constitute a portion of a multiple occupancy building, Landlord shall have the right to coordinate any repairs and other maintenance of any rail tracks serving or to serve the building, and if Tenant uses such amount is not paid within ten (10) days after the date of Landlord's invoice rail tracks, Tenant shall reimburse Landlord from time to Tenanttime upon demand, the unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated additional rent, for a share of the common area services which are provided by Landlord for the mutual benefit costs of all tenants, including all expenses incurred by Landlord with respect to the such repairs and maintenance and operation of any other sums specified in any agreement to which Landlord is a party respecting such tracks, such share to be a fraction, the building and/or project numerator of which is the Premises are a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspoutsspace contained in the premises, and other parts the denominator of which is the building which require periodic entire space occupied by rail users in the building. E. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance; parking lot maintenance; pro rata share of /service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment within the project's common area premises. The maintenance contractor and monitoring service; the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a management fee equal copy thereof delivered to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along Landlord) with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost the date Tenant takes possession of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basispremises.

Appears in 1 contract

Samples: Lease Agreement (Cortelco Systems Inc)

Tenant’s Repairs. A. a) Tenant shall, shall at its own cost and expense, expenses keep and maintain all parts of the Leased Premises (except those for which Landlord is expressly responsible under the terms term of this leaseLease) in good condition, reasonable wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, promptly making all necessary repairs and replacements, including, including but not limited to, windows, glass and plate glass, plate glass doors, any special store fronts or office entriesentry, interior walls and finish work,, floors and floor covering, downspout, gutters, heating and air conditioning systems, lighting, electrical systems, dock boards, truck doors, door bumpers, paving, plumbing lines, equipment, and fixtures, termite and pest extermination, regular removal of trash and debris, including rail spur areas, keeping these areas, parking areas, driveways, alleys and the whole of the Leased Premises in a clean and sanitary condition, and if applicable, maintain any spur track serving the Leased Premises (Tenant agrees to sign a joint maintenance agreement reasonably acceptable to Tenant, with the railroad company servicing the Leased Premises, if requested by the railroad company. Tenant shall not be obligated to repair any damage caused by fire, tornado or other casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 14(a) below, except that Tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage. B. b) Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or inviteesinvitee. C. c) In the event the Leased Premises constitute a portion of a multiple occupancy building, Tenant and its employees, customers and licensees shall have the exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible for enforcing Tenant's [exclusive parking rights rights] against any third parties. Further, in multiple occupancy buildings, Landlord reserves the right to shall perform the paving and landscape maintenance, and reserve the right to perform exterior painting, painting and common sewage line plumbing, and care for the grounds around the Buildingplumbing which are otherwise Tenant's obligations under subparagraph (a) above with respect to such items, and Tenant shall be liable for its proportionate share (as defined in subparagraph 4.B 6(a) above) of the cost and expense. If expense of the care for the grounds around the Building, including but not limited to the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay, when due, pay its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause caused to be performed such work. In the event any such amount is not paid within work which sum shall be due and payable ten (10) days after receipt of a statement thereafter. d) In the date event the Leased Premises constitute a portion of Landlord's invoice a multiple occupancy building, Landlord shall have the right to Tenantcoordinate any repairs and other maintenance of any rail tracks serving or to serve the Building, and if Tenant uses the unpaid amount rail tracks, Tenant shall bear interest reimburse Landlord from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees time to pay Landlord $0.0271 per square foot per month time upon demand, as its estimated additional rent, for a share of the common area services which are provided by Landlord for costs of the mutual benefit of all tenants, including all expenses incurred by Landlord with respect to the repairs and maintenance and operation of any other sums specified in any agreement to which Landlord is a party respecting the building and/or project tracks, such share to be a fraction, the numerator of which is the Premises are a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspoutsspace contained in the Leased Premises, and other parts the denominator of which is the building entire space occupied by rail users in the Building which require periodic sum shall be due and payable ten (10) days after receipt of a statement thereafter. e) Tenant shall, at its own costs and expense, enter into a regularly scheduled preventive maintenance; parking lot maintenance; pro rata share of /service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment within the project's common area Leased Premises. The maintenance contractor and monitoring service; the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/ maintenance manual and must become effective (and a management fee equal copy thereof delivered to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord Landlord) within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area the date Tenant takes possession of the Leased Premises and provide for service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual not less than a semi-annually basis.

Appears in 1 contract

Samples: Lease Agreement (Learningstar Corp)

Tenant’s Repairs. A. Tenant shall, shall at its own cost and expense, keep and Tenant's expense throughout the Term of this Lease maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this lease) in good conditiona good, reasonable wear clean and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, secure condition and promptly making make all necessary repairs and replacements, including, including but not limited to, to all windows, glass and plate glass, doors, special store fronts or office entries, interior walls and finish work, B. wall finishes, floor covering, heating, ventilating and air conditioning systems, plumbing work and Fixtures, roof (exclusive of structural beams), downspouts, electrical and lighting systems, and fire sprinklers. Tenant shall at Tenant's expense also perform regular removal of trash and debris. Tenant shall, at Tenant's own expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing hot water, heating and air conditioning systems and equipment within or serving the Premises. Landlord must approve the maintenance contractor and the contract. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective and a copy thereof delivered to Landlord within thirty (30) days after the Term Commencement Date. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly immediately repair any damage or injury to any demising wall caused by Tenant or its employeesTenant's Parties. To the extent permitted by applicable contracts or law, agents or invitees. C. Tenant and its employees, customers and licensees shall have the right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible make available to Tenant the benefits of any contractor warranties applicable to items for enforcing Tenant's parking rights against any third parties. Landlord reserves the right to perform the paving and landscape maintenancewhich Tenant has repair, exterior painting, common sewage line plumbing, and care for the grounds around the Building, and Tenant shall be liable for its proportionate share (as defined in subparagraph 4.B above) of the cost and expense. If Tenant maintenance or any other particular tenant of the Building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay, when due, its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. In the event any such amount is not paid within ten (10) days after the date of Landlord's invoice to Tenant, the unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated share of the common area services which are provided by Landlord for the mutual benefit of all tenants, including all expenses incurred by Landlord with respect to the maintenance and operation of the building and/or project of which the Premises are a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic preventive maintenance; parking lot maintenance; pro rata share of the project's common area maintenance and monitoring service; and a management fee equal to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these servicesresponsibility hereunder, provided, however, that at no time during the term of this lease Landlord shall an increase, if any, not be obligated to incur any cost or liability in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basisso doing.

Appears in 1 contract

Samples: Lease Agreement (Paypal Inc)

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Tenant’s Repairs. A. a) Tenant shall, shall at its own cost and expense, expense keep and maintain all parts of the Premises premises (except those for which Landlord landlord is expressly responsible under the terms of this leaseLease) in good condition, reasonable wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, promptly making all necessary repairs and replacements, including, including but not limited to, windows, glass and plate glass, doors, any special store fronts or office entriesentry, interior walls and finish work,, floors and floor covering, downspout, gutters, heating and air conditioning systems, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, termite and pest extermination, regular removal of trash and debris, regular mowing of any grass, trimming, weed removal and general landscape maintenance, keeping the parking areas, driveways, alleys and the whole of the premises in a clean and sanitary condition. Tenant shall not be obligated to repair any damages caused by fire, tornado or other casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 12(a) below, except that Tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage. B. b) Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and or shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. C. c) Tenant and its employees, customers and licensees shall have the exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible for enforcing Tenant's exclusive parking rights against any third parties. Further, Landlord reserves the right to shall perform the paving and landscape maintenance, exterior painting, painting and common sewage line plumbingplumbing which are otherwise Tenant's obligations under subparagraph (a) above, and Tenant shall, in lieu of the obligations set forth under subparagraph 9a) above with respect to such items, be liable for the cost and expense over and above the base year expense stop outlined in Addendum One, Item 2 herein, of the care for of the grounds around the Building, and Tenant shall be liable for its proportionate share (as defined in subparagraph 4.B above) of the cost and expense. If Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay, when due, its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. In the event any such amount is not paid within ten (10) days after the date of Landlord's invoice to Tenant, the unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated share of the common area services which are provided by Landlord for the mutual benefit of all tenantsbuilding, including all expenses incurred by Landlord with respect to the maintenance and operation of the building and/or project of which the Premises are a part. These services may include, but are not limited to, general landscaping, the mowing of grass, care of shrubs (including replacement of expired plants); operation and shrubs, general landscaping, maintenance of lawn sprinkler system; operation parking areas, driveways and maintenance of alleys, exterior lighting; water repainting and common sewage line plumbing. d) Intentionally deleted. e) Tenant shall, at its own cost and expense service all hot water, heating and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, air conditioning systems and other parts of equipment within the building which require periodic preventive maintenance; parking lot maintenance; pro rata share of the project's common area maintenance premises and monitoring service; and a management fee equal to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied keep same in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basisgood working condition.

Appears in 1 contract

Samples: Lease Agreement (Winston Furniture Co of Alabama Inc)

Tenant’s Repairs. A. Tenant shall, shall at its own cost and expense, expense keep and maintain all parts of the Premises (except those premises and the real estate on which the building is located for which Landlord is not expressly responsible under the terms of this lease) , in good condition, reasonable normal wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.xexcepted, promptly making all necessary repairs and replacementsreplacements with materials and workmanship of the same character, includingkind and quality as the original, including but not limited to, windows, glass and plate glass, doors, skylights, any special store fronts or office entries, interior walls and finish work,, floors and floor coverings, downspouts, gutters, heating and air conditioning systems, electrical systems and fixtures, sprinkler systems, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, termite and pest extermination, regular removal of trash and debris, regular mowing of any grass, trimming, weed removal and general landscape maintenance. Tenant as part of its obligations hereunder shall (i) keep the parking areas, driveways, alleys and the whole of the premises in a clean and sanitary condition, , and (ii) without injury to, parking areas, driveways and sidewalks, remove all snow and ice from same. Upon termination of this lease in any way Tenant will yield up the premises to Landlord in good condition and repair, reasonably wear and tear excepted and loss by fire or other casualty covered by insurance to be maintained by Landlord pursuant to paragraph 12A hereof excepted (but not excepting any damage to glass). In the event of any insurance claim, Tenant shall be liable for payment of any deductible under any of Landlord’s insurance policies with respect to the premises, which deductible is currently Five Thousand and 00/100 Dollars ($5,000.00). B. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. C. Tenant and its employees, customers and licensees shall have the exclusive right to use the parking areas, if any, as may be designated by Landlord in writingdriveways adjacent to said building, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenantsprescribe. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Further, Landlord reserves the right to perform the paving and landscape maintenancemaintenance for the grounds around the building, including, but not limited to, maintenance of common parking areas, if any, driveways and alleys, roof repairs, exterior painting, common sewage line plumbing, and care repair and maintenance of any other items, the obligations for which are shared by other tenants in the grounds around building and other improvements of which the Buildingpremises are a part, all of which are otherwise Tenant’s obligations under subparagraph A above, and Tenant shall shall, in lieu of the obligations set forth under subparagraph A above with respect to such items, be liable for its proportionate share (as defined in subparagraph 4.B above24J) of the cost and expense. If Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost expense thereof, upon demand, as additional rent. Tenant shall pay, when due, pay to Landlord its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord expenses, upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. In If during the event any such amount is not paid within ten (10) days after calendar year following the calendar year in which the commencement date of Landlord's invoice to Tenantthis lease falls, or during any subsequent year of the primary term or any renewal or extension, the unpaid cost to Landlord of said pavement repair and maintenance shall exceed Nineteen Thousand Seven Hundred Sixteen and 90/100 Dollars ($19,716.90), Tenant shall pay to Landlord on demand the amount shall bear interest from of such excess; and the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees failure to pay Landlord $0.0271 per square foot per month as its estimated share of the common area services which are provided by Landlord for the mutual benefit of all tenants, including all expenses incurred by Landlord with respect to the maintenance and operation of the building and/or project of which the Premises are a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic preventive maintenance; parking lot maintenance; pro rata share of the project's common area maintenance and monitoring service; and a management fee equal to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, such excess upon demand shall be prorated among tenants on the basis of square footage occupied treated in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, default in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate payment of 5% per year cumulative as calculated on an annual basisrent hereunder when due.

Appears in 1 contract

Samples: Lease Agreement (Power Solutions International, Inc.)

Tenant’s Repairs. A. Tenant shall(a) Subject to Landlord's obligation in Xxxxxxxxx 00, at its own cost and expense, keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this lease) in good condition, reasonable wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, special store fronts or office entries, interior walls and finish work, B. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shallXxxxxx, at its sole cost and expense, promptly shall repair, replace and maintain in good condition all portions of the Premises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock, dock equipment and loading areas, dock doors, plumbing, water, and sewer lines up to points of common connection, entries, doors, ceilings, windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems, and other building and mechanical systems serving the Premises. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term. Maintenance and repair of the heating, ventilation and air conditioning systems and other mechanical and building systems serving the Premises, and any damage or injury repairs to any demising wall caused the roof, shall be at Tenant's expense pursuant to maintenance service contracts entered into by Tenant or its employeesor, agents or inviteesat Landlord's written election, by Landlord (but at Tenant's expense). The scope of services and contractors under such maintenance contracts shall be subject to Landlord's prior written approval. C. (b) In the event that any repair or maintenance obligation required to be performed by Tenant hereunder may affect the structural integrity of the Building (e.g., roof, foundation, structural members of the exterior walls), prior to commencing any such repair, Tenant shall provide Landlord with written notice of the necessary repair or maintenance and its employeesa brief summary of the structural component or components of the Building that may be affected by such repair or maintenance. Within ten (10) business days after Landlord's receipt of Tenant's written notice, customers and licensees Landlord shall have the right right, but not the obligation, to use the parking areaselect to cause such repair or maintenance to be performed by Landlord, if anyor a contractor selected and engaged by Landlord, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible for enforcing but at Tenant's parking rights against any third parties. Landlord reserves the right to perform the paving and landscape maintenance, exterior painting, common sewage line plumbing, and care for the grounds around the Building, and Tenant shall be liable for its proportionate share (as defined in subparagraph 4.B above) of the sole cost and expense. The foregoing sentence is not intended to obligate Tenant to pay for repairs or maintenance to those structural items which are Landlord's responsibility pursuant to Paragraph 10 above, but shall only require Tenant to pay for the repair and maintenance to such structural components to the extent such repair or maintenance is necessitated due to the performance of Tenant's repair and maintenance obligations pursuant to this Paragraph 11. (c) Within the fifteen (15) day period prior to the expiration or termination of this Lease, Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that the hot water equipment and the HVAC system are then in good repair and working order. If Tenant fails to perform any repair or any other particular tenant of the Building can be clearly identified as being responsible replacement for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant which it is responsible, or Landlord may perform such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. work and be reimbursed by Tenant shall pay, when due, its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. In the event any such amount is not paid within ten (10) days after the date of Landlord's invoice demand therefor Subject to TenantParagraphs 9 and 15, the unpaid amount Tenant shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees full cost of any repair or replacement to pay Landlord $0.0271 per square foot per month as its estimated share any part of the common area services which are provided by Landlord for the mutual benefit of all tenants, including all expenses incurred by Landlord with respect to the maintenance and operation of the building and/or project of which the Premises are a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic preventive maintenance; parking lot maintenance; pro rata share of the project's common area maintenance and monitoring service; and a management fee equal to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice Building or a rebate for the amount Project that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within thirty (30) days after receipt of such invoice results from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable damage caused by Tenant, hereunderits agents, exceed an aggregate of 5% per year cumulative as calculated on an annual basiscontractors, or invitees and any repair that benefits only the Premises.

Appears in 1 contract

Samples: Lease Agreement (Interphase Corp)

Tenant’s Repairs. A. Landlord shall maintain in good repair and condition all parts of the Premises and the parking areas, driveways, alleys, spur tracks, and landscape and grounds surrounding the Premises. Such maintenance shall be at Tenant's cost and expense except as to those repairs for which Landlord is responsible under Paragraph 10. If Tenant shallleases less than the entire Project, Tenant shall only be responsible for its Proportionate Share of the costs of maintaining any items outside its Premises. Landlord shall at Tenant's expense maintain the heating and air conditioning and other mechanical systems and components of the Premises, including lighting, electrical systems, and plumbing lines and equipment. Tenant shall reimburse Landlord for all such costs and expenses in accordance with the provisions of Paragraph 6 above, except to the extent such repairs and replacements are covered by insurance on the Project under policies naming Landlord as the insured. Landlord may at any time upon Tenant's prior written consent which shall not be unreasonably withheld require Tenant to assume the maintenance and repair obligations set forth in this paragraph as they relate to the Premises. In such case, Tenant, at its own cost and expense, keep shall enter into and maintain deliver to Landlord maintenance service contracts reasonably acceptable to Landlord with a contractor(s) approved by Landlord for hot water, heating and air conditioning, and other mechanical systems and equipment within or serving the Premises. The service and maintenance contract(s) must include all parts services required by Landlord and must become effective within 30 days after Landlord's request. In the event Tenant does not so deliver the service contract(s), Landlord shall have the right to contract for said service upon 48 hours prior written notice to Tenant, and Tenant shall upon demand reimburse Landlord for the full cost thereof. Subject to the provisions of Paragraphs 9 and 15, Tenant shall repair and pay for any damage to the Premises (except those for which Landlord is expressly responsible under or the terms of this lease) in good conditionProject caused by Tenant or Tenant's employees, agents, or invitees, or caused by Tenant's default hereunder, reasonable wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass and plate glass, doors, special store fronts or office entries, interior walls and finish work, B. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or inviteesexcepted. C. Tenant and its employees, customers and licensees shall have the right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord reserves the right to perform the paving and landscape maintenance, exterior painting, common sewage line plumbing, and care for the grounds around the Building, and Tenant shall be liable for its proportionate share (as defined in subparagraph 4.B above) of the cost and expense. If Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay, when due, its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. In the event any such amount is not paid within ten (10) days after the date of Landlord's invoice to Tenant, the unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated share of the common area services which are provided by Landlord for the mutual benefit of all tenants, including all expenses incurred by Landlord with respect to the maintenance and operation of the building and/or project of which the Premises are a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic preventive maintenance; parking lot maintenance; pro rata share of the project's common area maintenance and monitoring service; and a management fee equal to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basis.

Appears in 1 contract

Samples: Lease Agreement (Phase Metrics Inc)

Tenant’s Repairs. A. (a) Tenant shall, shall at its own cost and expense, expenses keep and maintain all parts of the Leased Premises (except those for which Landlord is expressly responsible under the terms of this leaseLease) in good condition, reasonable wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, promptly making all necessary repairs and replacements, including, including but not limited to, windows, glass and plate glass, plate glass doors, any special store fronts or office entriesentry, interior walls and finish work,, floors and floor covering, downspout, gutters, heating and air conditioning systems, lighting, electrical systems, dock boards, truck doors, door bumpers, paving, plumbing lines, equipment, and fixtures, termite and pest extermination, regular removal of trash and debris, including rail spur areas, keeping these areas, parking areas, driveways, alleys and the whole of the Leased Premises in a clean and sanitary condition. B. (b) Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or inviteesinvitee. C. (c) In the event the Leased Premises constitute a portion of a multiple occupancy building, Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible for enforcing Tenant's ’s parking rights against any third parties. Further, in multiple occupancy buildings, Landlord reserves the right to shall perform the paving and landscape maintenance, and reserves the right to perform exterior painting, painting and common sewage line plumbingplumbing which are otherwise Tenant’s obligations under subparagraph (a) above with respect to such items, and Tenant shall be liable for its Pro Rata Share (as defined in Paragraph 5 above) of the cost and expense of the care for the grounds around the Building, including but not limited to the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways, and alleys, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant shall to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be liable for determined by Landlord in its proportionate share (as defined in subparagraph 4.B above) of the cost sole discretion; and expense. If further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay, when due, pay its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause caused to be performed such work. In the event any such amount is not paid within work which sum shall be due and payable ten (10) days after the date receipt of Landlord's invoice to Tenanta statement thereafter. (d) Tenant shall, the unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated share of the common area services which are provided by Landlord for the mutual benefit of all tenantsown costs and expense, including all expenses incurred by Landlord with respect to the maintenance and operation of the building and/or project of which the Premises are enter into a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic regularly scheduled preventive maintenance; parking lot maintenance; pro rata share of /service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment within or exclusively serving the project's common area Leased Premises. The maintenance contractor and monitoring service; the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a management fee equal copy thereof delivered to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord Landlord) within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area the date Tenant takes possession of the Leased Premises and provide for service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual not less than a quarterly basis.

Appears in 1 contract

Samples: Lease Agreement (Sulphco Inc)

Tenant’s Repairs. A. Tenant shall, shall at its own cost and expense, expense keep and maintain all parts of the Premises premises (except those for which Landlord is expressly responsible under the terms of this lease) in good condition, reasonable wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, promptly making all necessary repairs and replacements, including, including but not limited to, windows, glass and plate glass, doors, any special store fronts or office entriesentry, interior walls wells and finish work,, floors and floor covering, downspouts, gutterx, xxating and air conditioning systems, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, termite and pest extermination, regular removal of trash and debris, including rail spur areas, keeping the parking areas, driveways, alleys and the whole of the premises in a clean and sanitary condition, and maintaining any spur tracks serving the premises (Tenant agrees to sign a joint maintenance agreement with the railroad company servicing the premises, if requested by the railroad company), Tenant shall not be obligated to repair any damage caused by fire, tornado or other casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 13 (A) below, except the Tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage. B. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. C. In the event the premises constitute a portion of a multiple occupancy building, Tenant and its employees, customers and licensees shall have the exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. , Landlord shall not be responsible for enforcing Tenant's exclusive parking rights against any third parties. Further, in multiple occupancy buildings, Landlord reserves the right to perform the paving and landscape maintenance, exterior painting, painting and common sewage line plumbing, and care for the grounds around the Buildingplumbing which are otherwise Tenant's obligations under subparagraph A above, and Tenant shall shall, in lieu of the obligations set forth under subparagraph A above with respect to such items, be liable for its proportionate share (as defined in subparagraph 4.B 3 (B) (above) of the cost and expense. If expense of the care for the grounds around the building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, exterior repainting and common sewage line plumbings provided that if Tenant or any other particular tenant of the Building building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. , Tenant shall pay, pay when due, due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. . D. In the event the premises constitute a portion of a multiple occupancy building, Landlord shall have the right to coordinate any repairs and other maintenance of any rail tracks serving or to serve the building, and if Tenant uses such amount is not paid within ten (10) days after the date of Landlord's invoice rail tracks, Tenant shall reimburse Landlord from time to Tenanttime upon demand, the unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated additional rent, for a share of the common area services which are provided by Landlord for the mutual benefit costs of all tenants, including all expenses incurred by Landlord with respect to the such repairs and maintenance and operation of any other sums specified in any agreement to which Landlord is a party respecting such tracks, such share to be a fraction, the building and/or project numerator of which is the Premises are a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspoutsspace contained in the premises, and other parts the denominator of which is the building which require periodic entire space occupied by rail users in the building. E. Tenant shall, at his own cost and expense, enter into a regularly scheduled preventive maintenance; parking lot maintenance; pro rata share of maintenance service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment within the project's common area premises. The maintenance contractor and monitoring service; the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operations/maintenance manual and must become effective (and a management fee equal copy thereof delivered to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord Landlord) within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost the date Tenant takes possession of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basispremises.

Appears in 1 contract

Samples: Lease Agreement (Comfort Systems Usa Inc)

Tenant’s Repairs. A. a. Tenant shall, shall at its own cost and expense, expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this leaseLease) in good condition, reasonable wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, promptly making all necessary repairs and replacements, including, including but not limited to, windows, glass and plate glass, doors, any special store fronts or office entriesentry, interior walls and finish work,, floors and floor covering, heating and air conditioning and ventilation systems, dock boards, truck doors, dock bumpers, plumbing work from the point of connection into the Premises and fixtures, termite and pest extermination, regular removal of trash and debris. Such repairs and replacements may include capital expenditures and repairs whose benefit may extend beyond the Term of this Lease. Tenant shall not be obligated to repair any damage caused by fire, tornado or other casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 12(a) below, except that Tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage. Notwithstanding the foregoing, Landlord shall repair and pay for any damage to any of the foregoing or any other portion of the Project caused by Landlord, or Landlord's employees or agents, or caused by Landlord's default hereunder. B. b. Tenant shall not damage any structural support, columns, foundation or any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall of the foregoing caused by Tenant or its employees, agents or invitees. C. c. Tenant shall, at its own cost and its employeesexpense, customers enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating and licensees shall have air conditioning systems and equipment within the right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenantsPremises. Landlord must approve the maintenance contractor and the contract, which approval shall not be responsible for enforcing unreasonably withheld or delayed. If Landlord has provided operation/maintenance manuals to Tenant's parking rights against any third parties. Landlord reserves , the right service contract must include all routine services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to perform Landlord) within fifteen (15) days after the paving and landscape maintenance, exterior painting, common sewage line plumbing, and care for the grounds around the Building, and Commencement Date of this Lease. d. Tenant shall be liable for its proportionate share operate the Premises in a manner that causes only normal wear and tear on the Premises and all corresponding hot water, heating and air conditioning systems and equipment. e. Landlord shall require that the Contractor (as defined in subparagraph 4.B aboveEXHIBIT D attached hereto) provide all construction warranties for the benefit of the cost both Landlord and expense. If Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional renttheir interests may appear. Tenant shall payprovide Landlord with notice simultaneously with Tenant's demand to the company or individual that issued the warranty of any claim made by Tenant relating to any construction warranty. Tenant may, when due, its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. In the event any such amount is not paid within after ten (10) days after prior written notice to Landlord, enforce any such warranty directly against the date contractor, provided (i) such action shall relieve Landlord of any responsibility for the repair to the extent same is covered by such warranty or for any worsened condition that arises due to Tenant's acts or omissions and (ii) Tenant may only enforce warranties that cover items for which Tenant is responsible under this Lease (for example and without limitation, Tenant shall not be permitted to enforce the roof warranty but shall be permitted to enforce the HVAC warranty). f. The repairs required by this Section 6 are not Operating Expenses under this Lease and, accordingly, the cost of same shall never be included in Controllable Operating Expenses and shall not be subject to the cap on Controllable Operating Expenses. If Landlord performs any of the repairs required by this Section 6 at the request of Tenant or upon the failure of Tenant to do so, Tenant shall reimburse Landlord for such costs within forth-five (45) days of Tenant's receipt of Landlord's invoice to Tenant, the unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated share statement of the common area services which are provided by Landlord for the mutual benefit of all tenants, including all expenses incurred by Landlord with respect to the maintenance and operation of the building and/or project of which the Premises are a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic preventive maintenance; parking lot maintenance; pro rata share of the project's common area maintenance and monitoring service; and a management fee equal to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basiscosts thereof.

Appears in 1 contract

Samples: Lease Agreement (Carter Holdings Inc)

Tenant’s Repairs. A. Tenant shall, at its own shall be responsible for and shall bear the full cost of all maintenance and expense, keep and maintain all parts repairs (but not replacement) of the demised Premises, including, without limitation, all roof repairs, all heating and cooling systems, all plumbing and electrical systems and fixtures, replacement of glass, and all other necessary measures to maintain the Premises (except those for which Landlord is expressly responsible in a clean and safe condition. Tenant shall have the benefit under any of Landlord’s warranties covering the terms of this lease) in good condition, reasonable wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, promptly making all necessary repairs and replacements, Premises including, but not limited to, windowsroof repairs, glass heating and plate glasscooling systems and electrical fixtures. In such regard, doorsLandlord will assist Tenant, special store fronts if necessary, in enforcing such warranties. All mechanical systems shall be placed into good working order and the roof shall be inspected and rendered watertight by Landlord prior to acceptance by Tenant but no later than December 1, 2009. Tenant will surrender the Premises at the expiration of the term or office entriesat such other time as it may vacate the Premises in as good condition as when received, interior walls excepting depreciation caused by ordinary wear and finish work, B. tear and damage by casualty (other than such damage by casualty which is caused by the negligence of Tenant, its agents, officers, employees, contractors, licensees or invitees and which is not wholly covered by Tenant’s hazard insurance policy). Tenant shall will not damage any demising wall overload the electrical wiring serving the Premises or disturb within the integrity Premises and support provided by any demising wall and shall, will install at its sole cost and expense, promptly repair expense any additional electrical wiring which may be required in connection with Tenant’s apparatus. Any damage or injury sustained by any person because of mechanical, electrical, plumbing or any other equipment or installations, whose maintenance and repair shall be the responsibility of Tenant shall be paid for by Tenant, and Tenant hereby agrees to indemnify and hold Landlord harmless from and against all claims, actions, damages and liability in connection therewith, including, but not limited to attorney’s and other professional fees and any demising wall caused by Tenant other cost which Landlord might reasonably incur if such damage or injury was due to the negligence of Tenant, its employees, agents contractors, agents, or invitees. C. Tenant . Maintenance and its employeesrepair of equipment such as, customers and licensees shall have the right to use the parking areasspecial air conditioning equipment, if anyprivate bathroom fixtures, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord reserves the right to perform the paving and landscape maintenance, exterior painting, common sewage line plumbing, and care for the grounds around the Building, and Tenant shall be liable for its proportionate share (as defined in subparagraph 4.B above) of the cost and expense. If Tenant or any other particular type of special equipment together with related plumbing or electrical services, whether installed by tenant of the Building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay, when due, its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. In the event any such amount is not paid within ten (10) days after the date of Landlord's invoice to Tenant, the unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated share of the common area services which are provided by Landlord for the mutual benefit on behalf of all tenants, including all expenses incurred by Landlord with respect to the maintenance and operation of the building and/or project of which the Premises are a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic preventive maintenance; parking lot maintenance; pro rata share of the project's common area maintenance and monitoring service; and a management fee equal to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis sole responsibility of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basis.

Appears in 1 contract

Samples: Lease Agreement (First West Virginia Bancorp Inc)

Tenant’s Repairs. A. Tenant shallSubject to the provisions regarding fire and other casualty losses set forth in Section 17 hereof, Tenant, at its own cost and expense, shall (i) keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this leaseincluding all Tenant Alterations) in good conditionorder, reasonable wear repair and tear excepted - See Xxxxxxx "X"condition at all times during the Term, xxxxxxxxx 00.x(ii) promptly and adequately repair all damage to the Premises, promptly making all necessary repairs including damage to interior windows and replacements, including, but not limited to, windows, glass and plate glass, doors, special store fronts or office entries, interior walls and finish work, B. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall portion of the Building air conditioning, heating, electrical and plumbing systems which (i) are Tenant Repair Items, as defined below, or (ii) are caused by Tenant or its employeescontractors, agents agents, employees or invitees. C. invitees and (iii) keep the Warehouse Space in a clean condition according to the applicable Laws (collectively, the “Maintenance Activities”). As used herein, “Tenant Repair Items” shall mean any and all air conditioning, mechanical systems, heating, electrical and plumbing systems installed by Tenant. Tenant shall give prompt notice to Landlord of any material repair, maintenance or replacement items required under this Section 9(b). All work with respect to any such maintenance, repair or replacement shall be performed within a reasonable period after the need for such action arises and shall be subject to the provisions of Section 14 hereof. Any additional or required special cleaning (i.e. other than the services expressly provided in Section 8(a)(iii)) and any cleaning or janitorial services to the Warehouse Space is the sole responsibility and shall be at the sole cost of the Tenant, provided that Tenant must utilize Landlord’s designated cleaning vendors in connection with such special cleaning pursuant to a separate agreement between Tenant and its employees, customers and licensees shall have the right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord reserves the right to perform the paving and landscape maintenance, exterior painting, common sewage line plumbing, and care for the grounds around the Building, and Tenant shall be liable for its proportionate share (as defined in subparagraph 4.B above) of the cost and expensevendors. If Tenant has not made or any other particular tenant of the Building can be clearly identified as being responsible for obstructions commenced making If Tenant has not made such repairs promptly (or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay, when due, its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses immediately in the event of an emergency), Landlord elects (or Xxxxxxxx’s property manager) may, upon prior reasonable written notice to perform or cause to be performed such work. In Tenant (except in the event any of an emergency when no such amount is not paid within ten (10) days after the date of Landlord's invoice notice shall be required), in its sole discretion, elect to Tenanteffect such repairs, the unpaid amount and, in such case, Tenant shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated share of (or Landlord’s property manager) the common area services which are provided by Landlord for the mutual benefit of all tenants, including all expenses incurred by Landlord with respect to the maintenance cost thereof plus a coordination and operation of the building and/or project of which the Premises are a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic preventive maintenance; parking lot maintenance; pro rata share of the project's common area maintenance and monitoring service; and a management fee equal to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within thirty ten percent (3010%) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretioncost, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basissuch party’s written demand.

Appears in 1 contract

Samples: Office Lease Agreement (Cambium Networks Corp)

Tenant’s Repairs. A. a) Tenant shall, shall at its own cost and expense, expense keep and maintain all parts of the Premises premises (except those for which Landlord is expressly responsible under the terms of this lease) in good condition, reasonable wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, promptly making all necessary repairs and replacements, including, including but not limited to, windows, glass and plate glass, doors, any special store fronts or office entriesentry, interior walls and finish work,, floors and floor covering, downspouts, gutters, heating and air conditioning systems, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, termite and pest extermination, regular removal of trash and debris, keeping the parking areas, driveways, alleys and the whole of the premises in a clean and sanitary condition. Tenant shall not be obligated to repair any damage caused by fire, tornado or other casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 12(a) below, except that Tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage. B. b) Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant tenant or its employees, agents or invitees. C. c) In the event the premises constitute a portion of a multiple occupancy building, Tenant and its employees, customers and licensees shall have the exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible for enforcing Tenant's exclusive parking rights against any third parties. Landlord reserves the right to perform the paving and landscape maintenanceFurther, exterior paintingin multiple occupancy buildings, common sewage line plumbing, and care for the grounds around the Building, and Tenant shall be liable for its proportionate share (as defined in subparagraph 4.B above) of the cost and expense. If if Tenant or any other particular tenant of the Building building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay, pay when due, due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. In . e) Tenant shall, at its own cost and expense will maintain hot water, heating and air conditioning systems and equipment within the event any such amount is not paid within ten (10) days after the date of Landlord's invoice to Tenant, the unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated share of the common area services which are provided by Landlord for the mutual benefit of all tenants, including all expenses incurred by Landlord with respect to the maintenance and operation of the building and/or project of which the Premises are a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic preventive maintenance; parking lot maintenance; pro rata share of the project's common area maintenance and monitoring service; and a management fee equal to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basispremises.

Appears in 1 contract

Samples: Lease Agreement (Tekgraf Inc)

Tenant’s Repairs. A. Tenant shall, shall at its own cost and expense, expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this leaseLease) in good condition, reasonable wear and tear excepted - See Xxxxxxx "X", xxxxxxxxx 00.x, promptly making all necessary repairs and replacementsrepairs, including, including but not limited to, windows, glass and plate glass, doors, any special store fronts or office entriesentry, interior walls and finish work,, floors and floor covering, downspouts, gutters, the heating, ventilating and air- conditioning systems of the Premises, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, termite and pest extermination, regular removal of trash and debris directly related to the Premises. As provided in Section 6(D) below, Landlord shall pay, but Tenant shall reimburse Landlord for Tenant's proportionate share of the costs of regular mowing of any grass, trimming, utilities relating to common areas, weed removal and general landscape maintenance, keeping and repairing the parking areas, driveways and alleys, management fees (provided that management fees shall in no event exceed four percent (4%) of Landlord's rental income from the project in which the Premises are located in any lease year), security, common area utilities, and maintenance (except as noted in Paragraph 5), said expenses in the aggregate being referred to as "Operating Costs." Tenant shall not be obligated to repair any damage caused by fire, tornado or other casualty. B. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or authorized invitees. C. In the event the Premises constitute a portion of a multiple occupancy building, Tenant and its employees, customers and licensees shall have the right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord agrees that at no time during any term of this Lease shall not there be responsible less than the parking spaces shown on Exhibit "F" hereofavailable for enforcing use by Tenant, its employees, agents, contractors and guests. Landlord shall use reasonable efforts in good faith to enforce Tenant's parking rights against any third parties. . D. Landlord reserves the right to perform the paving repair (but not replacement) and landscape maintenance, exterior painting, painting and common sewage line plumbingplumbing and any other work, the cost of which are hereby called Operating Costs and care for the grounds around the Buildingwhich would otherwise be Tenant's obligations under subparagraph (A) above, and Tenant shall shall, in lieu of the obligations set forth under subparagraph (A) above with respect to such items, be liable for its proportionate share share, in the use of a multiple tenancy building, (as defined in subparagraph 4.B 4(B) above) of the cost Operating Cost and expense. If provided that if Tenant or any other particular tenant of the Building building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. ; provided, however, that Tenant shall pay, when due, its share, determined as aforesaid, of have no obligation to pay any cost related to such costs obstruction or stoppage unless Tenant has received at least three(3) business days written notice and expenses along with opportunity to begin diligently to pursue the other tenants of cure thereof (or to demonstrate that such obstruction or stoppage has not been caused by Tenant) and provided that in an emergency situation the building foregoing provision shall not be deemed to prevent Landlord from promptly causing such obstruction or blockage to repaired. Thereafter Tenant shall pay to Landlord upon demand, as additional rent, monthly 1/12 of an amount of money equal to Tenant's proportionate share of Operating Costs for the preceding lease year. If actual Operating Costs for the preceding year exceed the amount of its share estimated Operating Costs paid monthly by Tenant, as aforesaid stated above, then on or before sixty (60) days following the annual reconciliation of expenses by Landlord (which reconciliation will be provided on Tenant's request) and the billing of such costs and expenses in expenses, Tenant shall pay such excess amount to Landlord. If the event Landlord elects to perform amount of estimated Operating Costs paid monthly by the Tenant, as stated above, exceed actual Operating Costs, then on or cause to be performed such work. In the event any such amount is not paid within ten before sixty (1060) days after following the date annual reconciliation of expenses by Landlord's invoice , Landlord shall pay such excess amount to TenantTenant or credit said amount against future base rent next payable under this Lease. E. Tenant shall, the unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. 7. COMMON AREA MAINTENANCE * A. Tenant agrees to pay Landlord $0.0271 per square foot per month as its estimated share of the common area services which are provided by Landlord for the mutual benefit of all tenantsown cost and expense, including all expenses incurred by Landlord with respect to the maintenance and operation of the building and/or project of which the Premises are enter into a part. These services may include, but are not limited to, general landscaping, mowing of grass, care of shrubs (including replacement of expired plants); operation and maintenance of lawn sprinkler system; operation and maintenance of exterior lighting; water service and sewer charges; repainting of exterior surfaces of truck doors, handrails, downspouts, and other parts of the building which require periodic regularly scheduled preventive maintenance; parking lot maintenance; pro rata share of /service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment within the project's common area Premises. The maintenance contractor and monitoring service; the contract must be approved, in writing, by Landlord. The service contract must include all services reasonably suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a management fee equal copy thereof delivered to 3% of the gross rental due under this lease, payable monthly. * SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF B. The actual cost of these services, other than Tenant's management fee, shall be prorated among tenants on the basis of square footage occupied in the same manner as provided in subparagraph 4.B above. Landlord shall send Tenant an annual statement of actual common area service costs, along with either an invoice or a rebate for the amount that Tenant's actual proportionate share exceeded or was less than Tenant's $0.0271 per square foot per month common area service payment for the year then ended. Tenant agrees to reimburse Landlord Landlord) within thirty (30) days after receipt of such invoice from Landlord. Subject to Landlord's reasonable discretion, this monthly common area service charge may be renegotiated periodically based upon increases in Landlord's annual cost the date Tenant takes possession of providing these services, provided, however, that at no time during the term of this lease shall an increase, if any, in the monthly common area service charge payable by Tenant, hereunder, exceed an aggregate of 5% per year cumulative as calculated on an annual basisPremises.

Appears in 1 contract

Samples: Lease Agreement (Bway Corp)

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