Tenant’s Responsibilities. Pursuant to NRS 108.234, Landlord hereby informs Tenant that Tenant must comply with the requirements of NRS 108.2403 and NRS 108.2407. Tenant shall take all actions necessary under Nevada law to ensure that no liens encumbering Landlord's interest in the Property arise as a result of any work performed by or arranged to be performed by Tenant on the Premises or the Property ("Tenant Improvement Work"), including, without limitation, the recording of a notice of posted security in the Official Records of Xxxxx County, Nevada, in accordance with NRS 108.2403 and either (i) establish a construction disbursement account pursuant to NRS 108.2403(1)(b)(1) or (ii) furnish and record, in accordance with NRS 108.2403(1)(b)(2), a surety bond for the prime contract for any Tenant Improvement Work at the Premises that meets the requirements of NRS 108.2415. The name and address of Tenant's prime contractor who will be performing the Tenant Improvement Work will be provided to Landlord for Landlord's approval prior to the commencement of any of the Tenant Improvement Work, which approval shall not be unreasonably withheld. Tenant shall notify Landlord immediately upon the signing of any contract with the prime contractor for the construction, alteration or repair of any portion of the Premises or Tenant's improvements to the Premises. Tenant may not enter the Premises to begin initial construction on Tenant's improvements or begin any Alteration or other work in the Premises until Tenant has delivered evidence satisfactory to Landlord that Tenant has complied with the terms of this Section 8.3. Failure by Tenant to comply with the terms of this Section 8.3 shall permit Landlord to declare Tenant in default without benefit of any notice and cure periods. In accordance with NRS 108.234(2), Tenant agrees that Landlord's interest in the Premises and the Property shall not be subject to, and shall be immune from, the attachment of any lien arising as a result of the Tenant Improvement Work, including any improvement, construction, alteration or repair in the Premises by Tenant, if Landlord, within three (3) days after obtaining knowledge of the construction, alteration or repair, or the intended construction, alteration or repair, gives notice that Landlord will not be responsible for the improvement by recording a notice in writing to that effect with the Official Records of Xxxxx County, Nevada ("Notice of Nonresponsibility" ) in the form of Exhibit B attached hereto. The Notice of Nonresponsibility shall be deemed timely recorded within three (3) days immediately following the effective date of the Lease or by the date of the execution of this Lease by all parties, whichever occurs first. Each Notice of Nonresponsibility recorded pursuant to NRS 108.234 shall set forth the information required in NRS 108.234(3) and shall be served by personal delivery or by certified mail, return receipt requested (1) upon Tenant within ten (10) days after the date on which the Notice of Nonresponsibility is recorded and (2) upon the prime contractor within ten (10) days after the date on which Tenant contracts with the prime contractor for the construction, alteration or repair of the work of improvement.
Appears in 2 contracts
Samples: Lease Agreement (Lawson Products Inc/New/De/), Real Estate Sales Contract (Lawson Products Inc/New/De/)
Tenant’s Responsibilities. Pursuant to NRS 108.234Tenant shall at its own expense and in accordance with Exhibit “C”:
(a) Secure all permits and licenses necessary for the construction of any of its installations and the prosecution of its work, Landlord hereby informs and Tenant that Tenant must shall comply with all Requirements relating to the requirements conduct of NRS 108.2403 said work.
(b) Construct the remainder of the Premises and NRS 108.2407installations therein and construct the balance of the leasehold improvements necessary to enable Tenant to occupy the Premises as shown in Tenant’s plans and specifications as approved by Landlord or Landlord’s architect under Section 7.1, all in a good and workmanlike manner and in compliance with all Requirements pertaining to the Premises or Tenant’s use thereof, and including but not limited to the completion of all work necessary to prepare the Premises to the current store prototype, all in accordance with Landlord’s design criteria for the Shopping Center, the Exhibits, and plans approved by Landlord. Tenant shall take all actions necessary under Nevada law Notwithstanding any other provision hereof, any installation to ensure that no liens encumbering Landlord's interest in the Property arise as a result of any be made or work performed by or arranged to be performed by Tenant on or for the Premises prior to opening the Premises for business shall be first approved in writing by Landlord prior to commencement of any work by Xxxxxx. Xxxxxxxx’s approval of any plans for Xxxxxx’s work shall, however, create no responsibility or liability on the Property part of Landlord for their completeness, design sufficiency or compliance with all Requirements. Impossible Kicks – Grand Canal Shoppes – 2065 – Retail Lease 2/6/2023 ("NL) (kb)
(c) Obtain on behalf of itself, or any of its contractors or subcontractors, all insurance protection required by Landlord in Exhibit “C”.
(d) Install equipment and appliances in said construction and all trade fixtures installed shall be new and first quality items.
(e) If Xxxxxxxx performs any work at the request of Tenant Improvement Work")which is Xxxxxx’s responsibility hereunder, including, without limitation, the recording of a notice of posted security in the Official Records of Xxxxx County, Nevada, in accordance with NRS 108.2403 and either (i) establish a construction disbursement account pursuant to NRS 108.2403(1)(b)(1) or (ii) furnish and record, in accordance with NRS 108.2403(1)(b)(2), a surety bond Landlord shall xxxx Xxxxxx for the prime contract for any costs thereof and Tenant Improvement Work shall pay such costs to Landlord no later than thirty (30) days following receipt of Landlord’s billing.
(f) Landlord may require Tenant, at Xxxxxx’s sole cost and expense, to furnish a bond or other security satisfactory to Landlord to assure diligent and faithful performance of all work to be performed by Xxxxxx. Tenant shall satisfy the Premises that meets foregoing obligations by tendering the Construction Deposit required by Section N.1. of EXHIBIT C, and by complying with the requirements of NRS 108.2415ARTICLE XXVIII of this Lease. The name foregoing shall be completed by and address of Tenant's prime contractor who will be performing the Tenant Improvement Work will be provided to Landlord for Landlord's approval prior to the commencement of any of the Tenant Improvement Work, which approval shall not be unreasonably withheld. Tenant shall notify Landlord immediately upon open for business no later than the signing of any contract with the prime contractor for the construction, alteration or repair of any portion of the Premises or Tenant's improvements to the Premises. Tenant may not enter the Premises to begin initial construction on Tenant's improvements or begin any Alteration or other work in the Premises until Tenant has delivered evidence satisfactory to Landlord that Tenant has complied with the terms of this Section 8.3. Failure by Tenant to comply with the terms of this Section 8.3 shall permit Landlord to declare Tenant in default without benefit of any notice and cure periods. In accordance with NRS 108.234(2), Tenant agrees that Landlord's interest in the Premises and the Property shall not be subject to, and shall be immune from, the attachment of any lien arising as a result of the Tenant Improvement Work, including any improvement, construction, alteration or repair in the Premises by Tenant, if Landlord, within three (3) days after obtaining knowledge of the construction, alteration or repair, or the intended construction, alteration or repair, gives notice that Landlord will not be responsible for the improvement by recording a notice in writing to that effect with the Official Records of Xxxxx County, Nevada ("Notice of Nonresponsibility" ) in the form of Exhibit B attached hereto. The Notice of Nonresponsibility shall be deemed timely recorded within three (3) days immediately following the effective date of the Lease or by the date of the execution of this Lease by all parties, whichever occurs first. Each Notice of Nonresponsibility recorded pursuant to NRS 108.234 shall set forth the information required in NRS 108.234(3) and shall be served by personal delivery or by certified mail, return receipt requested (1) upon Tenant within ten (10) days after the date on which the Notice of Nonresponsibility is recorded and (2) upon the prime contractor within ten (10) days after the date on which Tenant contracts with the prime contractor for the construction, alteration or repair of the work of improvementRent Commencement Date.
Appears in 1 contract
Tenant’s Responsibilities. Pursuant (a) Tenant shall at all times keep the Leased Premises (including maintenance of exterior entrances, all glass and show window moldings) and all partitions, doors, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures, escalators, elevators and any air-conditioning system) and the surface and landscaping of the Access Tract, in good order, condition and repair (including reasonably periodic painting). If Landlord shall be required to NRS 108.234make any repairs or restoration by reason of Tenant’s negligent acts or omission to act, Landlord hereby informs may add the cost of such repairs to the rent which shall thereafter become due.
(b) In pursuance of its obligation of maintenance, Tenant that Tenant must comply with agrees: to keep the requirements inside and outside of NRS 108.2403 and NRS 108.2407. Tenant shall take all actions necessary under Nevada law to ensure that no liens encumbering Landlord's interest glass in the Property arise as doors and windows of the Leased Premises clean; to keep all exterior surfaces of the Leased Premises clean; to replace promptly at its own expense with glass of like kind and quality any plate glass or window glass of the Leased Premises which may become cracked or broken; not to place or maintain any merchandise or other articles in the vestibule or entry of the Leased Premises or on the footwalk adjacent thereto or elsewhere on the exterior thereof; to maintain the Leased Premises at its own expense in a result clean, orderly and sanitary condition and free of insects, rodents, vermin and other pests; not to permit undue accumulations of garbage, trash, rubbish and other refuse, to remove the same at its own expense and to keep such refuse in proper containers (or trash room maintained by Tenant) on the interior of the Leased Premises until called for to be removed; not to use or permit the use of any work performed by apparatus for sound reproduction or arranged to be performed by Tenant on the Premises transmission or the Property ("Tenant Improvement Work"), including, without limitation, the recording of a notice of posted security in the Official Records of Xxxxx County, Nevada, in accordance with NRS 108.2403 and either (i) establish a construction disbursement account pursuant to NRS 108.2403(1)(b)(1) or (ii) furnish and record, in accordance with NRS 108.2403(1)(b)(2), a surety bond for the prime contract for any Tenant Improvement Work at the Premises that meets the requirements of NRS 108.2415. The name and address of Tenant's prime contractor who will be performing the Tenant Improvement Work will be provided to Landlord for Landlord's approval prior to the commencement of any musical instrument in such a manner as to create a nuisance; to keep all mechanical apparatus free of vibration and noise which may be transmitted beyond the confines of the Tenant Improvement Work, which approval shall Leased Premises; not to cause or permit objectionable odors to emanate or be unreasonably withheld. Tenant shall notify Landlord immediately upon dispelled from the signing of any contract with the prime contractor for the construction, alteration or repair of any portion of the Premises or Tenant's improvements to the Leased Premises. Tenant may not enter the Premises to begin initial construction on Tenant's improvements or begin any Alteration or other work in the Premises until Tenant has delivered evidence satisfactory to Landlord that Tenant has complied with the terms of this Section 8.3. Failure by Tenant ; to comply with the terms of this Section 8.3 shall permit Landlord to declare Tenant in default without benefit regulations of any notice and cure periods. In accordance with NRS 108.234(2)federal, Tenant agrees that Landlord's interest state, municipal or other public authority having jurisdiction in the Leased Premises and the Property shall not be subject tosurrounding waters, and shall be immune from, the attachment all recommendations of any lien arising as a result public or private agency having authority over insurance rates with respect to the use or occupancy of the Tenant Improvement Work, including any improvement, construction, alteration or repair in the Leased Premises by Tenant; not to park, if and to require its employees to refrain from parking, any vehicle on Landlord’s land except in such places as may be designated by Landlord for the use of Tenant and its employees; not to overload the electric wiring serving the Leased Premises or within the Leased Premises and to install at its own expense, but only after obtaining Landlord’s written approval, any electric wiring which may be required in connection with Tenant’s apparatus; to repair promptly at its own expense any damage to the Leased Premises regardless of fault or by whom such damage shall be caused, unless caused by Landlord, within three (3) days after obtaining knowledge its agents, employees or contractors; in case of default of any such repairs by Tenant, Landlord may make the construction, alteration or repair, or same and Tenant agrees to pay the intended construction, alteration or repair, gives notice that cost thereof to Landlord will not be responsible for the improvement by recording a notice in writing promptly upon Landlord’s demand therefor; and to that effect with the Official Records of Xxxxx County, Nevada ("Notice of Nonresponsibility" ) conduct its business in the form Leased Premises in all respects in a dignified manner and in accordance with high standards of Exhibit B attached hereto. The Notice of Nonresponsibility shall be deemed timely recorded within three (3) days immediately following the effective date of the Lease or by the date of the execution of this Lease by all parties, whichever occurs first. Each Notice of Nonresponsibility recorded pursuant operations; and to NRS 108.234 shall set forth the information required in NRS 108.234(3) and shall be served by personal delivery or by certified mail, return receipt requested (1) upon Tenant within ten (10) days after the date on which the Notice of Nonresponsibility is recorded and (2) upon the prime contractor within ten (10) days after the date on which Tenant contracts comply with the prime contractor for the construction, alteration or repair of the work of improvementSection 7.4 hereof.
Appears in 1 contract
Samples: Lease (Isle of Capri Casinos Inc)
Tenant’s Responsibilities. Pursuant to NRS 108.2347.1 The Tenant should promptly pay the rent, Landlord hereby informs Tenant that Tenant must comply deposit and other charges as set out in Clauses 3, 4 and 5 of the Agreement. Non-payment of these charges constitutes a breach of this Agreement.
7.2 During the period of the Tenancy, unless with the requirements written agreement of NRS 108.2403 and NRS 108.2407. the Landlord, the Tenant shall take all actions necessary under Nevada law to ensure that no liens encumbering Landlord's interest not assign, transfer, sub-let, let or part with the possession in part or in full of the Premises. Landlord has right taken back the property any time and stops the leasing contract.
7.3 The Tenant shall during the Term of Tenancy keep the interior of the Premises in good and tenantable repair and condition (fair wear and tear and damage caused by inherent defect excepted) and shall deliver up vacant possession of the Premises in the Property arise as a result of any work performed by or arranged to be performed by Tenant same repair and condition on the Premises expiration or the Property ("sooner determination of this tenancy. Otherwise Tenant Improvement Work"), including, without limitation, the recording of a notice of posted security in the Official Records of Xxxxx County, Nevada, in accordance with NRS 108.2403 and either (i) establish a construction disbursement account pursuant to NRS 108.2403(1)(b)(1) or (ii) furnish and record, in accordance with NRS 108.2403(1)(b)(2), a surety bond for the prime contract for any Tenant Improvement Work at the Premises that meets the requirements of NRS 108.2415. The name and address of Tenant's prime contractor who will be performing the Tenant Improvement Work will be provided should pay compensation to Landlord for Landlord's approval prior his improper use of the property.
7.4 The Tenant shall indemnify the Landlord for any loss or damage to the commencement Premises from negligent act or omission of Tenant or any officer, director, employee, guest, visitor, servant, contractor, agent, licensee or invitee of Tenant (each referred to hereinafter individually as an “Associate”). For the purpose of this Agreement any act, default, neglect or omission of any Associate of the Tenant Improvement Workshall be deemed to be the act, default, neglect or omission of the Tenant.
7.5 The Tenant shall permit Landlord or his authorized representatives, at reasonable time with an advance notice, to enter the Premises to repair any such loss or damage. During the last month of the Tenancy, Landlord has the right to show the Premises with reasonable notice advance to prospective tenants or purchasers, unless according to clause 2.2, the Tenant has informed Landlord of its intention to renew the Tenancy.
7.6 The Tenant shall not make any alteration and / or additions to the Premises, erect, install or remove any fixtures or partitioning, or make any structural additions and/or alternations nor affix or display any signboard or other device at the exterior of the Premises without the prior written consent of Landlord, which approval consent shall not be unreasonably withheld. .
7.7 The Tenant shall notify Landlord immediately upon pay and discharge punctually in respect of water, electricity, gas, telephone and other similar fees, charges and expenses payable (if any) incurred by Tenant at the signing Premises which are not included in the rental.
7.8 The Tenant shall comply with all laws, regulations and rules of any contract with and shall observe and perform the prime contractor for the constructioncovenants, alteration or repair of any portion terms and conditions of the Premises or Tenant's improvements Deed of Mutual Covenant and Sub-Deed of Mutual Covenant (if any) relating to the Premises. The Tenant may shall not enter contravene any negative or restrictive covenants contained in the Government Lease(s) under which the Premises are held from the Government, and specifically not to permit or allow the Premises to begin initial construction be used for any purpose that is unlawful or immoral.
7.9 A written notice served by the Landlord on Tenant's improvements the Tenant in manner hereinafter mentioned to the effect that the Landlord thereby exercises the power of re- entry herein contained shall be a full and sufficient exercise of such power without actual physical entry on the part of the Landlord.
7.10 The Tenant shall not use or begin permit or suffer the said Premises or any Alteration part thereof to be used as sleeping quarters or other work as domestic premises within the meaning of any law for the time being in force nor to allow any person to remain on the Premises until Tenant has delivered evidence satisfactory to Landlord that Tenant has complied said premises overnight unless with the terms of this Section 8.3. Failure by Tenant to comply with the terms of this Section 8.3 shall permit Landlord to declare Tenant in default without benefit of any notice and cure periods. In accordance with NRS 108.234(2), Tenant agrees that Landlord's interest prior permission in the Premises and the Property shall not be subject to, and shall be immune from, the attachment of any lien arising as a result of the Tenant Improvement Work, including any improvement, construction, alteration or repair in the Premises by Tenant, if Landlord, within three (3) days after obtaining knowledge of the construction, alteration or repair, or the intended construction, alteration or repair, gives notice that Landlord will not be responsible for the improvement by recording a notice in writing to that effect with the Official Records of Xxxxx County, Nevada ("Notice of Nonresponsibility" ) in the form of Exhibit B attached hereto. The Notice of Nonresponsibility shall be deemed timely recorded within three (3) days immediately following the effective date of the Lease or by the date of the execution of this Lease by all parties, whichever occurs first. Each Notice of Nonresponsibility recorded pursuant to NRS 108.234 shall set forth the information required in NRS 108.234(3) and shall be served by personal delivery or by certified mail, return receipt requested (1) upon Tenant within ten (10) days after the date on which the Notice of Nonresponsibility is recorded and (2) upon the prime contractor within ten (10) days after the date on which Tenant contracts with the prime contractor for the construction, alteration or repair of the work of improvementwriting.
Appears in 1 contract
Samples: Tenancy Agreement
Tenant’s Responsibilities. Pursuant Except as expressly provided in Paragraph 10.1 above, and subject to NRS 108.234the provisions of Paragraphs 15 and 16 hereof and excluding any repairs to the Building Structure, roof membrane, Building Systems or elevators (unless such repairs to the Building Structure, Building Systems or elevators, are required to repair any damage caused by the negligence or willful misconduct of Tenant or any Tenant Related Party or any breach of Tenant’s obligations under this Lease, in which event Tenant shall perform such repairs at Tenant’s sole cost and expense to the extent not covered by insurance proceeds received therefor by Landlord or, at Landlord’s election, Landlord hereby informs Tenant that Tenant must comply with shall undertake such repairs to the requirements of NRS 108.2403 Building Structures, Building Systems or elevators, as applicable, and NRS 108.2407. Tenant shall take all actions necessary under Nevada law reimburse Landlord for the repair costs paid or actually incurred by Landlord (less any insurance proceeds received by Landlord allocable to ensure that no liens encumbering such damage) within thirty (30) days following receipt of an invoice and reasonable back-up documentation evidencing such repair costs incurred or paid by Landlord's interest ), Tenant shall, at its sole cost, maintain, repair and replace, if necessary, the Premises and every part thereof, including without limitation, the lavatories inside the Premises, the interior windows, door frames, appliances, interior glass (if any), doors, door closures and related hardware, interior walls and partitions, Tenant’s fixtures (and as to Tenant’s property and fixtures, only to the extent desired by Tenant in its discretion), fire extinguisher equipment and other equipment installed in the Property arise as Premises by Tenant or any of the Tenant Related Parties and all Alterations constructed by or on behalf of Tenant pursuant to Paragraph 13 below, together with any supplemental HVAC equipment installed by or on behalf of Tenant serving the Premises, or applicable part thereof, in good order, condition and repair. With respect to any supplemental HVAC equipment installed by or on behalf of Tenant serving the Premises, or applicable part thereof, Tenant shall contract with a result licensed HVAC contractor to inspect and service such supplemental HVAC contract, which contract shall provide for the periodic inspection and servicing of any the HVAC equipment at least once every ninety (90) days during the Lease Term, and Tenant shall provide Landlord with inspection reports no more than thirty (30) days after each quarterly inspection and servicing. All repairs and other work performed by Tenant and/or its contractors shall be subject to the terms of Paragraphs 13 and 17 below. For avoidance of doubt, except for, or arranged to be performed by Tenant on the Premises or the Property with respect to, any Alterations ("Tenant Improvement Work"), including, without limitation, the recording of a notice of posted security Rooftop Equipment) or Initial Improvements installed, or caused to be installed, by Tenant or any Tenant Related Parties in the Official Records Premises (including, without limitation, any wiring or cabling installed, or caused to be installed, by Tenant in any chasers, risers or conduit in the Building), Tenant shall have no obligation to maintain or repair any improvements located below the floors or above the ceiling of Xxxxx Countythe Premises. If Tenant fails to make repairs or perform maintenance, Nevadarepair or replacement work, as the case may be, required of Tenant hereunder within thirty (30) days after written notice from Landlord specifying the need for such repairs, maintenance or replacement work (provided if Tenant reasonably requires more than 30 days to complete such repairs, maintenance or replacement, then Tenant shall only be required to commence said work within said 30 days and thereafter diligently proceed to completion in a commercially reasonable manner), Landlord or Landlord’s agents or designated contractors may, in accordance addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs or replacements, as needed, and/or perform such maintenance work. If Landlord makes such repairs or replacements and/or performs such maintenance work, Tenant shall reimburse Landlord within thirty (30) days after receipt of an invoice and reasonable back-up documentation with NRS 108.2403 respect thereto and either (i) establish a construction disbursement account pursuant to NRS 108.2403(1)(b)(1) or (ii) furnish and recordas Additional Rent, in accordance with NRS 108.2403(1)(b)(2), a surety bond for the prime contract for actual and reasonable cost of such repairs, replacements and/or maintenance work. Landlord shall use reasonable efforts to avoid causing any inconvenience to Tenant Improvement Work at the Premises that meets the requirements of NRS 108.2415. The name and address of Tenant's prime contractor who will be performing the Tenant Improvement Work will be provided to Landlord for Landlord's approval prior to the commencement of any of the Tenant Improvement Work, which approval shall not be unreasonably withheld. Tenant shall notify Landlord immediately upon the signing of any contract or interference with the prime contractor for the construction, alteration or repair of any portion use of the Premises by Tenant or Tenant Related Parties during the performance of any such repairs, replacements or maintenance. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or any Tenant Related Parties as a result of Landlord performing any such maintenance, repairs or replacements (except to the extent arising out of the gross negligence or willful misconduct of Landlord or that of its agents, employees or contractors but subject to the limitations contained in Section 8.7); nor shall any related activity by Landlord constitute an actual or constructive eviction; provided, however, in making repairs, alterations or improvements, Landlord shall take reasonable steps, to the extent practicable under the circumstances, to minimize interference with the conduct of Tenant's improvements to ’s business in the Premises. Tenant may shall reimburse Landlord, on demand and as Additional Rent, to the extent not enter covered by insurance proceeds payable to Landlord, for the Premises cost of repair of damage to begin initial construction on Tenant's improvements or begin any Alteration or other work in the Premises until Tenant has delivered evidence satisfactory to Landlord that Tenant has complied with the terms of this Section 8.3. Failure Project caused by Tenant to comply with the terms of this Section 8.3 shall permit Landlord to declare or any Tenant in default without benefit of any notice Related Parties other than normal wear and cure periods. In accordance with NRS 108.234(2), Tenant agrees that Landlord's interest in the Premises and the Property shall not be subject to, and shall be immune from, the attachment of any lien arising as a result of the Tenant Improvement Work, including any improvement, construction, alteration or repair in the Premises by Tenant, if Landlord, within three (3) days after obtaining knowledge of the construction, alteration or repair, or the intended construction, alteration or repair, gives notice that Landlord will not be responsible for the improvement by recording a notice in writing to that effect with the Official Records of Xxxxx County, Nevada ("Notice of Nonresponsibility" ) in the form of Exhibit B attached hereto. The Notice of Nonresponsibility shall be deemed timely recorded within three (3) days immediately following the effective date of the Lease or tear caused by the date negligence or willful misconduct of the execution Tenant or any Tenant Related Parties or breach of this Lease by all parties, whichever occurs firstTenant. Each Notice of Nonresponsibility recorded Tenant hereby waives and releases its right to make repairs at Landlord’s expense pursuant to NRS 108.234 shall set forth Sections 1941 and 1942 of the information required Civil Code of California or under any similar law, statute or ordinance now or hereafter in NRS 108.234(3effect. With respect to any damage which Landlord is obligated to repair or elects to repair, Tenant, as a material inducement to Landlord entering into this Lease, irrevocably waives and releases its rights under the provisions of Sections 1932(2) and shall be served by personal delivery or by certified mail, return receipt requested (11933(4) upon Tenant within ten (10) days after the date on which the Notice of Nonresponsibility is recorded and (2) upon the prime contractor within ten (10) days after the date on which Tenant contracts with the prime contractor for the construction, alteration or repair of the work California Civil Code. Tenant furthermore waives the benefits of improvementsubsection 1 of Section 1932 of the California Civil Code or under any similar law.
Appears in 1 contract
Samples: Lease Agreement (Rambus Inc)
Tenant’s Responsibilities. Pursuant to NRS 108.234, Landlord hereby informs Tenant that Tenant must comply with the requirements of NRS 108.2403 and NRS 108.2407. 13.1 Tenant shall take be responsible for the payment for all actions necessary under Nevada law utilities furnished to ensure that no liens encumbering Landlord's interest in the Property arise as a result of any work performed by or arranged to be performed by Tenant on the Premises or the Property ("Tenant Improvement Work"), including, without limitation, gas, electric, water, sewer and telephone services. Landlord, at its expense, shall cause the recording of a notice of posted security in the Official Records of Xxxxx County, Nevada, in accordance with NRS 108.2403 and either (i) establish a construction disbursement account pursuant Premises to NRS 108.2403(1)(b)(1) or (ii) furnish and record, in accordance with NRS 108.2403(1)(b)(2), a surety bond be separately metered for the prime contract for any Tenant Improvement Work at the Premises that meets the requirements purpose of NRS 108.2415. The name and address of Tenant's prime contractor who will be performing the Tenant Improvement Work will be provided to Landlord for Landlord's approval prior to the commencement of any of the Tenant Improvement Work, which approval shall not be unreasonably withheld. Tenant shall notify Landlord immediately upon the signing of any contract with the prime contractor for the construction, alteration or repair of any portion of the Premises or Tenant's improvements measuring electrical power furnished exclusively to the Premises. To the extent that the consumption of gas, water and sewer services are measured by a single meter or meters for such services for multiple tenants, Tenant may not enter shall pay only its proportionate share of the Premises to begin initial construction on bill xx bills for such services. For the purposes hereof, "Tenant's improvements or begin proportionate share" of the bill xxx any Alteration or single metered utilities shall be the percentage determined in accordance with Section 4.3 hereof. Tenant shall have no responsibility for any excessive use of utilities by other work tenants in the Premises until Building but shall be responsible for its own excessive use of such utilities. Tenant has delivered evidence satisfactory agrees to pay all applicable utility bills when due, or upon presentation thereof by Landlord and, further, agrees to indemnify and hold Landlord harmless from and against any claims made by any utility companies which arise from Tenant's use of such utilities or from Tenant's failure to pay any bill xxxdered for utilities furnished to the Premises.
13.2 It is understood and agreed that Landlord shall not have any liability to Tenant has complied with whatsoever as a result of Landlord's failure or inability to furnish any of the utilities or services required to be furnished by Landlord under the terms of this Section 8.3Lease, whether resulting from breakdown, removal from service for maintenance or repairs, strikes, scarcity of labor or materials, acts of God, governmental requirements or from any other cause whatsoever. Failure by Tenant It is further agreed that any such failure or inability to comply with furnish the terms of this Section 8.3 shall permit Landlord to declare Tenant in default without benefit of any notice and cure periods. In accordance with NRS 108.234(2), Tenant agrees that Landlord's interest in the Premises and the Property utilities or services required hereunder shall not be subject toconsidered an eviction, actual or constructive, of Tenant from the Premises, and shall be immune fromnot entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder.
(a) Notwithstanding provisions of Section 13.2 to the contrary, if (i) Landlord fails or is unable to furnish the utilities or services which Landlord is required to provide or furnish pursuant to Section 13.1 hereof for a period of more than seven (7) consecutive business days, (ii) Landlord has not commenced or its not diligently pursuing curing such interruption or inability to furnish such utilities or services, (iii) such interruption is not the result or strikes, unavailability of parts or other materials, or any other cause beyond Landlord's reasonable control and (iv) such interruption materially impairs the use of the Premises by Tenant and provided that Tenant does not use the Premises for any purpose during the period any such interruption exists, then, Tenant shall
(b) Landlord will use its commercially reasonable efforts (including, in Landlord's sole discretion, reasonable expenditures of money) to cause the prompt restoration of any interrupted utility services; further, should any equipment or machinery in the Building for which Landlord has responsibility pursuant to Article VIII hereof break down so as to render the Premises unusable by Tenant, Landlord shall promptly repair or replace it (subject to delays which result from strikes, unavailability of parts or other materials or other matters beyond Landlord's control).
13.4 Tenant shall not perform any acts, carry on any activities or store any materials on the Premises which may damage the Premises, the attachment of Building, or the land upon which the Building is situated, or be a menace or nuisance to the other tenants in the Building, if any. Tenant shall not store or place any lien arising materials, crates, boxes, equipment, abandoned trailers or automobiles in or on the parking areas, access roads or landscaped area adjacent to the Building. Tenant shall keep the Premises clean at all times and shall store all trash, rubbish and debris within the Premises, or outside the Premises, in trash containers approved by Landlord.
13.5 Tenant shall be responsible for its own trash removal and char and janitorial services.
13.6 If Tenant, by its own act or neglect, or as a result of the Tenant Improvement Workact or neglect of any of its employees or agents, including shall damage any improvement, construction, alteration or repair in the Premises by Tenant, if Landlord, within three (3) days after obtaining knowledge portion of the constructionPark, alteration or repairthe Premises, the Building, or the intended constructionland upon which it is situated, alteration or repairshall fail to remove any trash or hazardous or noxious waste which requires special handling, gives notice that Tenant shall reimburse Landlord will not for any additional costs to Landlord occasioned thereby excepting losses or damages for which Landlord is or is required to be responsible for the improvement by recording a notice in writing to that effect with the Official Records of Xxxxx County, Nevada ("Notice of Nonresponsibility" ) in the form of Exhibit B attached hereto. The Notice of Nonresponsibility shall be deemed timely recorded within three (3) days immediately following the effective date of the Lease or by the date of the execution of insured under this Lease by all parties, whichever occurs first. Each Notice of Nonresponsibility recorded pursuant to NRS 108.234 shall set forth the information required in NRS 108.234(3) and shall be served by personal delivery or by certified mail, return receipt requested (1) upon Tenant within ten (10) days after the date on which the Notice of Nonresponsibility is recorded and (2) upon the prime contractor within ten (10) days after the date on which Tenant contracts with the prime contractor for the construction, alteration or repair of the work of improvementLease.
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Tenant’s Responsibilities. Pursuant Except as expressly provided in Paragraph 10.1 above, Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, windows, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating, ventilation and air conditioning systems servicing the Premises in good order, condition and repair. Tenant’s obligations with respect to NRS 108.234the heating and air conditioning systems of the Premises shall include the replacement of components thereof; however, if an entire HVAC unit(s) shall need to be replaced, then Landlord hereby informs shall be responsible for replacing such HVAC unit(s) but the cost thereof shall be amortized at the lesser of (i) the annual rate of interest charged on the loan obtained by Landlord to finance the replacement of such HVAC unit(s) (or if Landlord does not obtain a loan to finance such improvement, then at three percent (3%) above the prime rate or reference rate published in the Wall Street Journal (or if such rate is not published in the Wall Street Journal, then the prime rate or reference rate established by a national bank selected by Landlord)), or (ii) the maximum rate permitted by law, over the useful life of the HVAC unit(s) (as reasonably determined by Landlord) of such replacement HVAC unit(s), and shall be paid monthly by Tenant that from the date of installation through the first of Lease Termination or the expiration of the useful life of such replacement HVAC unit(s); provided, however, if the replacement is made necessary due to Tenant’s breach of this Lease, any misuse of the Premises or Building by, or negligence or willful misconduct of, Tenant must comply with or any of Tenant’s agents, employees, contractors, subcontractors, invitees, licensees, sublessees or other representatives, then Landlord (or Tenant if Landlord designates Tenant in writing to undertake such replacement of the requirements applicable HVAC unit) shall undertake such replacement but the cost of NRS 108.2403 such replacement shall be borne 100% by Tenant and NRS 108.2407shall be paid by Tenant to Landlord within thirty (30) days following Tenant’s receipt of a written invoice or xxxx therefor. Tenant shall take maintain continuously throughout the Lease Term a service contract for the maintenance of all actions necessary under Nevada such HVAC equipment servicing the Premises with a licensed HVAC repair and maintenance contractor approved by Landlord, which contract provides for the periodic inspection and servicing of the HVAC equipment at least once every ninety (90) days during the Lease Term, and Tenant shall provide Landlord with inspection reports no less than quarterly. Tenant shall furnish Landlord with copies of the HVAC service contract(s), which shall provide that they may not be canceled or changed without at least thirty (30) days’ prior written notice to Landlord. Notwithstanding the foregoing, Landlord may elect at any time to assume responsibility for the maintenance, repair and replacement of such HVAC equipment, and the cost thereof shall be included in Operating Expenses charged to Tenant. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fourteen (14) days after Tenant’s receipt of written notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord’s agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall use reasonable efforts to ensure that avoid causing any inconvenience to Tenant or interference with the use of the Premises by Tenant or Tenant’s agents during the performance of any such repairs or maintenance. Landlord shall have no liens encumbering Landlord's interest in liability to Tenant for any damage, inconvenience or interference with the Property arise use of the Premises by Tenant or Tenant’s agents as a result of Landlord performing any work performed by such repairs or arranged maintenance (except to the extent arising out of the gross negligence or willful misconduct Landlord or that of its agents or employees; provided, however, under no circumstances shall Landlord be performed by liable to Tenant on the Premises or the Property ("Tenant Improvement Work")for consequential damages, including, without limitation, the recording lost profits, loss of a notice of posted security in the Official Records of Xxxxx County, Nevada, in accordance with NRS 108.2403 and either (i) establish a construction disbursement account pursuant to NRS 108.2403(1)(b)(1) business or (ii) furnish and record, in accordance with NRS 108.2403(1)(b)(2lost income), a surety bond for the prime contract for any Tenant Improvement Work at the Premises that meets the requirements of NRS 108.2415. The name and address of Tenant's prime contractor who will be performing the Tenant Improvement Work will be provided to Landlord for Landlord's approval prior to the commencement of any of the Tenant Improvement Work, which approval shall not be unreasonably withheld. Tenant shall notify Landlord immediately upon reimburse Landlord, on demand and as Additional Rent, for the signing cost of damage to the Project caused by Tenant or Tenant’s agents. Tenant expressly waives the benefits of any contract with statute now or hereafter in effect (including without limitation the prime contractor for the constructionprovisions of subsection 1 of Section 1932, alteration or repair of any portion Section 1941 and Section 1942 of the Premises California Civil Code and any similar law, statute or Tenant's improvements ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord’s expense (or to deduct the Premises. Tenant may not enter cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord’s failure to keep the Premises to begin initial construction on Tenant's improvements or begin any Alteration or other work in the Premises until Tenant has delivered evidence satisfactory to Landlord that Tenant has complied with the terms of this Section 8.3. Failure by Tenant to comply with the terms of this Section 8.3 shall permit Landlord to declare Tenant in default without benefit of any notice good and cure periods. In accordance with NRS 108.234(2), Tenant agrees that Landlord's interest in the Premises and the Property shall not be subject to, and shall be immune from, the attachment of any lien arising as a result of the Tenant Improvement Work, including any improvement, construction, alteration or repair in the Premises by Tenant, if Landlord, within three (3) days after obtaining knowledge of the construction, alteration or repair, or the intended construction, alteration or repair, gives notice that Landlord will not be responsible for the improvement by recording a notice in writing to that effect with the Official Records of Xxxxx County, Nevada ("Notice of Nonresponsibility" ) in the form of Exhibit B attached hereto. The Notice of Nonresponsibility shall be deemed timely recorded within three (3) days immediately following the effective date of the Lease or by the date of the execution of this Lease by all parties, whichever occurs first. Each Notice of Nonresponsibility recorded pursuant to NRS 108.234 shall set forth the information required in NRS 108.234(3) and shall be served by personal delivery or by certified mail, return receipt requested (1) upon Tenant within ten (10) days after the date on which the Notice of Nonresponsibility is recorded and (2) upon the prime contractor within ten (10) days after the date on which Tenant contracts with the prime contractor for the construction, alteration or repair of the work of improvementsanitary order.
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Samples: Net Lease Agreement (Calix, Inc)
Tenant’s Responsibilities. Pursuant to NRS 108.2347.1 The Tenant should promptly pay the rent, Landlord hereby informs Tenant that Tenant must comply deposit and other charges as set out in Clauses 3, 4 and 5 of the Agreement. Non-payment of these charges constitutes a breach of this Agreement.
7.2 The Premises shall be occupied by and his / her family members only. During the period of the Tenancy, unless with the requirements written agreement of NRS 108.2403 and NRS 108.2407. the Landlord, the Tenant shall take all actions necessary under Nevada law to ensure that no liens encumbering Landlord's interest not assign, transfer, sub-let, let or part with the possession in part or in full of the Premises. The Landlord has right taken back the property any time and stops the leasing contract.
7.3 The Tenant shall during the Term of Tenancy keep the interior of the Premises in good and tenantable repair and condition (fair wear and tear and damage caused by inherent defect excepted) and shall deliver up vacant possession of the Premises in the Property arise same repair and condition on the expiration or sooner determination of this tenancy. Otherwise, Xxxxxx should pay compensation to the Landlord for his improper use of the property.
7.4 The Tenant shall indemnify the Landlord for any loss or damage to the Premises from negligent act or omission of Tenant or any officer, director, employee, guest, visitor, servant, contractor, agent, licensee or invitee of Tenant (each referred to hereinafter individually as a result an “Associate”). For the purpose of this Agreement, any act, default, neglect or omission of any work performed by or arranged to be performed by Tenant on the Premises or the Property ("Tenant Improvement Work"), including, without limitation, the recording of a notice of posted security in the Official Records of Xxxxx County, Nevada, in accordance with NRS 108.2403 and either (i) establish a construction disbursement account pursuant to NRS 108.2403(1)(b)(1) or (ii) furnish and record, in accordance with NRS 108.2403(1)(b)(2), a surety bond for the prime contract for any Tenant Improvement Work at the Premises that meets the requirements of NRS 108.2415. The name and address of Tenant's prime contractor who will be performing the Tenant Improvement Work will be provided to Landlord for Landlord's approval prior to the commencement of any Associate of the Tenant Improvement Workshall be deemed to be the act, default, neglect or omission of the Tenant.
7.5 The Tenant shall permit Landlord or his authorized representatives, at a reasonable time with advance notice, to enter the Premises to repair any such loss or damage at the expense of the Tenant. During the last month of the Tenancy, Landlord has the right to show the Premises with reasonable notice advance to prospective tenants or purchasers, unless according to clause 2.2, the Tenant has informed Landlord of its intention to renew the Tenancy.
7.6 The Tenant shall not make any alteration and / or additions to the Premises, erect, install or remove any fixtures or partitioning, or make any structural additions and/or alternations nor affix or display any signboard or other device at the exterior of the Premises without the prior written consent of Landlord, which approval consent shall not be unreasonably withheld. .
7.7 The Tenant shall notify Landlord immediately upon pay and discharge punctually in respect of water, electricity, gas, telephone and other similar fees, charges and expenses payable (if any) incurred by Tenant at the signing Premises which are not included in the rental.
7.8 The Tenant shall comply with all laws, regulations and rules of any contract with and shall observe and perform the prime contractor for the constructioncovenants, alteration or repair of any portion terms and conditions of the Premises or Tenant's improvements Deed of Mutual Covenant and Sub-Deed of Mutual Covenant (if any) relating to the Premises. The Tenant may shall not enter contravene any negative or restrictive covenants contained in the Government Lease(s) under which the Premises are held from the Government, and specifically not to permit or allow the Premises to begin initial construction be used for any purpose that is unlawful or immoral.
7.9 A written notice served by the Landlord on Tenant's improvements or begin any Alteration or other work the Tenant in the Premises until Tenant has delivered evidence satisfactory manner hereinafter mentioned to the effect that the Landlord that Tenant has complied with thereby exercises the terms power of this Section 8.3. Failure by Tenant to comply with the terms of this Section 8.3 shall permit Landlord to declare Tenant in default without benefit of any notice and cure periods. In accordance with NRS 108.234(2), Tenant agrees that Landlord's interest in the Premises and the Property shall not be subject to, and re-entry herein contained shall be immune from, a full and sufficient exercise of such power without an actual physical entry on the attachment of any lien arising as a result part of the Tenant Improvement Work, including any improvement, construction, alteration or repair in the Premises by Tenant, if Landlord, within three (3) days after obtaining knowledge of the construction, alteration or repair, or the intended construction, alteration or repair, gives notice that Landlord will not be responsible for the improvement by recording a notice in writing to that effect with the Official Records of Xxxxx County, Nevada ("Notice of Nonresponsibility" ) in the form of Exhibit B attached hereto. The Notice of Nonresponsibility shall be deemed timely recorded within three (3) days immediately following the effective date of the Lease or by the date of the execution of this Lease by all parties, whichever occurs first. Each Notice of Nonresponsibility recorded pursuant to NRS 108.234 shall set forth the information required in NRS 108.234(3) and shall be served by personal delivery or by certified mail, return receipt requested (1) upon Tenant within ten (10) days after the date on which the Notice of Nonresponsibility is recorded and (2) upon the prime contractor within ten (10) days after the date on which Tenant contracts with the prime contractor for the construction, alteration or repair of the work of improvement.
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Samples: Tenancy Agreement