Common use of LANDLORD'S COVENANTS Clause in Contracts

LANDLORD'S COVENANTS. 7.1 The Landlord agrees with the Tenant as follows: Taxes a) to pay all taxes, rate, assessments, conservancy charges and outgoings in respect of the Flat except those that the Tenant has agreed to pay; Quiet Enjoyment b) provided that the Tenant shall punctually pay the Rent hereby reserved and observe and perform the conditions on his part to be observed and performed, the Tenant shall peaceably HOLD AND ENJOY the Flat during the Term without any interruption by the Landlord; Extension of Tenancy c) that on the written request of Tenant made not less than two (2) months before the expiration of the Term and if there shall not at the time of such request be any existing breach or non- observance of any of the conditions of this Agreement, the Landlord may grant to the Tenant an extension for such period as may be agreed between the parties from the expiration of the Term upon the same terms and conditions as contained herein, PROVIDED ALWAYS THAT the Landlord shall have the right to review the Rent payable at a mutually agreed rate and PROVIDED ALWAYS THAT such extension shall be subject to HDB’s approval (where applicable); Insurance d) to insure the Flat against loss or damage by fire and to pay all premium thereon punctually; Receipt e) to provide written acknowledgement if requested by the Tenant, for Rent, Deposit and any other payments made by the Tenant to the Landlord; Maintenance of Premises f) shall take all necessary steps to keep the structural condition of the Flat, including but not limited to the sanitary pipes, electric wiring and any such concealed drains, pipes and conduits, in good and tenantable repair and condition. If an item is faulty and beyond repair, the Landlord shall bear the full cost to replace the item provided the fault is not due to the acts or omissions of the Tenant and/or the Tenant’s visitors.

Appears in 2 contracts

Samples: Important, Important

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LANDLORD'S COVENANTS. 7.1 The Landlord agrees hereby covenants with the Tenant as follows: Taxes a) - That the Tenant paying rents hereby reserved and observing and performing the agreements and stipulations on his part herein contained shall permitted to quietly enjoy the Demised Premises during this tenancy without any interruption from the Landlord or any person claiming under or in trust for the Landlord. That during this tenancy the Landlord will hereof bear to pay and discharge all taxesquit rent, rate, assessments, conservancy charges and outgoings assessment payable in respect of the Flat Demised Premises. That the Landlord shall keep the roof and main structure including walls, floors and main drains and pipes in good and tenantable repair and condition including the repairing and the redecorating of any part thereof at such times, except those where repairs become necessary as a result of any willful act or default of the tenant; and in such manner as the Landlord in Landlord’s absolute discretion shall consider to be necessary PROVIDED ALWAYS that the Tenant has agreed to pay; Quiet Enjoyment b) provided that Landlord shall not be liable for any loss or damage or injury caused by circumstances beyond its control, including any mechanical breakdown, power failure, negligence or willful misconduct on the Tenant shall punctually pay the Rent hereby reserved and observe and perform the conditions on his part to be observed and performed, the Tenant shall peaceably HOLD AND ENJOY the Flat during the Term without any interruption by of the Landlord; Extension of Tenancy c) that ’s employees or other person whatsoever. That the Landlord will on the written request of the Tenant made not less than two (2) months but no earlier than three (3) months before the expiration of the Term term hereby created and if there shall not be at the time of such request be any existing breach or non- breach, non-observance of any of the conditions covenants on the part of this Agreement, the Tenant hereinbefore contained or the Landlord may has no intention to sell or otherwise dispose of the Demised Premises at the expenses of the Tenant grant to the Tenant an extension a tenancy of the Demised Premises for such period as may be agreed between a further term of a duration specified in Section 8 of the parties from Schedule hereto commencing immediately form the expiration of the Term upon the same terms and conditions as contained herein, PROVIDED ALWAYS THAT the Landlord shall have the right to review the Rent payable said term at a rent to be mutually agreed rate upon but otherwise containing the like covenants and PROVIDED ALWAYS THAT such extension shall be subject to HDB’s approval (where applicable); Insurance d) to insure provision as are herein contained with the Flat against loss or damage by fire and to pay all premium thereon punctually; Receipt e) to provide written acknowledgement if requested by the Tenant, for Rent, Deposit and any other payments made by the Tenant to the Landlord; Maintenance of Premises f) shall take all necessary steps to keep the structural condition exception of the Flat, including but not limited to present covenants for renewal. In determining the sanitary pipes, electric wiring mutually agreed rent for the further term and in the event of any such concealed drains, pipes and conduits, in good and tenantable repair and condition. If an item is faulty and beyond repairincrease, the Landlord shall bear increase not more than 20 % (TWENTY percent) of rental rate at the full cost time. This renewal option shall become null and void if the rental rate cannot be agreed by both parties within thirty (30) days and the Landlord shall thereafter be entitled to replace vacant possession of the item provided said Demised Premise. The existing rental at the fault is not due time subject in all other respect to the acts same conditions and covenants as are herein contained save and except this clause for the renewal of this tenancy. If the Tenant fails to yield up peacefully the Demised Premises upon the early determination or omissions expiry of the Tenancy, the Tenant and/or shall be chargeable, at the Landlord’s option and until the Tenant delivers to the Landlord possession of the Demised Premises, with double the rent then payable to the Landlord for the Demised Premises. Acceptance of such rental shall not prejudice the Landlord’s rights and remedies to recover possession of the Demised Premises from the Tenant’s visitors. To refund the Security Deposit and Utility Deposit free of interest to the Tenant upon the expiry of this tenancy or the lawful termination of this Agreement and upon delivery of vacant possession of the Demised Premises to the Landlord in accordance with the terms of this Agreement PROVIDED ALWAYS that the Landlord shall be at liberty to deduct there from such sums or sums as may be required to cover all arrears of rent, water, electricity, Indah Water and telephone bills (if any) and the cost of carrying out repair or painting of the Demised Premises (if required). The Landlord shall be entitled to sell the Demised Premises at any time during the tenancy term and during extended term.

Appears in 2 contracts

Samples: Tenancy Agreement, Rental Agreement

LANDLORD'S COVENANTS. 7.1 The To the best of Landlord's actual and not constructive knowledge, as of the Commencement Date the Building (including the Premises and all common areas) shall be free of all Hazardous Substances that are not in compliance with applicable Environmental Laws. Upon request of Tenant, Landlord agrees shall provide Tenant a copy of whatever environmental reports or assessments concerning the Land or Building that may be in Landlord's possession or under Landlord's control. In the event that, during the Term, Tenant discovers the existence in the Premises or the Building of Hazardous Substances other than those handled by Tenant, handled by a sublessee of Tenant or other party that has occupied any portion of the Premises after acquiring all or any portion of Tenant's rights hereunder, or handled by another tenant or other occupant of the Building subsequent to the Commencement Date, and if such Hazardous Substances have not been handled in compliance with all applicable Environmental Laws (such hazardous materials, that have not been handled in compliance with all applicable Environmental Laws being defined as "Building Unlawful Hazardous Materials"), then Landlord shall, as its sole obligation and responsibility to Tenant, (a) commence within sixty (60) days after Landlord receives from Tenant notice of such breach or discovery, as the case may be, and verifies the accuracy of such claim by Tenant, a removal, encapsulation or other containment program reasonably elected by Landlord which is required by and complies with applicable Laws, and (b) diligently prosecute such program to completion, including any required monitoring or reporting activities, in such a manner as will make the Premises free from Building Unlawful Hazardous Materials in accordance with the standards promulgated in applicable Environmental Laws. Notwithstanding the foregoing, Landlord shall indemnify Tenant as follows: Taxes a) from and against any claim made by, or liabilities or judgments owed to, third parties to pay all taxesthe extent that the damages forming the basis thereof are caused by the presence, ratenow or hereafter, assessmentsof any Hazardous Substances that have been placed, conservancy charges and outgoings stored or generated in respect the Premises by Landlord and, to the extent that Landlord is so obligated to indemnify Tenant, Landlord's duty of indemnification shall survive the termination of the Flat except those that the Tenant has agreed to pay; Quiet Enjoyment b) provided that the Tenant shall punctually pay the Rent hereby reserved and observe and perform the conditions on his part to be observed and performed, the Tenant shall peaceably HOLD AND ENJOY the Flat during the Term without any interruption by the Landlord; Extension of Tenancy c) that on the written request of Tenant made not less than two (2) months before the expiration of the Term and if there shall not at the time of such request be any existing breach or non- observance of any of the conditions of this Agreement, the Landlord may grant to the Tenant an extension for such period as may be agreed between the parties from the expiration of the Term upon the same terms and conditions as contained herein, PROVIDED ALWAYS THAT the Landlord shall have the right to review the Rent payable at a mutually agreed rate and PROVIDED ALWAYS THAT such extension shall be subject to HDB’s approval (where applicable); Insurance d) to insure the Flat against loss or damage by fire and to pay all premium thereon punctually; Receipt e) to provide written acknowledgement if requested by the Tenant, for Rent, Deposit and any other payments made by the Tenant to the Landlord; Maintenance of Premises f) shall take all necessary steps to keep the structural condition of the Flat, including but not limited to the sanitary pipes, electric wiring and any such concealed drains, pipes and conduits, in good and tenantable repair and condition. If an item is faulty and beyond repair, the Landlord shall bear the full cost to replace the item provided the fault is not due to the acts or omissions of the Tenant and/or the Tenant’s visitorsLease.

Appears in 1 contract

Samples: Lease Agreement (Renaissance Worldwide Inc)

LANDLORD'S COVENANTS. 7.1 4.1 Landlord's Services & Repair Obligations. Landlord shall be responsible for repairing and/or replacing at Landlord's sole cost and expense the roof, roof membrane, structural supports and any latent defects of the Buildings, unless damage thereto is caused by Tenant or Tenant's employees, agents, guests or invitees, in which event any costs arising from such damage shall be Tenant's sole responsibility. Except for the foregoing, Tenant is accepting the Premises in its As-Is condition and assumes full and sole responsibility for the condition, operation, maintenance, repair and replacement of the Premises. Except as provided herein and in Section 7.6, Landlord shall have no obligation whatsoever to maintain, repair or replace the Premises or provide services to Tenant. Tenant acknowledges that Landlord will have no obligation to provide any security for the Premises, which shall be Tenant's sole obligation. The Landlord agrees parties intend that the terms of this Lease shall govern their respective maintenance and repair obligations. Tenant expressly waives the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease with respect to such obligations or which affords Tenant as follows: Taxes a) the right to pay all taxes, rate, assessments, conservancy charges and outgoings in respect make repairs at the expense of Landlord or terminate this Lease by reason of the Flat except those that the Tenant has agreed to pay; Quiet Enjoyment b) provided that the Tenant shall punctually pay the Rent hereby reserved and observe and perform the conditions on his part to be observed and performed, the Tenant shall peaceably HOLD AND ENJOY the Flat during the Term without any interruption by the Landlord; Extension of Tenancy c) that on the written request of Tenant made not less than two (2) months before the expiration condition of the Term and if there shall not at Premises or any needed repairs. Notwithstanding the time of such request be any existing breach or non- observance of any of the conditions of this Agreementforegoing, the Landlord may grant to the Tenant an extension for such period as may be agreed between the parties from the expiration of the Term upon the same terms and conditions as contained herein, PROVIDED ALWAYS THAT the Landlord shall have the right right, but not the obligation, to review undertake works of maintenance, repair or replacement which Tenant is required to perform under this Lease and which Tenant fails or refuses to perform within thirty (30) days of Landlord's notice to Tenant requesting Tenant to perform such work, except for emergency repairs which Landlord may perform at Tenant's expense upon 24 hours notice. Tenant shall reimburse Landlord upon demand, as Additional Rent, for all costs incurred by Landlord in performing any such repair for the Rent payable at a mutually agreed rate account of Tenant, together with an amount equal to ten percent (10%) of such costs to reimburse Landlord for its administration and PROVIDED ALWAYS THAT such extension managerial effort. Any dispute between Landlord and Tenant with respect to either party's repair obligations shall be subject to HDB’s approval (where applicable); Insurance d) to insure the Flat against loss or damage by fire and to pay all premium thereon punctually; Receipt e) to provide written acknowledgement if requested by the Tenant, for Rent, Deposit and any other payments made by the Tenant resolved pursuant to the Landlord; Maintenance terms of Premises f) shall take all necessary steps to keep the structural condition of the Flat, including but not limited to the sanitary pipes, electric wiring and any such concealed drains, pipes and conduits, in good and tenantable repair and condition. If an item is faulty and beyond repair, the Landlord shall bear the full cost to replace the item provided the fault is not due to the acts or omissions of the Tenant and/or the Tenant’s visitorsSection 8.22 hereof.

Appears in 1 contract

Samples: Apbiotech

LANDLORD'S COVENANTS. 7.1 The Subject to Tenant’s obligations under Section 18.4 below, and without limitation of Section 5.2 (Condition of the Premises) above, Landlord agrees shall not cause, or knowingly permit any of its Agents, Affiliates, [tenants of Excluded Premises]or Invitees to cause, any Hazardous Material to be brought upon, kept, used, stored, generated or disposed of in, on or about the Premises, or transported to or from the Premises [or the Excluded Premises] in violation of any applicable Environmental Laws [provided that tenants of Excluded Premises may use such substances in such limited amounts as are customarily used in residential rental projects so long as such use is in compliance with all applicable Environmental Laws]. In addition, Landlord, at Landlord’s cost and expense, shall cause those portions of the Premises for which it is responsible for repair, maintenance or replacement under this Lease and all portions of the Premises below the surface of the Land, to comply with Environmental Laws (to the extent so enforced by governmental authorities from time to time), except for any non-compliance that results from any condition caused by Tenant, or any Affiliate or Agent of Tenant after the Commencement Date. If Landlord reasonably and in good faith determines that Tenant, or any Affiliate, or Agent of Tenant, is responsible for any condition at the Premises caused by such party after the Commencement Date that is not in compliance with Environmental Laws, Landlord shall provide Tenant with a written notice so advising Tenant of the condition and the corrective work Landlord believes is necessary to correct such condition. Upon receipt of any such notice, Tenant shall have ten (10) business days within which to object to the work described in Landlord’s notice by delivering written notice to Landlord. If Tenant does not timely object, Landlord may proceed with the subject work, at Tenant’s cost and expense. If, however, Tenant as follows: Taxes adoes timely object, Landlord and Tenant shall meet and confer in good faith to reach agreement on whether Tenant is responsible for such corrective work and/or how any such corrective work should be completed and the cost to complete such work. If Landlord and Tenant are not able to agree within ten (10) business days after delivery of Tenant’s notice of objection, then either party may elect, by delivering written notice to pay all taxesthe other party, rateto have Landlord assume the responsibility for performing such work, assessmentsin which event, conservancy charges Landlord shall cause such corrective work to be completed in accordance with applicable Environmental Laws and, if such Hazardous Materials condition at the Premises was in fact caused after the Commencement Date by Tenant, or any Affiliate or Agent of Tenant, at Tenant’s cost and outgoings expense. Absent either party making such election, Landlord may cause such work to be completed in respect accordance with applicable Environmental Laws, and if such Hazardous materials condition was in fact caused after the Commencement Date by Tenant, or any Affiliate or Agent of Tenant, Tenant will reimburse Landlord for Landlord’s reasonable out-of-pocket costs and expenses (exclusive of internal handling costs, fees and overhead cost allocations) of completing such corrective work within thirty (30) days after receiving evidence of the Flat except those that completion of such work and invoices or comparable evidence of payment of such costs and expenses by Landlord. In the event the corrective work at the Premises described hereinabove deemed necessary by Landlord requires immediate attention to avoid injury to persons or damage to property, Landlord need not provide prior notice to Tenant has agreed to pay; Quiet Enjoyment band instead may proceed with the completion of such corrective work as is necessary. In such event Tenant will reimburse Landlord for Landlord’s reasonable out-of-pocket costs and expenses (exclusive of internal handling costs, fees and overhead cost allocations) provided that the Tenant shall punctually pay the Rent hereby reserved and observe and perform the conditions on his part to be observed and performed, the Tenant shall peaceably HOLD AND ENJOY the Flat during the Term without any interruption by the Landlord; Extension of Tenancy ccompleting such corrective work within thirty (30) that on the written request of Tenant made not less than two (2) months before the expiration days after receiving evidence of the Term completion of such corrective work and if there shall not invoices or comparable evidence of payment of such costs and expenses by Landlord to the extent Hazardous Materials condition at the time Premises was in fact caused after the Commencement Date by Tenant or any Affiliate or Agent of such request be any existing breach or non- observance of any of the conditions of this Agreement, the Landlord may grant to the Tenant an extension for such period as may be agreed between the parties from the expiration of the Term upon the same terms and conditions as contained herein, PROVIDED ALWAYS THAT the Landlord shall have the right to review the Rent payable at a mutually agreed rate and PROVIDED ALWAYS THAT such extension shall be subject to HDB’s approval (where applicable); Insurance d) to insure the Flat against loss or damage by fire and to pay all premium thereon punctually; Receipt e) to provide written acknowledgement if requested by the Tenant, for Rent, Deposit and any other payments made by the Tenant to the Landlord; Maintenance of Premises f) shall take all necessary steps to keep the structural condition of the Flat, including but not limited to the sanitary pipes, electric wiring and any such concealed drains, pipes and conduits, in good and tenantable repair and condition. If an item is faulty and beyond repair, the Landlord shall bear the full cost to replace the item provided the fault is not due to the acts or omissions of the Tenant and/or the Tenant’s visitors.

Appears in 1 contract

Samples: Residential Master Lease (Archstone Smith Trust)

LANDLORD'S COVENANTS. 7.1 The Landlord agrees covenants with the Tenant as followsthat: Taxes a) to pay all taxes, rate, assessments, conservancy charges and outgoings in respect of the Flat except those that the Tenant has agreed to pay; Quiet Enjoyment b) provided that the Tenant shall punctually pay have quiet enjoyment of the Rent hereby reserved and observe and perform the conditions on his part to be observed and performed, the Tenant shall peaceably HOLD AND ENJOY the Flat during the Term Property without any interruption by the LandlordLandlord or any person claiming under the Landlord except as otherwise permitted by this lease; Extension and the Landlord will maintain, repair, light, cleanse and renew the Common Parts. The Landlord will not obstruct nor permit an obstruction of Tenancy c) the Road provided that the Landlord may on the written request of Tenant made not less than two seven (27) months before the expiration of the Term and if there shall not at the time of such request be any existing breach or non- observance of any of the conditions of this Agreement, the Landlord may grant days prior written notice to the Tenant an extension (except in emergency) temporarily and only to the extent necessary for the purposes of carrying out works to the Estate obstruct or close the whole or part of the Road subject to any such obstruction or closure being for the minimum period reasonably possible and the Landlord taking all appropriate measures to minimise any disruption to the Tenant. The Landlord must, when entering the Property to exercise any Landlord’s rights and shall procure that anyone exercising such rights on behalf of or under the authorisation of the Landlord must: give the Tenant at least three Working Days’ prior notice (except in the case of emergency, when the Landlord must give as much notice as may be agreed between the parties from the expiration reasonably practicable); observe any reasonable requirements of the Term upon the same terms and conditions as contained herein, PROVIDED ALWAYS THAT Tenant which are notified to the Landlord shall have the right to review the Rent payable at a mutually agreed rate and PROVIDED ALWAYS THAT such extension shall be subject to HDB’s approval (but where applicable); Insurance d) to insure the Flat against loss or damage by fire and to pay all premium thereon punctually; Receipt e) to provide written acknowledgement if requested that includes being accompanied by the Tenant’s representative the Tenant must make that representative available); observe any specific conditions to the Landlord’s entry set out in this Lease; cause as little interference to the Tenant’s business as reasonably practicable; cause as little physical damage as reasonably practicable; repair any physical damage that the Landlord causes as soon as reasonably practicable; where entering to carry out works, for Rentobtain the Tenant’s approval to the location, Deposit method of working and any other payments made by the Tenant material matters relating to the Landlordpreparation for, and execution of, the works, such approval not to be unreasonably withheld or delayed; Maintenance of Premises f) shall take all necessary steps to keep remain upon the structural condition Property for no longer than is reasonably necessary; and where reasonably practicable, exercise any rights outside the normal business hours of the Flat, including but not limited to the sanitary pipes, electric wiring and any such concealed drains, pipes and conduits, in good and tenantable repair and condition. If an item is faulty and beyond repair, the Landlord shall bear the full cost to replace the item provided the fault is not due to the acts or omissions of the Tenant and/or the Tenant’s visitorsProperty.

Appears in 1 contract

Samples: s3-eu-west-1.amazonaws.com

LANDLORD'S COVENANTS. 7.1 Landlord shall provide Tenant with a copy of all bills for Impositions promptly upon receipt thereof and in sufficient time for Tenant to examine same and determine whether Tenant desires to have Landlord contest the amount or validity of same. Landlord shall pay all Impositions mat are levied or assessed by any lawful authority on the Premises and Landlord's other real property within the same tax parcel prior to the date same become overdue and Tenant shall reimburse Landlord for Tenant's Share thereof as provided for in this Article V. As used in this Article V, the term Tenant's Share" shall mean a fraction, the numerator of which shall be the gross leaseable area of the square footage of Premises and the denominator of which shall be equal to the aggregate of die gross leaseable area of the square footage of all buildings on the tax parcel on which the Building is located. If Landlord is permitted to pay Impositions hi installments, then, whether or not Landlord elects to pay the Impositions in installments, Tenant's Share of such Impositions shall be determined based upon the installments which would have been payable (including interest which would accrue thereon) had the installment method been elected. Landlord shall use commercially reasonable efforts to obtain and maintain in effect any available tax abatements, exemptions, refunds, rebates or credits that may reduce Impositions for the Premises, and the Impositions for any tax year shall mean such amounts as shall be finally determined to be the Impositions payable during such tax year less any abatements, exemptions, refunds, rebates or credits made thereof, plus any costs and expenses actually incurred by Landlord in achieving or effecting any abatements, exemptions, refunds, rebates or credits. The parties shall make appropriate adjustments to previous reimbursements from Tenant to Landlord on account of any abatements, refunds, rebates or credits immediately following the determination of the amount of such abatements, refunds, rebates or credits. Landlord covenants and agrees with the Tenant as follows: Taxes a) to pay all taxes, rate, assessments, conservancy charges and outgoings in respect of Impositions prior to the Flat except those last date that the Tenant has agreed to pay; Quiet Enjoyment b) provided that the Tenant same may be paid without penalty or interest, or if a discount shall punctually pay the Rent hereby reserved and observe and perform the conditions on his part to be observed and performedavailable for early payment, the Tenant shall peaceably HOLD AND ENJOY the Flat during the Term without any interruption by the Landlord; Extension of Tenancy c) that on the written request of Tenant made not less than two (2) months before the expiration of the Term and if there shall not at the time of such request be any existing breach or non- observance of any of the conditions of this Agreement, the Landlord may grant prior to the Tenant an extension for last day that such period as may be agreed between the parties from the expiration of the Term upon the same terms and conditions as contained herein, PROVIDED ALWAYS THAT the Landlord shall have the right discount is available. Without cost to review the Rent payable at a mutually agreed rate and PROVIDED ALWAYS THAT such extension shall be subject to HDB’s approval (where applicable); Insurance d) to insure the Flat against loss or damage by fire and to pay all premium thereon punctually; Receipt e) to provide written acknowledgement if requested by the Tenant, for Rent, Deposit and any other payments made by the Tenant to the Landlord; Maintenance of Premises f) shall take all necessary steps to keep the structural condition of the Flat, including but not limited to the sanitary pipes, electric wiring and any such concealed drains, pipes and conduits, in good and tenantable repair and condition. If an item is faulty and beyond repair, the Landlord shall bear the full cost all costs, including without limitation, interest, penalties, late charges and lost discount amounts, that are incurred as a result of (i) Landlord's failure to replace the item provided the fault is not due to the acts timely pay any installment of Impositions, or omissions (ii) keep any existing abatement, exemption, refund, rebate or credit of the Tenant and/or the Tenant’s visitors.Impositions in effect

Appears in 1 contract

Samples: Industrial Lease Agreement (Mohawk Industries Inc)

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LANDLORD'S COVENANTS. 7.1 The Landlord agrees hereby covenants with the Tenant as follows: Taxes a) to follows:- That the Landlord shall pay all present and future quit rents, rates, taxes, rate, assessments, conservancy charges maintenance charges, sinking funds and other outgoings which the Tenant is not hereby made liable to pay now or hereafter in respect of the Flat except those Demised Premise. That the Tenant paying rents hereby reserved and observing and performing the agreements and the Tenant’s covenant herein contained shall permitted to peacefully hold and enjoy the Demised Premise during this tenancy without any interruption from the Landlord or any person claiming under or in trust for the Landlord. That the Landlord shall keep the roof main structure wall of the Demised Premise in good and tenantable repair condition. That the Landlord shall maintain, upkeep and repair whenever necessary the roof, main structure, external walls, main drains and pipes of the said Premises or as the case may be, the said Premises in good and tenantable repair and condition provided always that the Landlord shall not be liable for any loss or damage or injury caused by circumstances beyond its control, including any mechanical breakdown, power failure, negligence or wilful misconduct on the part of the Landlord’s employees or other person whatsoever. That the Landlord shall keep the said Premises (excluding the properties of the Tenant) sufficiently insured against lost or damage by fire at all times throughout the Tenancy. That the Landlord shall refund to the Tenant has agreed the Security Deposit and Utilities Deposit paid hereunder free of interest not later than fourteen (14) days upon the expiration of this Agreement or the lawful termination of this agreement subject however to pay; Quiet Enjoyment bother provisions herein to the contrary and the Landlord’s right to set-off the same or deduct thereof such sums as may be requisite against any cost incurred by the Landlord under this Agreement failing which late payment interest at the rate of Eight (8%) per centum per annum shall be made chargeable to the Landlord until the full refund thereto by the Landlord to the Tenant provided that the Tenant shall punctually pay the Rent hereby reserved breach of any terms of this Agreement and observe and perform the conditions on his part to be observed and performed, the Tenant shall peaceably HOLD AND ENJOY the Flat during the Term without any interruption all defaults (if any) had been duly rectified by the Landlord; Extension of Tenancy c) that Tenant. That the Landlord shall on the written request of the Tenant made not less than two (2) months before the expiration of the Term and term hereby created, if there shall not be at the time of such request be any existing breach and if the Landlord has no intention to sell or non- observance of any otherwise dispose of the conditions of this AgreementDemised Premise, the Landlord may grant to the Tenant an extension a tenancy of the Demised Premises for such period as may be agreed between the parties a further term of a duration commencing immediately from the expiration of the Term said term at a rent to be mutually agreed upon but otherwise containing the like covenants and provision as are herein contained with the exception of the present covenants for renewal. MUTUAL COVENANT Provided always, it is hereby agreed between the parties hereto as follows:- If the rent shall at any time be unpaid for seven (7) days after the same becoming due and payable (whether formally demanded or not); or Any covenant on the Tenant’s part herein contained shall not be performed or observed; or If the Tenant shall have a receiving order made against him or shall have made any assignment for the benefit of his creditors; or Enters into any agreement or any arrangements with his creditor by composition or otherwise; or If the Tenant shall suffer any distress or attachment or execution to be levied against the Tenant’s goods; or If the Tenant shall go into liquidation whether compulsory or otherwise (save for the purpose of reconstruction or amalgamation) Then in any such cases it shall be lawful for the Landlord at any time thereafter to serve a forfeiture notice upon the same terms Tenant in accordance to the provisions of Section 235 of the National Land Code and it is hereby mutually and expressly agreed that any period of not less than seven (7) working days stipulated in the said forfeiture notice for the Tenant to remedy the breach specified or to make reasonable compensation in money therefore to the satisfaction of the Landlord or to settle any outstanding rent in a reasonable period and upon the expiration of the period specified in the said forfeiture notice if Tenant fails, refuse and/or neglect to remedy the breach specified or make the monetary compensation to the satisfaction of the Landlord or to settle all outstanding rent it shall be deemed that the tenancy hereby created and this Agreement shall have been terminated but without prejudice to the right of action by the Landlord in respect of any antecedent breach of the conditions as contained herein, PROVIDED ALWAYS THAT on the part of the Tenant herein contained. Acceptance of rent by the Landlord shall have the right not be deemed to review the Rent payable at operate as a mutually agreed rate and PROVIDED ALWAYS THAT such extension shall be subject to HDB’s approval (where applicable); Insurance d) to insure the Flat against loss or damage by fire and to pay all premium thereon punctually; Receipt e) to provide written acknowledgement if requested waiver by the Landlord of any right of action against the Tenant in respect of any breach of any of the Tenant, for Rent, Deposit ’s obligations hereunder. The Landlord shall not be liable to repay to the Tenant the cost and expense incurred by the Tenant on any other payments improvements made by the Tenant on the said Demised Premises and the Tenant shall not be entitled to claim for any reduction in the rent on account of such cost and expenses incurred by the Tenant. It is hereby agreed and confirmed that nothing herein contained shall give either party the right to terminate this agreement before the expiry of the term herein created save and except for any express provisions or elsewhere in the agreement. It is hereby agreed that the Tenant shall be allowed to conduct minor renovation on the Demised Premise to remove the current front plumbing fixture and reinstall the same to the Landlord; Maintenance of Premises f) shall take back end area, to remove all necessary steps tables and chairs and to keep remove the structural condition existing wall acrylic sign board of the FlatDemised Premise. The Landlord shall be entitled to impose interest on all overdue rental calculated daily at the rate of 1.5% per month, including but not limited commencing on the first (1st) day after the expiry of the fourteen (14) days after the due date until full and final realization thereof (before as well as after judgment, if any) EVENTS OF DEFAULT ON EARLY TERMINATION Two (2) months rental deposit as prescribed under Section 6 (a) of the First Schedule hereto shall be deemed forfeited in the event that the Tenant decides to terminate this agreement prior to the sanitary pipesexpiry of the agreed term hereto. In the event that the Landlord decides to terminate this agreement, electric wiring and devoid of any such concealed drains, pipes and conduits, in good and tenantable repair and condition. If an item is faulty and beyond repairbreach on the part of the Tenant, the Landlord shall bear refund the full cost deposit under Section 6 (a) of the First Schedule hereto and the utilities deposit under Section 6 (b) of the First schedule hereto with an additional of two (2) months rental sum to replace the item provided the fault is not due be paid to the acts or omissions Tenant free of the Tenant and/or the Tenant’s visitorsinterest thereon.

Appears in 1 contract

Samples: Tenancy Agreement

LANDLORD'S COVENANTS. 7.1 Landlord shall provide Tenant with a copy of all bills for Impositions promptly upon receipt thereof and in sufficient time for Tenant to examine same and determine whether Tenant desires to have Landlord contest the amount or validity of same. Landlord shall pay all Impositions that are levied or assessed by any lawful authority on the Premises and Landlord's other real property within the same tax parcel prior to the date same become overdue and Tenant shall reimburse Landlord for Tenant's Share thereof as provided for in this Article V. As used in this Article V, the term "Tenant's Share " shall mean a fraction, the numerator of which shall be the gross leaseable area of the square footage of Premises and the denominator of which shall be equal to the aggregate of the gross leaseable area of the square footage of all buildings on the tax parcel on which the Building is located. If Landlord is permitted to pay Impositions in installments, then, whether or not Landlord elects to pay the Impositions in installments, Tenant's Share of such Impositions shall be determined based upon the installments which would have been payable (including interest which would accrue thereon) had the installment method been elected. Landlord shall use commercially reasonable efforts to obtain and maintain in effect any available tax abatements, exemptions, refunds, rebates or credits that may reduce Impositions for the Premises, and the Impositions for any tax year shall mean such amounts as shall be finally determined to be the Impositions payable during such tax year less any abatements, exemptions, refunds, rebates or credits made thereof, plus any costs and expenses actually incurred by Landlord in achieving or effecting any abatements, exemptions, refunds, rebates or credits. The parties shall make appropriate adjustments to previous reimbursements from Tenant to Landlord on account of any abatements, refunds, rebates or credits immediately following the determination of the amount of such abatements, refunds, rebates or credits. Landlord covenants and agrees with the Tenant as follows: Taxes a) to pay all taxes, rate, assessments, conservancy charges and outgoings in respect of Impositions prior to the Flat except those last date that the Tenant has agreed to pay; Quiet Enjoyment b) provided that the Tenant same may be paid without penalty or interest, or if a discount shall punctually pay the Rent hereby reserved and observe and perform the conditions on his part to be observed and performedavailable for early payment, the Tenant shall peaceably HOLD AND ENJOY the Flat during the Term without any interruption by the Landlord; Extension of Tenancy c) that on the written request of Tenant made not less than two (2) months before the expiration of the Term and if there shall not at the time of such request be any existing breach or non- observance of any of the conditions of this Agreement, the Landlord may grant prior to the Tenant an extension for last day that such period as may be agreed between the parties from the expiration of the Term upon the same terms and conditions as contained herein, PROVIDED ALWAYS THAT the Landlord shall have the right discount is available. Without cost to review the Rent payable at a mutually agreed rate and PROVIDED ALWAYS THAT such extension shall be subject to HDB’s approval (where applicable); Insurance d) to insure the Flat against loss or damage by fire and to pay all premium thereon punctually; Receipt e) to provide written acknowledgement if requested by the Tenant, for Rent, Deposit and any other payments made by the Tenant to the Landlord; Maintenance of Premises f) shall take all necessary steps to keep the structural condition of the Flat, including but not limited to the sanitary pipes, electric wiring and any such concealed drains, pipes and conduits, in good and tenantable repair and condition. If an item is faulty and beyond repair, the Landlord shall bear the full cost all costs, including without limitation, interest, penalties, late charges and lost discount amounts, that are incurred as a result of (i) Landlord's failure to replace the item provided the fault is not due to the acts timely pay any installment of Impositions, or omissions (ii) keep any existing abatement, exemption, refund, rebate or credit of the Tenant and/or the Tenant’s visitorsImpositions in effect.

Appears in 1 contract

Samples: Industrial Lease Agreement (Mohawk Industries Inc)

LANDLORD'S COVENANTS. 7.1 The Landlord agrees covenants to deliver to Tenant upon the Delivery Date sole and exclusive possession of the Premises (subject, however, to Landlord's rights to enter the Premises to complete Landlord's Work and the Punchlist Items as provided in BIG 5 WAREHOUSE RIVERSIDE, CALIFORNIA Paragraph 1.4 above), frxx xxx xxxxx xx: (x) xxx xxxxxxx xxx xxxxxxnts (other than Tenant) and the rights of either; (ii) any violations of Applicable Laws; and (iii) all liens, encumbrances, easements, covenants, conditions and restrictions (collectively, "ENCUMBRANCES"), except for the following items (collectively, the "APPROVED TITLE EXCEPTIONS"): (A) those Encumbrances specified in Exhibit D attached hereto and made a part hereof (collectively, the "PERMITTED ENCUMBRANCES"); (B) any first priority deed of trust executed by Landlord as trustor in favor of an institutional lender as beneficiary in connection with any financing obtained by Landlord to acquire the Land or construct the Improvements (the "PERMITTED DEED OF TRUST"), subject, however, to Tenant's receipt of an executed SNDA from such lender pursuant to the provisions of Article 16 below; and (C) any utility and landscape easements (reasonably approved by Tenant) that are reasonably necessary to effect the Subdivision, complete Landlord's Work and/or provide utilities to and for the Premises (collectively, the "PERMITTED EASEMENTS"). In connection with the Tenant as follows: Taxes aforegoing, Landlord covenants that prior to the earlier of the Delivery Date and the Outside Subdivision Date, Landlord shall cause all Encumbrances recorded against the Property (other than the Approved Title Exceptions) to pay all taxesbe removed from record title to the Premises. With respect to any such utility easements proposed by Landlord pursuant to clause (C) hereinabove, rate, assessments, conservancy charges and outgoings in respect Tenant shall notify Landlord of Tenant's reasonable approval or disapproval thereof within five (5) days after Tenant's receipt from Landlord of the Flat except those that the Tenant has agreed to pay; Quiet Enjoyment b) provided that the Tenant shall punctually pay the Rent hereby reserved and observe and perform the conditions on his part to be observed and performed, the Tenant shall peaceably HOLD AND ENJOY the Flat during the Term without any interruption by the Landlord; Extension of Tenancy c) that on the written request of Tenant made not less than two (2) months before the expiration documents creating such proposed easements. Tenant's taking possession of the Term and if there Premises shall not at the time of such request be any existing breach or non- observance constitute a waiver of any defect in the Premises or of the conditions any breach by Landlord of Landlord's obligations under Exhibit C attached hereto. Landlord further covenants that Landlord will not, so long as this Agreement, the Landlord may grant to the Tenant an extension for such period as may be agreed between the parties from the expiration of the Term upon the same terms and conditions as contained herein, PROVIDED ALWAYS THAT the Landlord shall have the right to review the Rent payable at a mutually agreed rate and PROVIDED ALWAYS THAT such extension shall be subject to HDB’s approval (where applicable); Insurance d) to insure the Flat against loss or damage by fire and to pay all premium thereon punctually; Receipt e) to provide written acknowledgement if requested by the Tenant, for Rent, Deposit and any other payments made by the Tenant to the Landlord; Maintenance of Premises f) shall take all necessary steps to keep the structural condition of the Flat, including but not limited to the sanitary pipes, electric wiring and any such concealed drains, pipes and conduits, Lease is in good and tenantable repair and condition. If an item is faulty and beyond repair, the Landlord shall bear the full cost to replace the item provided the fault is not due to the acts or omissions of the Tenant and/or the Tenant’s visitors.effect:

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Big 5 Sporting Goods Corp)

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