Common use of ADDITIONAL OBLIGATIONS OF TENANT Clause in Contracts

ADDITIONAL OBLIGATIONS OF TENANT. The purpose of Paragraphs 8(a) and 8(b) is to define the obligations of Landlord and Tenant to perform various repair and maintenance functions; the allocation of the costs therefor are covered under this Paragraph 8(c) and Paragraph 4. Tenant shall be responsible for Tenant’s Share of all costs incurred by Landlord in connection Landlord’s obligations under Paragraph 8(a), which costs shall be payable by Tenant as Additional Charges in accordance with Paragraph 4(b) to the extent they are properly included in Expenses thereunder. In addition, Tenant shall pay all costs incurred in connection with Tenant’s obligations under Paragraph 8(b). Further, notwithstanding anything to the contrary in this Paragraph 8 or elsewhere in this Lease, Tenant shall bear the full cost of repairs or maintenance, interior or exterior, structural or otherwise, to preserve each Building in good working order and first-class condition, arising out of (i) the existence, installation, use or operation of the Tenant Improvements, any Alterations, or any of Tenant’s Trade Fixtures or personal property; (ii) the moving of Tenant’s property or fixtures in or out of the Building or Project or in and about the Premises; (iii) the acts, omissions or negligence of any of the Tenant Parties, or (iv) the particular use or particular occupancy or manner of use or occupancy of the Premises by Tenant or any such person. All costs payable by Tenant in connection therewith, to the extent such costs are incurred by Landlord but payable by Tenant, shall be considered Additional Charges and shall be payable to Landlord by Tenant on demand with interest at the Default Rate accruing from the date Landlord incurs such costs. Any Alterations required with respect to Tenant’s responsibilities pursuant to this Paragraph 8(c) shall be made in accordance with Paragraph 7.

Appears in 3 contracts

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

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ADDITIONAL OBLIGATIONS OF TENANT. The purpose of Paragraphs 8(aParagraph 7(a) and 8(b7(b) is to define the obligations of Landlord and Tenant to perform various repair and maintenance functions; the allocation of the costs therefor are covered under this Paragraph 8(c7(c) and Paragraph 43. Tenant Prior to Reinstatement or Occupancy, Landlord shall bear the full cost of repairs and maintenance to the Building (except for Alterations and matters described in the following sentence, which shall be responsible for Tenant’s Share of all costs incurred by Landlord in connection Landlord’s obligations under Paragraph 8(a), which costs shall be payable by Tenant as Additional Charges in accordance with Paragraph 4(b) to the extent they are properly included in Expenses thereunder. In addition, Tenant shall pay all costs incurred in connection with Tenant’s obligations under Paragraph 8(b's responsibility). Further, notwithstanding anything to the contrary in this Paragraph 8 or elsewhere in this LeaseAt all times, Tenant shall bear the full cost of repairs or maintenance, interior or exterior, structural or otherwise, to preserve each the Premises and the Building in good working order and first-class condition, arising out of (i) the existence, installation, use or operation of the Tenant Improvements, any Alterations, or any of Tenant’s 's Trade Fixtures or personal property; (ii) the moving of Tenant’s 's property or fixtures in or out of the Building or Project or in and about the PremisesPremises or Building; (iii) the acts, omissions or negligence of any of the Tenant Parties, or (iv) the particular use or particular occupancy or manner of use or occupancy of the Premises or Building by any Tenant Party; or any such person. All costs payable by Tenant in connection therewith, (iv) except to the extent such costs any claims arising from any of the foregoing are incurred reimbursed by Landlord but payable insurance carried by TenantLandlord, shall be considered Additional Charges and shall be payable to Landlord are covered by the waiver of subrogation in Paragraph 11 or are otherwise provided for in Paragraph 20, the acts, omissions or negligence of any Tenant on demand with interest at the Default Rate accruing from the date Landlord incurs such costsParties. Any Alterations required In addition, with respect to Tenant’s responsibilities pursuant Landlord's obligations regarding the Building Systems, (x) the cost of any replacement of any portion of the Building Systems which occurs prior to this Paragraph 8(c) Reinstatement or Occupancy shall be made amortized in accordance with Paragraph 73(c)(i)(E)(v) and the portion of such amortization that is attributable to the period of time after Reinstatement or Occupancy shall be payable by Tenant as an Expense in the same manner as other capital expenditures, (y) Tenant's Share of the entire cost of any replacement of any portion of the Building Systems which occurs after Reinstatement but prior to the fifteenth anniversary of the Commencement Date shall be due and payable by Tenant upon Landlord's demand, and (z) Tenant's Share of the cost of any replacement of any portion of the Building Systems which occurs at any time after the fifteenth anniversary of the Commencement Date and which would be considered a capital expenditure shall be amortized in accordance with Paragraph 3(c)(i)(E)(v) and payable by Tenant as an Expense.

Appears in 1 contract

Samples: Lease Agreement (Handspring Inc)

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