Common use of Condition of Premises Repairs Clause in Contracts

Condition of Premises Repairs. (a) At the expiration or other termination of this Lease or of Tenant's right of possession, Tenant shall leave the Premises, and during the Term will keep the same, in reasonably good order and condition, ordinary wear and tear, damage by fire or other casualty and repairs, replacements and other work, repairs, maintenance or damage which is the responsibility of Landlord excepted; and for that purpose, Tenant shall make all necessary repairs and replacements. Tenant shall give Landlord prompt notice of any damage to or accident upon the Premises and of any breakage or defects in the window glass, wires or plumbing, heating, ventilating or cooling or electrical apparatus or systems on or serving the Premises. Tenant shall at the expiration or termination of this Lease or of Tenant's right of possession, also have had removed from the Premises all furniture, trade fixtures, office equipment and all other items of Tenant's property, subject to Tenant's rights to leave certain improvements in place as set forth in this Paragraph and in Paragraph 8 below, so that Landlord may again have and repossess the Premises; provided that Tenant shall not be required to remove any of its improvements to the Premises in the nature of flooring, carpeting or ceiling; and provided further that Tenant shall not be required to (but may) remove any wiring, cabling, conduit, partitions, built-ins or, without limiting the foregoing, other items which are commonly installed by office and administrative tenants to the extent installed in connection with the Tenant's Work or any replacement thereof. Tenant shall comply with all laws, rules, orders, ordinances and regulations at any time issued or in force by any lawful authority, applicable to Tenant or any other occupant of the Premises, or to the Premises, or to the use or occupancy of the Premises, except that Landlord shall comply with all such laws, rules, orders, ordinances and regulations which are of general applicability to office tenancies in the Building (the cost of compliance by Landlord to constitute an Operating Expense except as otherwise set forth in this Lease). Tenant shall repair, at or before expiration or termination of this Lease or of Tenant's right of possession, all damage done to the Premises or any other part of the Building by installation or removal of furniture and property by Tenant or any subtenant or any agent, employee or invitee of Tenant or any subtenant (not including such damage within the Premises that, in Landlord's sole determination, would have no material impact on Landlord's re-letting of the Premises). Tenant shall, upon demand, pay to Landlord the amount of any damages suffered or incurred by Landlord as a result of any injury to any part of the Property other than the Premises, done by Tenant or any subtenant or any agent, employee or invitee of Tenant or any subtenant, subject to the provisions of Paragraph 10 hereof. Tenant shall not do or commit, or suffer or permit to be done or committed, any act or thing as a result of which any policy of insurance of any kind on or in connection with the Property shall become void or suspended, or any insurance risk on or in connection with the Building or any other portion of the Property shall (in the opinion of the insurer or any insurance organization) be rendered more hazardous than for general office and administrative use, unless Tenant shall agree to pay and pays the incremental additional premium necessitated for the maintenance of such insurance. Without limitation of all other rights and remedies of Landlord, Tenant shall pay as additional rent the amount of any increase of premiums for such insurance, resulting from any breach of this provision.

Appears in 1 contract

Samples: Agreement of Lease (American Business Financial Services Inc /De/)

AutoNDA by SimpleDocs

Condition of Premises Repairs. The parties hereto acknowledge and agree that Sublessor is subleasing the Premises on an “as is” basis, and that neither Sublessor not any party on behalf of Sublessor has made any representations or warranties of any kind with respect to the condition of the Premises. Notwithstanding the foregoing, Sublessor shall deliver both halves of the Premises to Sublessee unoccupied and free and clear of all tenancies and rights to possession, in broom clean condition. On the First Delivery Date or the Second Delivery Date as applicable, the heating, ventilating and air conditioning (a“HVAC”) At system, and the expiration electrical, plumbing, sewer, and life safety systems (collectively, “Building Systems”) serving the relevant portion of the Premises shall be in good working condition. If, during the first thirty (30) days after the First Delivery Date and the Second Delivery Date, respectively, any Building System is not in the condition required by the foregoing sentence for any reason other than that caused by Sublessee, Sublessee shall notify Sublessor of the need for repair, and, at no cost to Sublessee, the repair shall be completed by Sublessor, if such repair is the obligation of Sublessor under the Master Lease, or, if the repair is not Sublessor’s obligation under the Master Lease, Sublessee shall cooperate with Sublessor in obtaining the repair of such item by Master Lessor in accordance with Paragraph 13, below. Except as expressly set forth in this Sublease, Sublessor shall have no obligation whatsoever to make or pay the cost of any alterations, improvements or repairs to the Premises, including, without limitation, any improvement or repair required to comply with any law, regulation, building code or ordinance (including, without limitation, the Americans With Disabilities Act of 1990 (“ADA”)). Subject to Paragraph 13 below, Sublessee shall look solely to the Master Lessor for performance of any repairs required to be performed by Master Lessor under the terms of the Master Lease and acknowledges that Sublessor shall have no obligation to perform any repair or improvements of any kind for Sublessee. Sublessee agrees that, except as expressly set forth in this Sublease, by taking possession of the Premises on the First Delivery Date and the Second Delivery Date, respectively, Sublessee shall be deemed to have accepted the Premises in their existing, “as is” condition and state of repair, that Sublessor shall not be liable for Master Lessor’s failure to discharge such obligations and that any such failure by Master Lessor shall not give rise to any rights or remedies hereunder other termination than as expressly set forth in this Sublease. Sublessee acknowledges and agrees that, except as expressly set forth in this Sublease, neither Sublessor nor any of Sublessor’s agents, representatives or employees has made any representations regarding (i) the condition of the Premises, (ii) the compliance of the Premises with any law, ordinance, rule or regulation or (iii) the fitness or suitability of the Premises for Sublessee’s intended use or any other purpose. Subject to the other terms of this Lease or Sublease, Sublessee hereby accepts the Premises and all improvements thereon, in their existing condition, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of Tenant's right of possession, Tenant shall leave the Premises, and during the Term will keep the sameany covenants or restrictions of record, in reasonably good order and condition, ordinary wear and tear, damage by fire or other casualty and repairs, replacements and other work, repairs, maintenance or damage which is the responsibility of Landlord excepted; and for that purpose, Tenant shall make all necessary repairs and replacements. Tenant shall give Landlord prompt notice of any damage to or accident upon the Premises and of any breakage or defects in the window glass, wires or plumbing, heating, ventilating or cooling or electrical apparatus or systems on or serving the Premises. Tenant shall at the expiration or termination of accepts this Lease or of Tenant's right of possession, also have had removed from the Premises all furniture, trade fixtures, office equipment and all other items of Tenant's property, Sublease subject to Tenant's rights all of the foregoing and to leave certain improvements in place as set forth all matters disclosed in this Paragraph and in Paragraph 8 below, so that Landlord may again have and repossess the Premises; provided that Tenant shall not be required to remove any of its improvements to the Premises in the nature of flooring, carpeting or ceiling; and provided further that Tenant shall not be required to (but may) remove any wiring, cabling, conduit, partitions, built-ins or, without limiting the foregoing, other items which are commonly installed by office and administrative tenants to the extent installed in connection with the Tenant's Work or any replacement thereof. Tenant shall comply with all laws, rules, orders, ordinances and regulations at any time issued or in force by any lawful authority, applicable to Tenant or any other occupant of the Premises, or to the Premises, or to the use or occupancy of the Premises, except that Landlord shall comply with all such laws, rules, orders, ordinances and regulations which are of general applicability to office tenancies in the Building (the cost of compliance by Landlord to constitute an Operating Expense except as otherwise set forth in this Lease). Tenant shall repair, at or before expiration or termination of this Lease or of Tenant's right of possession, all damage done to the Premises or any other part of the Building by installation or removal of furniture and property by Tenant or any subtenant or any agent, employee or invitee of Tenant or any subtenant (not including such damage within the Premises that, in Landlord's sole determination, would have no material impact on Landlord's re-letting of the Premises). Tenant shall, upon demand, pay to Landlord the amount of any damages suffered or incurred by Landlord as a result of any injury to any part of the Property other than the Premises, done by Tenant or any subtenant or any agent, employee or invitee of Tenant or any subtenant, subject to the provisions of Paragraph 10 hereof. Tenant shall not do or commit, or suffer or permit to be done or committed, any act or thing as a result of which any policy of insurance of any kind on or in connection with the Property shall become void or suspended, or any insurance risk on or in connection with the Building or any other portion of the Property shall (in the opinion of the insurer or any insurance organization) be rendered more hazardous than for general office and administrative use, unless Tenant shall agree to pay and pays the incremental additional premium necessitated for the maintenance of such insurance. Without limitation of all other rights and remedies of Landlord, Tenant shall pay as additional rent the amount of any increase of premiums for such insurance, resulting from any breach of this provisionSublease.

Appears in 1 contract

Samples: Sublease (Netiq Corp)

Condition of Premises Repairs. (a) At The Leased Premises are leased to the expiration Tenant in the CONDITION AS IS. Taking possession of the Leased Premises by Tenant shall be conclusive evidence as against Tenant that the Leased Premises are in satisfactory, condition when possession was so taken. Except as stated herein, no promises of Landlord to alter, remodel, improve, repair, decorate or other termination clean the Leased Premises or any part thereof have been made, and no representation respecting the condition of this Lease the Leased Premises, has been made to Tenant by or on behalf of TenantLandlord. Except for any damage resulting from the negligence or willful acts of Landlord or Landlord's right of possessionagents, Tenant shall leave at its own expense keep the improvements located on the Leased Premises in good operating condition, including replacement if necessary, and tenantable condition together with the air conditioning and heating system and shall promptly and adequately repair all damage to such Leased Premises, including but not limited to, replacing or repairing all damaged or broken glass, fixtures and appurtenances. Landlord, its officers, agents and representatives shall have the right to enter all parts of the Leased Premises during regular business hours and upon forty-eight (48) hours notice to Tenant to inspect the Term will keep the same, in reasonably good order Leased Premises and condition, ordinary wear and tear, damage by fire or other casualty and repairs, replacements and other work, repairs, maintenance or damage which is the responsibility of Landlord excepted; and for that purpose, Tenant shall make all necessary repairs and replacementsnot be entitled to any abatement or reduction of rent by reason thereof as long as such inspection is done in a manner as to not interfere with Tenant's business operations. Tenant shall give Landlord prompt notice be responsible for installation, maintenance and repair of any damage to or accident upon security system desired for the Leased Premises as well as for the electrical and plumbing systems within the Leased Premises and of for the air conditioning and heating system. Tenant, at its sole expense, shall promptly replace and maintain any breakage or defects in lighting located on the window glass, wires or plumbing, heating, ventilating or cooling or electrical apparatus or systems on or serving the Leased Premises. Tenant shall at the expiration or termination of this Lease or of Tenant's right of possession, also have had removed from the Premises all furniture, trade fixtures, office equipment maintain in good operating condition any water fixtures and all other items of Tenant's property, subject to Tenant's rights to leave certain improvements in place as set forth in this Paragraph and in Paragraph 8 below, so that Landlord may again have and repossess the Premises; provided that Tenant shall not be required to remove any of its improvements to the Premises in the nature of flooring, carpeting or ceiling; and provided further that Tenant shall not be required to (but may) remove any wiring, cabling, conduit, partitions, built-ins or, without limiting the foregoing, other items which are commonly installed by office and administrative tenants to the extent installed in connection with the Tenant's Work or any replacement thereof. Tenant shall comply with all laws, rules, orders, ordinances and regulations at any time issued or in force by any lawful authority, applicable to Tenant or any other occupant of the Premises, or to the Premises, or to the use or occupancy of the Premises, except that Landlord shall comply with all such laws, rules, orders, ordinances and regulations which are of general applicability to office tenancies in the Building (the cost of compliance by Landlord to constitute an Operating Expense except as otherwise set forth in this Lease). Tenant shall repair, at or before expiration or termination of this Lease or of Tenant's right of possession, all damage done to the Premises or any other part of the Building by installation or removal of furniture and property by Tenant or any subtenant or any agent, employee or invitee of Tenant or any subtenant (not including such damage plumbing within the Leased Premises that, in Landlord's sole determination, would have no material impact on Landlord's re-letting of the Premises). Tenant shall, upon demand, pay to Landlord the amount of and shall be solely responsible for any damages suffered or additional cost incurred by Landlord as a result of any injury due to any part of leaks from fixtures within the Property other than the Leased Premises, done by Tenant or any subtenant or any agent, employee or invitee of Tenant or any subtenant, subject to the provisions of Paragraph 10 hereof. Tenant shall not do or commit, or suffer or permit to be done or committed, any act or thing as a result of which any policy of insurance of any kind on or in connection with the Property shall become void or suspended, or any insurance risk on or in connection with the Building or any other portion of the Property shall (in the opinion of the insurer or any insurance organization) be rendered more hazardous than for general office and administrative use, unless Tenant shall agree to pay and pays the incremental additional premium necessitated for the maintenance of such insurance. Without limitation of all other rights and remedies of Landlord, Tenant shall pay as additional rent the amount of any increase of premiums for such insurance, resulting from any breach of this provision.

Appears in 1 contract

Samples: Lease Agreement (MST Enterprises Inc)

AutoNDA by SimpleDocs

Condition of Premises Repairs. (a) At The Leased Premises are leased to the expiration Tenant in the CONDITION AS IS. Taking possession of the Leased Premises by Tenant shall be conclusive evidence as against Tenant that the Leased Premises are in satisfactory condition when possession was so taken. Except as stated herein, no promises of Landlord to alter, remodel, improve, repair decorate or other termination clean the Leased Premises or any part thereof have been made, and no representation respecting the condition of this Lease the Leased Premises has been made to Tenant by or on behalf of TenantLandlord. Except for any damage resulting from the negligence or willful acts of Landlord or Landlord's right of possessionagents, Tenant shall leave at its own expense keep the Premisesimprovements located on the leased Premises in good operating condition, including replacement, if necessary, and during tenantable condition together with the Term will keep the same, in reasonably good order air conditioning and condition, ordinary wear heating system and tear, damage by fire or other casualty shall promptly and repairs, replacements and other work, repairs, maintenance or damage which is the responsibility of Landlord excepted; and for that purpose, Tenant shall make adequately repair all necessary repairs and replacements. Tenant shall give Landlord prompt notice of any damage to such Leased premises, including but not limited to, replacing or accident repairing all damaged or broken glass, fixtures and appurtenances. Landlord, its officers, agents and representatives shall have the right to enter all parts of the Leased Premises during regular business hours and upon forty-eight (48) hours notice to Tenant to inspect the Leased Premises and of any breakage or defects in the window glass, wires or plumbing, heating, ventilating or cooling or electrical apparatus or systems on or serving the Premises. Tenant shall at the expiration or termination of this Lease or of Tenant's right of possession, also have had removed from the Premises all furniture, trade fixtures, office equipment and all other items of Tenant's property, subject to Tenant's rights to leave certain improvements in place as set forth in this Paragraph and in Paragraph 8 below, so that Landlord may again have and repossess the Premises; provided that Tenant shall not be required entitled to remove any abatement or reduction of its improvements rent by reason thereof as long as such inspection is done in a manner as to the Premises in the nature of flooring, carpeting or ceiling; and provided further that Tenant shall not be required to (but may) remove any wiring, cabling, conduit, partitions, built-ins or, without limiting the foregoing, other items which are commonly installed by office and administrative tenants to the extent installed in connection interfere with the Tenant's Work or any replacement thereofbusiness operations. Tenant shall comply with all lawsbe responsible for installation, rulesmaintenance and repair of any security system desired for the Leased Premises as well as for the electrical and plumbing systems within the Leased Premises and for the air conditioning and heating system. Tenant, ordersat its sole expense, ordinances shall promptly replace and regulations at maintain any time issued or in force by any lawful authority, applicable to Tenant or any other occupant of lighting located on the Premises, or to the Premises, or to the use or occupancy of the Premises, except that Landlord shall comply with all such laws, rules, orders, ordinances and regulations which are of general applicability to office tenancies in the Building (the cost of compliance by Landlord to constitute an Operating Expense except as otherwise set forth in this Lease)leased premises. Tenant shall repair, at or before expiration or termination of this Lease or of Tenant's right of possession, all damage done to the Premises or maintain in good operating condition any other part of the Building by installation or removal of furniture water fixtures and property by Tenant or any subtenant or any agent, employee or invitee of Tenant or any subtenant (not including such damage plumbing within the Premises that, in Landlord's sole determination, would have no material impact on Landlord's re-letting of the Premises). Tenant shall, upon demand, pay to Landlord the amount of Leased premises and shall be solely responsible for any damages suffered or additional cost incurred by Landlord as a result of any injury due to any part of leaks from fixtures within the Property other than the Leased Premises, done by Tenant or any subtenant or any agent, employee or invitee of Tenant or any subtenant, subject to the provisions of Paragraph 10 hereof. Tenant shall not do or commit, or suffer or permit to be done or committed, any act or thing as a result of which any policy of insurance of any kind on or in connection with the Property shall become void or suspended, or any insurance risk on or in connection with the Building or any other portion of the Property shall (in the opinion of the insurer or any insurance organization) be rendered more hazardous than for general office and administrative use, unless Tenant shall agree to pay and pays the incremental additional premium necessitated for the maintenance of such insurance. Without limitation of all other rights and remedies of Landlord, Tenant shall pay as additional rent the amount of any increase of premiums for such insurance, resulting from any breach of this provision.

Appears in 1 contract

Samples: Lease Agreement (MST Enterprises Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.