LANDLORD OBLIGATION. Landlord agrees to: (A) maintain the property in compliance with all applicable state, county, and city laws and codes and the BYU-Idaho Uniform Physical Condition Standards as stated in the Approved Housing Guidebook; (B) provide furnishings and appliances in a safe, clean, and operable condition; (C) respond promptly to emergencies and maintenance requests; and (D) work with due diligence to correct any problems.
LANDLORD OBLIGATION. Landlord agrees from time to time during the Term at the request of Tenant, without additional consideration and upon condition that Tenant shall submit satisfactory documentation to Landlord that the easements, licenses, rights of way, or other rights and privileges so requested will not adversely affect the utilization of the Leased Premises or the valuation thereof: (i) to grant easements, licenses, rights of way (and other rights and privileges in the nature of easements) of such nature, extent and duration (including perpetual) as Tenant may request; (ii) to release existing easements and appurtenances which are for the benefit of the Leased Premises; and (iii) to execute and deliver any instrument necessary or appropriate to confirm such grants or releases to any person; in each of the foregoing instances (i), (ii) and (iii), the same to be without consideration, but only upon receipt by Landlord of and delivery of (x) a certificate of the President or a Vice President of Tenant stating (A) that such grant or release is not detrimental to the proper conduct of the business of Tenant on the Leased Premises, (B) that such grant or release does not materially impair the effective use of the Leased Premises for its intended purposes or materially and adversely affect its value; (y) a duly authorized undertaking of Tenant, in form and substance satisfactory to Landlord, to the effect that Tenant will remain obligated hereunder to the same extent as if such grant or release had not been made; and (z) such instruments, certificates (including evidence of authority) and opinions as Landlord may reasonably request.
LANDLORD OBLIGATION. Landlord and Tenant hereby agree that Landlord shall, without limitation, perform all maintenance, repairs and replacements to the Building and/or the Property that are Capital Expenses, including but not limited to the structural portions of the Building and all equipment and systems serving the Building and/or the Property. 5.2
LANDLORD OBLIGATION. Landlord agrees to remediate or encapsulate any Hazardous Materials existing in the Premises as of the date of this Lease to the extent that Landlord's failure to so remediate would be in violation of applicable law and would prohibit Tenant from obtaining or maintaining a certificate of occupancy for the Premises, or would unreasonably and materially affect the safety of Tenant's employees or create a significant health hazard for Tenant's employees, or would otherwise materially and adversely affect Tenant's use of or access to the Premises.
LANDLORD OBLIGATION and to pay all costs associated with said tenant obligations; to place garbage and refuse in containers and to prevent any unsanitary conditions from arising on the premises; and to abide by all local and state health, sanitary, recycling and refuse disposal regulations; Lessee is to be responsible for all fines or damages to Lessor as a direct result of Xxxxxx's failure to abide by said regulations. Xxxxxx's failure after warning to conform to refuse collection or mandatory recycling regulations of the town or state, upon second or subsequent violation, shall constitute good and sufficient grounds to terminate lease.
LANDLORD OBLIGATION. Landlord is not required to furnish to Lessee, the Premises, or the Improvements any facilities, utilities, or services of any kind whatsoever during the Term, such as, but not limited to, water, sanitary sewer, storm sewer, gas, electric, telephone, cable, garbage pickup, or any other utilities or services used by Lessee. Landlord is not required to make any alterations, rebuildings, replacements, changes, additions, improvements, or repairs to any portion of the Premises or the Improvements during the Term.
LANDLORD OBLIGATION. Landlord ensures a safe and conduc- tive atmosphere for learning and privacy for all within the Premis- es in which Housing is located. Such obligation does not include any nuisance which may occur do to maintenance or construction of premises that Landlord, his agents, workers or contractors must carry out for the safety, maintenance, or construction of premises. Landlord is not liable for any act or negligence of any trespasser.
LANDLORD OBLIGATION. Landlord, upon providing Tenant any notice of: (i) any Event of Default under this Lease, or (ii) a termination of this Lease to the extent permitted herein, shall at the same time provide a copy of such notice to every Leasehold Mortgagee at the address last provided to Landlord. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent to every Leasehold Mortgagee at the address last provided to Landlord; provided that the failure by Landlord to give such notice shall not subject Landlord to any liability or claim for damages, but shall only restrict its rights to terminate this Lease, as provided herein. From and after such notice having been given to a Leasehold Mortgagee, such Leasehold Mortgagee shall have the same period for remedying any default or causing the same to be remedied (but shall have no obligation to remedy or cause the remedy of any default), as is given Tenant after the giving of such notice to Tenant, plus, as applicable, the additional periods of time specified in Section 24.6 to remedy, commence remedying or cause to be remedied the defaults specified in any such notice. Landlord shall accept such performance by or at the instigation of such Leasehold Mortgagee as if the same had been done by Tenant. Each Leasehold Mortgagee may take any such action at such Leasehold Mortgagee’s option, and Tenant does hereby authorize entry upon the Property by the Leasehold Mortgagee for such purpose, under and subject to the provisions of this Lease.
LANDLORD OBLIGATION. Landlord shall use commercially reasonable efforts to obtain and deliver to Tenant a certification from a third-party certified firm certifying that the Premises are rendered free of personal exposure hazards as defined by the OSHA PEL standards and otherwise free of Hazardous Substances (the “No-Contamination Certification”). Prior to April 1, 2021 a third party will do a baseline assessment of current lead levels. A phase II environmental site assessment report has been ordered by a thirty-party environmental assessment group. Landlord agrees that it shall provide such phase II environmental assessment to Tenant by not later than August 31, 2021 (the “Outside Certification Delivery Date”). Notwithstanding the foregoing, the Outside Certification Delivery Date shall be extended on a day for day basis for each day of delay caused by the acts or omission of Tenant or its agents or employees. If the Landlord fails to deliver the No-Contamination Certification by the Outside Certification Delivery Date, then Tenant shall have the right, as its sole and exclusive remedy, to terminate this Lease by delivering written notice thereof to Landlord within sixty (60) days following the Outside Certification Delivery Date; provided that Tenant shall not have the right to terminate this Lease if Landlord delivers the No-Contamination Certification prior to Tenant’s delivery of such termination notice.
LANDLORD OBLIGATION. Landlord shall be under no obligation to make any repairs, alterations, or improvements to the Premises or any part thereof at any time except as in this Lease expressly provided. Landlord shall be responsible for maintaining and keeping in good service, condition and repair consistent with a first-class office building all common areas at the Property, including but not limited to the roof, exterior portions of the Building, the landscaped areas, retention/detention facilities, lighting fixtures and equipment, loading areas, parking lots and sidewalks, all interior portions of the Building which are not part of the Premises or any other tenant's demised premises and all structural supports and elements of the Premises and the Building. Landlord shall provide trash storage and removal services as is customary for similar buildings in the metropolitan Honolulu area, including but not limited to emptying the compactor on a regular basis and keeping the trash area in a sightly manner. Landlord agrees, at Landlord's expense, subject to Paragraph 4, to perform all maintenance and to make all necessary repairs, replacements and substitutions, to keep the Building and the Premises and fixtures thereon in good condition and repair, except for such repairs and maintenance to the Premises as are required of Tenant pursuant to the terms and provisions of this Lease.
