LANDLORD. Anything contained in Section 13.1 above to the contrary notwithstanding, as items of Operating Expenses, Landlord shall repair and maintain the structural portions of the Building, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building or to mechanical equipment within the Building performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s property, fixtures and equipment, (iii) the moving of Tenant’s property in or out of the Building or in and about the Premises, (iv) Tenant’s use or occupancy of the Premises in violation of Section 6 of this Lease or in a manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 of this Lease or (vii) condemnation, except as provided in Section 22 of this Lease. Landlord shall have no” obligation to make repairs under this Section 13.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Code.
Appears in 2 contracts
Samples: Office Building Lease (Rimini Street, Inc.), Office Building Lease (Rimini Street, Inc.)
LANDLORD. Anything contained in Section 13.1 above to the contrary notwithstanding, as items of Operating Expenses, Landlord shall repair and maintain the exterior and structural portions parts of the Building including without limitation the foundations, structural loadbearing columns and walls of the Building, including the foundations and roof, roof structure, roof membranes and exterior walls; the utility pipes, wiring and conduits to their point of connection to the Premises; the sidewalks; and the structural or capital aspects of the parking area so that all of the foregoing are kept in good order and repair. To the extent any of the foregoing are capital improvements or capital assets, the same shall be subject to the limitations set forth in Section 4.1 (a)(ii)(B)(f). Landlord shall repair and maintain have the basic plumbingright, elevatorsupon at least thirty (30) days prior written notice to Tenant, life safety systems and other building systemsto cause to be performed or provided, heatingas the case may be, ventilatingas an Operating Expense, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to the Premisesany of Tenant’s obligations set forth in Section 13.1 above. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building or to mechanical equipment within the Building performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s property, fixtures and equipment, (iii) the moving of Tenant’s property in or out of the Building or in and about the Premises, (iv) Tenant’s use or occupancy of the Premises in violation of Section 6 of this Lease or in a manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 of this Lease or (vii) condemnation, except as provided in Section 22 of this Lease. Landlord shall have no” obligation to make repairs under this Section 13.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Code.or
Appears in 1 contract
Samples: Lease (Hansen Medical Inc)
LANDLORD. Anything contained in Section Article 13.1 above to the contrary notwithstanding, as items of Operating Expenses, Landlord shall repair and maintain the structural portions of the BuildingPremises, including the foundations foundations, exterior walls (excluding exterior windows, which shall be Tenant's responsibility) and roof structure. Landlord shall repair structure and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlordmembrane, and perform roof repair and maintenance to the Premisesall HVAC equipment. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building Premises or to mechanical equipment within the Building Premises performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s 's property, fixtures and equipment, (iii) the moving of Tenant’s property 's Property in or out of the Building or in and about the Premises, (iv) Tenant’s 's use or occupancy of the Premises in violation of Section Article 6 of this Lease or in a manner not contemplated by the parties at the time of the execution of this Lease, (v) the negligent or wrongful acts or omissions of Tenant or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, a “"Tenant Party” " and collectively, “"Tenant’s 's Parties”"), (vi) fire and other casualty, except as provided by Section Article 21 of this Lease or (vii) condemnation, except as provided in Section Article 22 of this Lease. Landlord shall have no” no obligation to make repairs under this Section Article 13.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements and the E&L Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint (except the exterior walls) any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s 's use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building Premises and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections Articles 1941 and 1942 of the California Civil Code, except as set forth in Section 25.3 hereof.
Appears in 1 contract
Samples: Article 16 (Xicor Inc)
LANDLORD. Anything contained in Section Article 13.1 above to the contrary notwithstanding, as items of Operating Expenses, Landlord shall repair and maintain the structural portions of the BuildingPremises, including the foundations and roof structure. Landlord structure and shall repair and maintain contract for the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to washing of the Premisesexternal surfaces of windows in the Premises no less than once every ninety (90) days (provided that Tenant is not in Default). Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building Premises or to mechanical equipment within the Building Premises performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s property, fixtures and equipment, (iii) the moving of Tenant’s property in or out of the Building or in and about the Premises, (iv) Tenant’s use or occupancy of the Premises in violation of Section Article 6 of this Lease or in a manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section Article 21 of this Lease or (vii) condemnation, except as provided in Section Article 22 of this Lease. Landlord shall have no” no obligation to make repairs under this Section Article 13.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Lease Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building Premises and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections Articles 1941 and 1942 of the California Civil Code.
Appears in 1 contract
Samples: Lease (Macrovision Corp)
LANDLORD. Anything contained in Section 13.1 above to the contrary notwithstanding, as items of Operating Expenses, Landlord shall repair and maintain the structural portions of the Building, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building or to mechanical equipment within the Building performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s 's property, fixtures and equipment, (iii) the moving of Tenant’s 's property in or out of the Building or in and about the Premises, (iv) Tenant’s 's use or occupancy of the Premises in violation of Section 6 of this Lease or in a manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, a “"Tenant Party” " and collectively, “"Tenant’s 's Parties”"), (vi) fire and other casualty, except as provided by Section 21 of this Lease or (vii) condemnation, except as provided in Section 22 of this Lease. Landlord shall have no” no obligation to make repairs under this Section 13.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s 's use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Code.
Appears in 1 contract
Samples: Office Lease (Rimini Street, Inc.)
LANDLORD. Anything contained in Section 13.1 above Landlord shall, subject to the contrary notwithstandingfollowing sentence, as items of Operating Expenses, Landlord shall repair and maintain -------- the structural portions of the Buildingroof, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlordfoundation, and perform roof repair load-bearing portions of walls (excluding wall coverings, painting, glass and maintenance to the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice doors) of the need of such repairs or maintenance is given to Landlord by TenantImprovements. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building Improvements or to mechanical equipment within the Building Improvements performed by, for or on behalf of, because of Tenant or to special equipment or systems installed by, for or on behalf of, because of Tenant, (ii) the installation, use or operation of Tenant’s 's property, fixtures and equipment, (iii) the moving of Tenant’s 's property in or out of the Building Improvements or in and about the Premises, (iv) Tenant’s 's use or occupancy of the Premises in violation of Section 6 10 of this Lease or in a the manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any and Xxxxxx's employees, agents, customers, visitors, invitees, licenseessubtenants, licensees or contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 12 of this Lease or (vii) condemnation, except as provided in Section 22 13 of this Lease. Landlord shall have no” obligation to make repairs under this Section 13.2 until a reasonable time 8.1 as soon as reasonably practicable after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant procure and maintain, at Tenant's expense, regularly scheduled preventive maintenance/service contracts for injury or damage that may result from any defect in (i) the construction or condition maintenance and repair of the Premisesfire detection and sprinkler system, nor for any damage that may result from interruption of Tenant’s use and (ii) the regular and routine maintenance and annual inspection of the Premises during any repairs by Landlordroof membrane. Tenant shall reimburse Landlord upon thirty (30) days written notice for the reasonable cost thereof. Tenant waives any right to repair the Premises, the Building and/or the Common Area Premises at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Codeapplicable governmental laws, ordinances, statutes, orders or regulations now or hereafter in effect which might otherwise apply.
Appears in 1 contract
LANDLORD. Anything contained in Section 13.1 above Landlord shall, subject to the contrary notwithstandingfollowing sentence, as items of Operating Expenses, Landlord shall repair and maintain -------- the structural portions of the Buildingroof, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlordfoundation, and perform roof repair load-bearing portions of walls (excluding wall coverings, painting, glass and maintenance to the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice doors) of the need of such repairs or maintenance is given to Landlord by TenantImprovements. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building Improvements or to mechanical equipment within the Building Improvements performed by, for or on behalf of, because of Tenant or to special equipment or systems installed by, for or on behalf of, because of Tenant, (ii) the installation, use or operation of Tenant’s 's property, fixtures and equipment, (iii) the moving of Tenant’s 's property in or out of the Building Improvements or in and about the Premises, (iv) Tenant’s 's use or occupancy of the Premises in violation of Section 6 l0 of this Lease or in a the manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any and Xxxxxx's employees, agents, customers, visitors, invitees, licenseessubtenants, licensees or contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 12 of this Lease or (vii) condemnation, except as provided in Section 22 13 of this Lease. Landlord shall have no” obligation to make repairs under this Section 13.2 until a reasonable time 8.1 as soon as reasonably practicable after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant procure and maintain, at Tenant's expense, regularly scheduled preventive maintenance/service contracts for injury or damage that may result from any defect in (i) the construction or condition maintenance and repair of the Premisesfire detection and sprinkler system, nor for any damage that may result from interruption of Tenant’s use and (ii) the regular and routine maintenance and annual inspection of the Premises during any repairs by Landlordroof membrane. Tenant shall reimburse Landlord upon thirty (30) days written notice for the reasonable cost thereof. Tenant waives any right to repair the Premises, the Building and/or the Common Area Premises at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Codeapplicable governmental laws, ordinances, statutes, orders or regulations now or hereafter in effect which might otherwise apply.
Appears in 1 contract
LANDLORD. Anything contained Landlord, at its expense, shall keep in Section 13.1 above to good order, condition -------- and repair the contrary notwithstanding, as items of Operating Expenses, Landlord shall repair and maintain the structural portions foundations of the BuildingBuildings, including the foundations concrete subfloors and roof structure. Landlord shall repair and maintain structural components of the basic plumbingBuildings, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed the exterior or furnished by Landlordbearing walls of the Buildings (excluding the interior finish surface thereof), and perform the roof repair and maintenance to structures on the Premises. Landlord shall not be liable for Buildings; provided, however, that any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building or to mechanical equipment within the Building performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s property, fixtures and equipment, (iii) the moving of Tenant’s property in or out of the Building or in and about the Premises, (iv) Tenant’s use or occupancy of the Premises in violation of Section 6 of this Lease or in a manner not contemplated damage thereto caused by the parties at the time of the execution of this Lease, (v) the gross negligence or willful acts or omissions of Tenant or any employeesTenant's Agents, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants by reason of the failure of Tenant (individuallyto perform or comply with any terms, a “Tenant Party” conditions or covenants in this Lease, or caused by any Alterations made by or for Tenant, shall be at Tenant's sole expense. In addition, Landlord shall be responsible for maintaining the roof membranes of the Buildings and collectivelythe outside landscaping of the Project in good condition and repair, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 the cost of this Lease or (vii) condemnation, except as provided in Section 22 of which shall constitute an Operating Expense under this Lease. Landlord, at Tenant's sole cost and expense, shall enter into regularly scheduled maintenance/service contracts for servicing the elevators within the Buildings unless Landlord elects for Tenant to do so pursuant to Paragraph 8.B below. Also at Tenant's cost and expense, Landlord shall enter into regularly scheduled preventive maintenance/service contracts with maintenance contractors acceptable to Landlord for servicing all hot water and heating and air conditioning (the "HVAC") systems and equipment in the Premises. It is an express condition precedent to all obligations of Landlord to repair and maintain the Buildings that Tenant shall have no” obligation to make repairs under this Section 13.2 until a reasonable time after (a) notified Landlord first becomes aware in writing of the need for any such repairs, repairs or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earliermaintenance. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant ImprovementsLandlord's obligations under this Paragraph 8.A., if any, provided for in the Work Letter, nor shall Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s 's use of the Premises during the period that Landlord is performing the maintenance and repairs required hereunder; provided, however Landlord shall use commercially reasonable efforts in the performance of its obligations pursuant to this Paragraph 8.A. to minimize any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Codeinterference with Tenant's normal business operations.
Appears in 1 contract
Samples: Lease (Snowball Com Inc)
LANDLORD. Anything contained in Section 13.1 above Except to the contrary notwithstandingextent caused by the negligence of Tenant or any Tenant Indemnitee (as defined below), as items of Operating Expensesneither Tenant nor Tenant’s members, Landlord affiliates, employees, agents, or contractors (each, a “Tenant Indemnitee”) shall repair and maintain the structural portions of the Building, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. and Landlord shall not be required indemnify and save harmless Tenant and each Tenants Indemnitee from and against any and all liabilities, damages, claims, suits, costs (including costs of suit, reasonable attorneys’ fees and costs of investigation) and actions of any kind, foreseen or unforeseen, arising or alleged to make arise by reason of injury to or death of any repair resulting from (i) any alteration person or modification damage to the Building or to mechanical equipment within the Building performed byloss of property, occurring on, in, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s property, fixtures and equipment, (iii) the moving of Tenant’s property in or out of the Building or in and about the Premises, or by reason of any other claim whatsoever of any person or party, occasioned, directly or indirectly, wholly or partly: (iva) Tenantby any act or omission on the part of Landlord or any shareholder, officer, director, member, manager, partner, employee, agent, contractor, licensee, assignee or invitee of Landlord (each, a “Landlord Representative”); or (b) by any breach, violation or non-performance of any covenant of Landlord under this Lease. If any action or proceeding shall be brought by or against Tenant or any Tenant Indemnitee in connection with any such liability, claim, suit, cost, injury, death or damage, Landlord, on notice from Tenant or any Tenant Indemnitee, shall defend such action or proceeding, at Landlord’s use expense, by or occupancy of through attorneys reasonably satisfactory to Tenant or the Premises in violation of Section 6 Tenant Indemnitee. The provisions of this Lease Section shall apply to all activities of Landlord or in a manner not contemplated by any Landlord Representative with respect to the parties at the time of the Premises, occurring from and after execution of this Lease. Subject to Section 7(c) of this Lease, (v) Landlord’s obligations under this Section shall not be limited to the coverage of insurance maintained or required to be maintained by Landlord under this Lease. In no event shall Tenant or any Tenant Indemnitee be liable in any manner to Landlord or any Landlord Representative as the result of the acts or omissions of Tenant Landlord or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees a Landlord Representative and all liability therefore shall rest with Landlord. Landlord’s indemnification obligations pursuant to this Section shall survive the expiration or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 of this Lease or (vii) condemnation, except as provided in Section 22 earlier termination of this Lease. Landlord shall have no” obligation to make repairs under this Section 13.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Code.
Appears in 1 contract
Samples: Master Lease Agreement (Gaia, Inc)
LANDLORD. Anything contained in Section 13.1 above Landlord shall, subject to the contrary notwithstandingfollowing limitations, as items of Operating Expenses, Landlord shall repair and maintain the damage to structural portions of the Buildingroof, including foundation and load-bearing portions of walls (excluding drywall, wall coverings, painting and doors) of the foundations Building and roof structure. Landlord shall repair the base Building utility and maintain the basic plumbing, elevators, life safety mechanical systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to serving the Premises. Landlord shall not be liable for ; provided, if such damage is caused by an act or omission of Tenant, or any failure to make any Tenant Party, then such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by be at Tenant's sole expense. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building or to mechanical equipment within the Building performed by, for or on behalf of, because of Tenant or to special equipment or systems installed by, for or on behalf of, because of Tenant, (ii) the installation, use or operation of Tenant’s 's property, fixtures and equipment, (iii) the moving of Tenant’s 's property in or out of the Building or in and about the Premises, (iv) Tenant’s 's use or occupancy of the Premises in violation of Section 6 11 of this Lease or in a manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 13 of this Lease or (vii) condemnation, except as provided in Section 22 14 of this Lease. Landlord shall have no” no obligation to make repairs under this Section 13.2 9.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, improvements provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings, except for normal vacuuming of the carpet as part of the janitorial services provided herein. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s 's use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Code.
Appears in 1 contract
Samples: Office Lease (Ipayment Inc)
LANDLORD. Anything contained in Section 13.1 above to the contrary notwithstanding, as items of Operating Expenses, Landlord shall repair and maintain the structural portions of the Building, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building or to mechanical equipment within the Building performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s 's property, fixtures and equipment, (iii) the moving of Tenant’s 's property in or out of the Building or in and about the Premises, (iv) Tenant’s 's use or occupancy of the Premises in violation of Section 6 of this Lease or in a manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, a “"Tenant Party” " and collectively, “"Tenant’s 's Parties”"), (vi) fire and other casualty, except as provided by Section 21 of this Lease or (vii) condemnation, except as provided in Section 22 of this Lease. Landlord shall have no” no obligation to make repairs under this Section 13.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Code.such
Appears in 1 contract
LANDLORD. Anything contained in Section 13.1 above to the contrary notwithstanding, as items of Operating Expenses, Landlord shall repair and maintain the structural portions of the Building, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building or to mechanical equipment within the Building performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s property, fixtures and equipment, (iii) the moving of Tenant’s property in or out of the Building or in and about the Premises, (iv) Tenant’s use or occupancy of the Premises in violation of Section Article 6 of this Lease or in a manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section Article 21 of this Lease or (vii) condemnation, except as provided in Section Article 22 of this Lease. Landlord shall have no” no obligation to make repairs under this Section 13.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Landlord’s Improvements, if any, provided for in the Landlord’s Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Code. Notwithstanding the foregoing, in the event that Tenant is prevented from using, and does not use, all or any material portion of the Premises, solely due to (y) the interruption of essential utility services (which for the purposes hereof, shall mean only the following utility services: electricity service, HVAC service, elevator service and water service to restrooms) or (z) the denial of access to the Premises, and such interruption of essential utility services and/or denial of access to the Premises is caused solely by Landlord (as opposed to the action or inaction of any third party) (an “Abatement Event”), then Tenant shall give Landlord written notice of such Abatement Event, and if such Abatement Event continues for fifteen (15) consecutive business days after Landlord’s receipt of any such notice (and Landlord shall have received notice of each such occurrence from Tenant) (the “Eligibility Period”), then the Base Rent and Tenant’s Percentage Share of the Direct Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time, and to the extent, that Tenant continues to be so prevented from (y) using all or any material portion of the Premises and (z) conducting its business activities, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Rent allocable to such reoccupied portion, based on the portion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Such right to xxxxx Base Rent and Tenant’s Percentage Share of the Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event; provided, however, that if Landlord, has not cured such Abatement Event within one hundred twenty days (120) after receipt of notice from Tenant (described above), Tenant shall have the right to terminate this Lease during the first ten (10) business days immediately following the end of such one hundred twenty (120) day period by delivering written notice to Landlord within such ten (10) business day period (the “Abatement Event Termination Notice”), and such termination shall be effective as of a date set forth in such Abatement Event Termination Notice (the “Abatement Event Termination Date”), which Abatement Event Termination Date shall not be less than thirty (30) business days and not more than three (3) calendar months following the delivery of the Abatement Event Termination Notice. Notwithstanding the foregoing, the parties hereby acknowledge and agree that (y) if the Premises or the Project (or any portion thereof) shall be damaged by fire or other casualty, the terms of Article 21 shall apply and control, and (z) if the Premises or the Project (or any portion thereof) shall be taken under power of eminent domain (or sold, transferred or conveyed in lieu thereof), the terms of Article 22 shall apply and control (and that, in either such case, Tenant shall have no rights under this provision).
Appears in 1 contract
