Common use of LESSOR'S OBLIGATIONS Clause in Contracts

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 5 contracts

Samples: Lease Agreement (Biosite Diagnostics Inc), Mobility Electronics Inc, Polycom Inc

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LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 3 contracts

Samples: Qad Inc, Qad Inc, Qad Inc

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expensesa) Except for Lessee Improvements and Alterations and except as set forth in Section 6.2(c) and (d), 6 Lessor shall keep the Project, interior and exterior walls, roof, slab floors, foundation, Building Systems, load bearing members, Common Areas (Useincluding all restrooms), 7.2 (Lessee's Obligations) and 9 (Damage the equipment whether used exclusively for the Premises or Destruction) and except for damage caused by any negligent or intentional act or omission of Lesseein common with other premises, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair (the foundationscost of which shall, exterior wallssubject to Section 4.7, structural condition of interior bearing walls, and roof of the Premises, be included as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall notExpense); provided, however, Lessor shall not be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintainpaint, repair or replace windowswall coverings, doors or plate glass to repair or replace any improvements that are not ordinarily a part of the PremisesBuilding or are above then Building standards. Lessor shall have be responsible for all repairs on all restrooms on the third floor (the cost of which shall, to the extent not prohibited by Section 4, be included in Operating Expenses), except to the extent caused by or attributable to defects in workmanship or caused by Tenant in which case Lessee shall be responsible for the cost of such maintenance or repair of such restrooms. Except as provided in Sections 4.1(b), 9 or 14, there shall be no obligation abatement of Rent or liability of Lessor, on account of any injury or interference with Lessee’s business with respect to make any improvements, alterations or repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of made by Lessor to the need for such repairsProject or any part thereof. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's ’s expense or to terminate this Lease because of Lessor's ’s failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 2 contracts

Samples: Standard Office Lease (Xencor Inc), Standard Office Lease (Xencor Inc)

LESSOR'S OBLIGATIONS. Subject to inclusion as Expenses (provided that expenses for any of the provisions following items that constitute capital repairs, improvements, betterments, and/or replacements must be amortized over the useful life of paragraphs 4.2 (Operating Expensesthe item, together with interest on the unamortized balance at the prime rate of interest then being charged by Seattle-First National Bank), 6 (Use)Lessor shall maintain or cause to be maintained in reasonably good order and condition the common and public areas and facilities of the Building; the central heating, 7.2 (Lessee's Obligations) ventilation and 9 (Damage or Destruction) air conditioning, water, sewer, fire protection, exterior mechanical and except exterior electrical distribution systems and equipment serving the Building; and the structural portions of the roof, piers, pier pilings, and Building, and shall provide patrolled security service to the Building. Lessor shall be solely responsible for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair keeping the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep Building in good condition and repair the foundations, exterior walls, structural condition except as otherwise specifically set forth herein as an obligation of interior bearing walls, and roof Lessee. If any such maintenance or repair is required because of the Premisesact or omission of Lessee or any person claiming through Lessee, as well as the parking lotsor any of their respective agents, walkwaysemployees, drivewayscontractors, landscapingor invitees, fences, signs all costs and utility installations of the Common Areas and all parts thereof, as well as providing the services for expenses incurred by Lessor which there are not reimbursed by Lessor's insurance (or would not be covered by insurance which Lessor is an Operating Expense pursuant required elsewhere in this Lease to paragraph 4.2maintain) shall be paid by Lessee on demand. Lessor shall notnot be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall continue for an unreasonable time after written notice of the need of such repairs or maintenance is given to Lessor by Lessee (such period not to exceed thirty (30) days, but provided, however, be obligated to paint that if the exterior nature of the required repair or interior surface of exterior wallsmaintenance is such that more than thirty (30) days are required for its cure (including, nor shall Lessor be for instance, the time required to maintainobtain necessary construction permits and approvals), repair then Lessor shall not be deemed to be in default if it commences such cure within such thirty (30)-day period and thereafter diligently prosecutes the same to completion). Except as otherwise provided in this Lease, there shall be no abatement of rent and no liability of Lessor by reason of any injury to or replace windowsinterference with Lessee's business arising from the making of any repairs, doors alterations or plate glass improvements in or to any portion of the Premises. Lessor shall have no obligation Building or the Premises or in or to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairsfixtures, appurtenances and equipment therein. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee shall not have the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessorexpense.

Appears in 2 contracts

Samples: Antenna License Agreement (Infospace Inc), Antenna License Agreement (Go2net Inc)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused cause by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or inviteesinvites, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, walls structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from form Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute statue now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikesstrides, lockout, or other labor disturbances or disputes disputed of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 2 contracts

Samples: Coyote Sports Inc, Coyote Sports Inc

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor ?ILLEGIBLE? or shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under ?ILLEGIBLE? this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee Xxxxxx of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of LessorXxxxxx's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 2 contracts

Samples: Assignment of Lease (Redenvelope Inc), Assignment of Lease (Redenvelope Inc)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, . strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 2 contracts

Samples: Progenitor Inc, Progenitor Inc

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 2 contracts

Samples: Qad Inc, Polymer Solutions Inc

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 2 contracts

Samples: Qad Inc, Qad Inc

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 Addendum, paragraph 67 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to Addendum, paragraph 4.2, 67 shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, plumbing to the Premises and main electrical service to the Premises, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense or a Common Area Maintenance charge pursuant to Addendum, paragraph 4.267. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor. Lessor shall repair at Lessor's sole expense any damage to the premises caused by Lessor's willful misconduct or negligence (but only to the extent of Lessor's negligence utilizing comparative negligence standards) or default.

Appears in 1 contract

Samples: Lease Agreement (Iown Holdings Inc)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating ExpensesSection 6.3(a), 6 (Use)this Section 7.1, 7.2 (Section 9 and Section 152, it is intended by the parties hereto that Lessor have no obligation, in any manner whatsoever, to maintain, repair or replace the Building or the Common Areas, or the equipment therein, all of which obligations are intended to be that of Lessee's Obligations) and 9 (Damage or Destruction) and except . Except for damage caused by any negligent or intentional act or omission of Lessee, Lessee or Lessee's employeesagents, suppliers, shippers, customers, employees or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's sole expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good order, condition and repair solely the foundationsfoundation of the Building, exterior wallsthe structural or load‐bearing walls of the Building, the structural condition components of interior bearing wallswalls of the Building, the exterior walls of the Building, the roof, roof membrane and roof drainage systems of the PremisesBuilding (collectively, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations “Exterior Maintenance“). Lessor may paint the DocuSign Envelope ID: 1BDF4748-CC58-412F-9575-A0FF2EDF2B1C exterior walls of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the PremisesBuilding. Lessor shall have no obligation to make maintain the interior surface of the exterior walls, the surface of any interior walls or any doors, plate glass or windows (the “Interior Maintenance“), provided however, that any Interior Maintenance that is a result of any damage caused by any Exterior Maintenance or any of the items noted under the definition of Exterior Maintenance will be the sole obligation of the Lessor. Lessor shall have no obligation to perform maintenance, repairs or replacements under this paragraph Section 7.1 until a reasonable time after receipt of written notice notice, but no later than thirty (30) days after receipt of said written notice, from Lessee of the need for such repairswork. Lessee It is the intention of the parties that the terms of this Lease govern the respective obligations of the parties as to maintenance, repair and replacement of the Building and the Common Areas, and they expressly waives waive the benefits benefit of any statute now or hereafter in effect which would otherwise afford (whether for Lessee the right to make repairs perform maintenance, repair or replacement at Lessor's expense or for Lessee to terminate this Lease because Lease) to the extent it is inconsistent with the terms of this Lease. Lessee shall reimburse Lessor, within thirty (30) days of receipt of an invoice in reasonable detail, for Lessee's failure share of all costs incurred by Lessor pursuant to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages Section 6.2(a) or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessorthis Section 7.1.

Appears in 1 contract

Samples: Lease Agreement

LESSOR'S OBLIGATIONS. The only improvements to be constructed by Lessor within the 3rd Floor Premises and the 4th Floor Premises (to which the respective Tenant Improvement Allowance shall apply as provided in Article XIV of the Basic Lease Information) shall be the improvements of the type generally described on Schedule “1” attached hereto in the quantities (and subject to the modifications and qualifications) set forth in the Final TI Plans (as hereafter defined) for each portion of the Premises (collectively referred to hereafter as “Lessor’s Work”); provided, however, that (i) Lessee’s “eyebrow” signage will be installed by Lessee at its expense in accordance with Section 6.8 of the Lease and will not be paid from the Tenant Improvement Allowance, and (ii) Lessor will provide, at its expense, the Building shell improvements listed on Schedule 2 attached hereto. The terms “each portion of the Premises” or “respective portion of the Premises” as used in this Exhibit shall refer to the 3rd Floor Phase II Premises, the 3rd Floor Phase II Premises and the 4th Floor Premises, as the case may be. Subject to the provisions performance by Lessee of paragraphs 4.2 (Operating Expenses)all of its obligations set forth in this Exhibit, 6 (Use)Lessor will obtain a certificate of completion or occupancy required by the local building department or governmental agency with respect to each portion of the Premises. The foregoing notwithstanding, 7.2 (Lessee's Obligations) Lessor shall not be obligated to incur any costs or expenses for Lessor’s Work for the respective portion of the Premises in excess of the Tenant Improvement Allowance applicable to such portion, and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair be responsible for paying all costs and expenses incurred by Lessor in designing, performing, and getting permits for Lessor’s Work for the damage. Lessor, at Lessor's expenserespective portion of the Premises in excess of the Tenant Improvement Allowance applicable thereto as set forth in the Basic Lease Information, subject to reimbursement pursuant the terms and conditions set forth in this Exhibit and the Lease. The respective Tenant Improvement Allowance will be applied to paragraph 4.2, shall keep in good condition all hard and repair soft costs necessary or appropriate to complete Lessor’s Work for the foundations, exterior walls, structural condition of interior bearing walls, and roof respective portion of the Premises, as well as including without limitation, all costs of labor and materials, fees for architectural, engineering design, and construction drawings (including a space plan for the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass respective portion of the Premises), and other professional fees and permitting fees, subject to the terms and conditions set forth in this Exhibit and the Lease. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee If the actual Cost of the need TI Work (as defined in Section 3.3) exceeds the applicable Tenant Improvement Allowance for such repairsthe respective portion of the Premises, then Lessee shall reimburse Lessor for the Excess Cost of the TI Work (as defined in Section 3.6) in the manner provided in Section 6 below. Lessee expressly waives The foregoing notwithstanding, Lessor’s Work and the benefits obligation of any statute now or hereafter in effect which would otherwise afford Lessee Lessor to pay for the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor cost thereof shall not be liable for damages include the cost of repairing any damage or loss injury resulting from the acts or omissions of any kind Lessee or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accidentits subtenants and their respective employees, breakage, repairs, strikes, lockoutagents, or other labor disturbances or disputes of any character, or contractors (“Lessee Caused Damage”). All Lessee Caused Damage shall be promptly repaired by any other cause beyond the reasonable control of LessorLessee at its expense.

Appears in 1 contract

Samples: Rooftop License Agreement (Lifelock, Inc.)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) ), and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair repair, or replace windows, doors doors, or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition condition, and repair, provided Lessor has commenced such repairs within a reasonable period from Lessee's notice. Lessor shall not be liable for damages damage or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when services which such failure is caused by accident, breakage, repairsrepair, strikesstrike, lockout, or other labor disturbances disturbance or disputes dispute of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Lease Agreement (Sportsmans Guide Inc)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's ’s Obligations) ), and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's ’s employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's ’s expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair repair, or replace windows, doors, or plate glass of the Premises or windows, doors or plate glass forming part of the exterior of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's ’s expense or to terminate this Lease because of Lessor's ’s failure to keep the Premises in good order, condition condition, and repair. Lessor shall not be liable for damages damage or loss of any kind or nature by reason of Lessor's ’s failure to furnish any Common Area Services services when such failure is caused by accident, breakage, repairsrepair, strikesstrike, lockout, or other labor disturbances disturbance or disputes dispute of any character, or by any other cause beyond the reasonable control of Lessor. Notwithstanding anything herein to the contrary, if Lessor replaces the HVAC units serving the Demised Premises during the Term hereof, Lessor shall bear the cost of such replacement with Lessee paying Lessee’s Share of the cost amortized over a period of ten (10) years. Lessee shall be responsible for the inspection and maintenance costs of the HVAC units serving the Demised Premises during the Term hereof. Lessor, at its sole cost and expense, shall make the necessary repairs to the current HVAC system according to the items identified as potential problems in the HVAC inspection reports dated September 10 and November 15, 2001 prepared by Northern Air Corporation. If Lessor is obstructed or delayed in the completion of such repair work by flood or inclement weather, fire, earthquake, act of God, war, strike, picketing, boycott or lockout, governmental or legal intervention, governmental permit or zoning approvals, or any other cause beyond the control of Lessor, Lessor shall have no liability of any kind whatsoever to Lessee as a result of such delay.

Appears in 1 contract

Samples: First Lease Amendment Agreement (Transoma Medical Inc)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. The Lessor, at its sole expense, shall be responsible for exterior painting and roof and structural repairs of the building on the Leased Premises during the Term and any Extended Term of this Lease except for repair otherwise due to Lessee's Acts. The Lessor, at its sole expense, shall also replace any air conditioning and heating equipment, repair of the roof, any whole or partial replacement of the roof, any resurfacing of walkways, driveways and parking areas located on the Leased Premises, and the cost of ADA compliance [subject to the limitations set forth in Subparagraph 4(d) hereof] for the Leased Premises that is no longer practically repairable except for repair otherwise due to Lessee's Acts. Lessor agrees to use good faith and due diligence in performance of its obligations under this Subparagraph 8(b). Lessee agrees to give Lessor reasonable written notice of any item requiring Lessor's expensemaintenance or repair. To the extent reasonably practicable, subject Lessee shall describe the nature, extent and location of such items of maintenance or repair. Notice by facsimile is both encouraged and acceptable. Provided, however, under no circumstances may Lessee undertake to reimbursement pursuant perform such maintenance or repair itself and offset the costs of the same against the amount of Rent or additional rent otherwise owed to paragraph 4.2Lessor hereunder. If Lessor fails to start repairs within thirty (30) days of notice, Lessee shall keep in good condition and have the right to repair the foundations, exterior walls, structural condition same with such repairs being conducted in as good and workmanlike manner using new materials of interior bearing walls, a quality similar to those damaged or destroyed and roof Lessee shall provide written invoices and proof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant payment to paragraph 4.2Lessor. Lessor shall not, however, be obligated to paint the exterior pay such invoices within thirty (30) days. Lessee shall not offset these invoices against any Rent or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs additional rent owing under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of LessorLease.

Appears in 1 contract

Samples: Lease Agreement (Mach One Corp)

LESSOR'S OBLIGATIONS. Subject Lessor agrees to repair and maintain the provisions structural portions of paragraphs 4.2 the Building and the plumbing, heating, ventilating, air conditioning, elevator and electrical systems installed or furnished by Lessor, unless such maintenance and repairs are (Operating Expenses)i) attributable to items installed in Lessee’s Premises which are above standard interior improvements (such as, 6 for example, custom lighting, special HVAC and/or electrical panels or systems, kitchen or rest room facilities and appliances constructed or installed within Lessee’s Premises) or (Use)ii) caused in part or in whole by the act, 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act neglect or omission of Lessee, Lessee's employeesits agents, suppliersservants, shippers, customers, employees or invitees, in which event case Lessee shall repair the damage. will pay to Lessor, at Lessor's expenseas additional rent, subject to reimbursement pursuant to paragraph 4.2the reasonable cost of such maintenance and repairs. Except as provided in this Subparagraph 14(a), shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have has no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. Lessor’s sole obligation with respect to the provisions of telephone or telecommunication services shall be to provide an interface with the telephone network at the demarcation point supplied by the local public utility and cable pairs in an amount consistent with the engineering standards to which the Building was designed. Lessor will not be liable for any failure to make any repairs under this paragraph 7.1 until a reasonable or to perform any maintenance unless such failure shall persist for an unreasonable time after receipt of written notice from Lessee of the need for of such repairs or maintenance is given by Lessor by Lessee. Except as provided in Xxxxxxxxx 00, Xxxxxx will not be entitled to any abatement of rent and Lessor will not have any liability by reason of any injury to or interference with Lessee’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the shall notify Lessor prior to exercising its right to make repairs at Lessor's ’s expense under any laws, statute, ordinance, rule, regulation, order or ruling (including, without limitation, to terminate this Lease because of Lessor's failure to keep the extent the Premises are located in good orderCalifornia, condition the provisions of California Civil Code Sections 1941 and repair. Lessor shall not be liable for damages 1942 and any successor statutes or loss laws of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessora similar nature).

Appears in 1 contract

Samples: Standard Lease (Cotherix Inc)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 Section 4.02 (Operating Expenses), Article 5 (Uses), Article 6 (UseCommon Facilities and Vehicle Parking), 7.2 Section 7.02 (Lessee's Obligations) and 9 Article 12 (Damage or Destruction) ), and except for her damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, customers or inviteesInvitees, in which event Lessee shall repair the damage. Lessor, Lessor at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2Section 4.02, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas Facilities and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2Section 4.02. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 Section 7.01 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services such services when such failure is caused by accident, breakage, repairs, strikes, lockout, lockout or any other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Silicon Gaming Inc

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 Paragraphs 2.2 (Operating ExpensesCondition), 6 2.3 (UseCompliance), 7.2 7.1(c) (Lessee's Obligations) and Replacements), 9 (Damage or Destruction) and except for 14 (Condemnation), and without relieving Lessee of liability resulting from (i) Lessee's installation of additional air conditioning units on the roof or (ii) damage caused by any negligent or intentional act or omission of permitted to occur by Lessee, Lessee's employeesits agents, suppliers, shippers, customers, employees or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep (a) maintain in good order, condition and repair repair, the foundations, exterior walls, other structural condition elements of interior bearing wallsthe Building, and (b) comply with the recommendations of IRC (or other reputable roofing inspector selected by Lessor) after inspection of the roof (as may be customary for prudent landlords of similar buildings but not more frequently than twice per calendar year) to make repairs to the roof. It is the intention of the Parties that the terms of this Lease govern the respective obligations of the Parties as to maintenance and repair of the Premises, as well as and they expressly waive the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits benefit of any statute now or hereafter in effect which would otherwise afford Lessee to the right extent it is inconsistent with the terms of this Lease. If Lessor shall be obligated to make structural or roof repairs, which repairs at Lessorcan only be accomplished in such a manner that materially interferes with Lessee's expense or use of the Premises, Lessee may, if such repairs have not been accomplished within six (6) months after the discovery of the need for such repairs, give written notice to Lessor and to any Lenders of which Lessee has actual notice, of Lessee's election to terminate this Lease because on a date not less than sixty (60) days following the giving of Lessor's failure to keep such notice. If Lessee gives such notice and such repair or restoration is not completed within thirty (30) days thereafter, this Lease shall terminate as of the Premises date specified in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessorsaid notice.

Appears in 1 contract

Samples: Standard Lease Agreement (Sirena Apparel Group Inc)

LESSOR'S OBLIGATIONS. Subject Except for the warranties and agreements of Lessor contained in Paragraphs 2.2 (relating to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises), as well as the parking lots2.3 (relating to compliance with covenants, walkwaysrestrictions and building code), driveways, landscaping, fences, signs and utility installations 9 (relating to destruction of the Common Areas Premises) and 14 (relating to condemnation of the Premises), it is intended by the Parties hereto that Lessor have no obligation, in any manner whatsoever, to repair and maintain the Premises, the improvements located thereon, or the equipment therein, whether structural or non structural, all parts thereof, of which obligations are intended to be that of the Lessee under Paragraph 7.1 hereof. It is the intention of the Parties that the terms of this Lease govern the respective obligations of the Parties as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, maintenance and repair or replace windows, doors or plate glass of the Premises. Lessee and Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of expressly waive the need for such repairs. Lessee expressly waives the benefits benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease with respect to, or which would otherwise afford affords Lessee the right to make repairs at Lessor's the expense of Lessor or to terminate this Lease because of by reason of, any needed repairs. Notwithstanding the provisions herein, Lessor shall maintain the exterior walls, foundations, and roof. (SEE ADDENDUM #3) Notwithstanding anything to the contrary in the lease or addendum thereto, Lessor's failure obligations to keep repair the Premises in good order, condition and repair. roof shall commence after approval of a roof inspection by Lessor (which approval shall not be liable for damages or loss unreasonably withheld) after Lessee's construction of any kind or nature its initial improvements have ceased and/or a certificate of occupancy has been issued by reason the City of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of LessorPasadena.

Appears in 1 contract

Samples: Lease Single (Idealab)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Ameriquest Technologies Inc

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) ), and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from the Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Egghead Com Inc/De

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating 4.2(Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of or interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor Lessor, shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors doors, or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Industrial Lease (H E R C Products Inc)

LESSOR'S OBLIGATIONS. (a) Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and PARAGRAPH 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employeesagents, suppliersemployees or invitees and except for Lessor's right to include certain costs as Total Common Area Charges pursuant to PARAGRAPH 11, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition order, condition, and repair the foundations, exterior walls, and the exterior and structural condition of interior bearing walls, and roof portions of the Premises, as well as including, without limitation, the parking lotsroof and the plumbing, walkwaysfire sprinkler, drivewaysheating, landscapingventilation, fencesair conditioning ("HVAC"), signs elevator and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairselectrical systems. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease or its obligations hereunder because of Lessor's failure to keep the Premises in good order, condition and condition, xxx repair. Notwithstanding any provision to the contrary, Lessee shall give Lessor written notice of the need for repairs which Lessor is obligated to make pursuant to the terms of this Lease, which if not timely performed, materially and detrimentally affect (i) Lessee's ability to conduct its business in the Premises or (ii) Lessee's ability to use and enjoy the Premises. If, within thirty (30) days after written notice regarding the necessity for such repairs has been given to Lessor, Lessor shall not have commenced such repairs, then Lessee shall be liable permitted to make reasonable repairs to the Premises. In the event Lessee exercises its rights hereunder, Lessor shall reimburse Lessee the cost thereof within thirty (30) days following Lessor's receipt of a copy of the invoice from the contractor perfxxxxxx such repairs. In the event Lessor fails to reimburse Lessee the cost of such repairs within thirty (30) days following Lessor's receipt of such invoice, then Lessee shall be permitted xx xxthhold from the next installment of monthly base rent an amount equal to the lesser of (i) the cost of such repairs or (ii) twenty-five percent (25%) of the monthly base rent otherwise due and payable for damages such month. In the event the cost of such repairs is greater than twenty-five percent (25%) of the monthly base rent payable for the month in question, then Lessee shall be permitted to withhold from future installments of monthly base rent an amount equal to twenty-five percent (25%) of the monthly base rent on a monthly basis until such time as the amount withheld equals the cost incurred by Lessee in making such repair. Notwithstanding the two preceding sentences to the contrary, if the remaining Term of this Lease or loss the term of any kind or nature by reason extension thereof is insufficient to allow Lessee to recoup all of Lessor's failure to furnish any Common Area Services when its costs of such failure is caused by accident, breakage, repairs, strikesthen on the expiration date of this Lease or on any earlier date this Lease is terminated, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond Lessor shall pay to Lessee the reasonable control of Lessoramount required to allow Lessee to recoup its cost for such repair.

Appears in 1 contract

Samples: Luxtec Corp /Ma/

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), . 7.2 (Lessee's ’s Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's ’s employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's ’s expense, subject to reimbursement pursuant to paragraph 4.2, 4.2 shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor not shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs repair at Lessor's ’s expense or to terminate this Lease because of Lessor's ’s failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's ’s failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Inamed Corp

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's ’s Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's ’s employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's ’s expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and all parts thereof, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereofpremises, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. , Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Should the Lessee expressly waives and Lesser fail to resolve any disagreement regarding the benefits condition of any statute now or hereafter in effect which would otherwise afford Lessee repairs on the right to make repairs at Lessor's expense or to terminate this Lease because Premises, the disagreement shall be resolved within 30 days by the appointment of Lessor's failure to keep the Premises in good order, condition and repaira mutually agreed arbitrator. The Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's ’s failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Industrial Lease (Drugstore Com Inc)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs Paragraph 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) 7.5, (Condition of Premises Upon Termination) and 9 (Damage or Destruction) ), and except for damage to the Premises, Building, or Common Areas (collectively and individually, "Lessee Caused Damage") caused by any negligent or intentional act or omission of Lessee, Lessee's employees's, supplierscontractors, shipperslicensees, customers, employees or invitees, agents (in which event Lessee shall repair the damage. damage at Lessee's expense or pay Lessor as provided in Paragraph 7.1.1), Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundationsLessor Structural Elements and, exterior wallssubject to reimbursement pursuant to Paragraph 4.2, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and signs, utility installations and other aspects of the Common Areas and all parts thereof, thereof and shall paint the exterior walls when necessary as well as providing the services for which there is an Operating Expense pursuant reasonably determined by Lessor to paragraph 4.2keep them in a sightly condition. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises, or to maintain or repair anything required to be maintained by Lessee under Paragraph 7.2. Lessor shall have no obligation to make repairs under this paragraph Paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.or

Appears in 1 contract

Samples: Lease (Vans Inc)

LESSOR'S OBLIGATIONS. Subject Except for the warranties and agreements of Lessor contained in Paragraphs 2.2 (relating to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises), as well as the parking lots2.3 (relating to compliance with covenants, walkwaysrestrictions and building code), driveways, landscaping, fences, signs and utility installations 9 (relating to destruction of the Common Areas Premises) and 14 (relating to condemnation of the Premises), it is intended by the Parties hereto that Lessor have no obligation, in any manner whatsoever, to repair and maintain the Premises, the improvements located thereon, or the equipment therein, whether structural or non-structural, all parts thereof, of which obligations are intended to be that of the Lessee under Paragraph 7.1 hereof. It is the intention of the Parties that the terms of this Lease govern the respective obligations of the Parties as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, maintenance and repair or replace windows, doors or plate glass of the Premises. Lessee and Lessor shall have no obligation expressly waive 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, or which affords Lessee the right to make repairs under at the expense of Lessor or to terminate this paragraph 7.1 until Lease by reason of any needed repairs. Notwithstanding anything to the contrary in this Paragraph 7 or elsewhere in the Lease, Lessor shall keep, repair and maintain all structural portions of the buildings and improvements on the Premises, including, without limitation, structural walls and foundations in a reasonable time after good and operative condition at its sole cost and expense, except where these structural elements have been modified by Lessee, or its subtenants, employees or agents. Lessor shall also make all repairs or replacement to any underground utility lines or pipes. Lessor agrees to promptly commence any such necessary repairs, maintenance or replacements to the above-referenced portions of the Premises upon receipt of a written notice from Lessee of the need for such repairs, maintenance or replacements. Lessee expressly waives Notwithstanding the benefits of foregoing, any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikesmaintenance or replacements necessitated by the negligence of Lessee, lockoutits agents or employees shall be made by Lessor at the expense of Lessee, or other labor disturbances or disputes of any character, or to the extent not covered by any other cause beyond the reasonable control of Lessorinsurance.

Appears in 1 contract

Samples: Modtech Inc

LESSOR'S OBLIGATIONS. Subject Lessor shall keep the Building Project, including the Building's exterior walls, roof, and common areas, in good condition and repair; provided, however, Lessor shall not be obligated to paint, repair or replace wall coverings, or to repair or replace any improvements that are not ordinarily a part of the Building or are above then Building standards. Except as provided in paragraph 9.5, there shall be no abatement of rent or liability of Lessee on account of any injury or interference with Lessee's business with respect to any improvements, alterations or repairs made by Lessor to the provisions Building Project or any part thereof, or on account of paragraphs 4.2 (Operating Expenses)any interruption of services or of access to the Premises, 6 (Use)Building or Building Project; provided, 7.2 (Lessee's Obligations) and 9 (Damage however, that if the Premises are unusable by an event other than damage or Destruction) and except for damage caused by any negligent destruction, condemnation or intentional an act or omission of Lessee, Lessee or Lessee's agents, contractors, invitees or employees, suppliersor any delays attributable to war, shippersriot, customersinsurrection, labor or invitees, in which event Lessee shall repair the damage. Lessor, at material shortage or other matters beyond Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing wallsreasonable control (each a "Force Majeure Delay"), and roof if such condition persists for more than (a) ten (10) consecutive business days, then Monthly Base Rent hereunder (but not other rent) shall be abated, on a day-by-day basis, for every business day thereafter that such condition continues, and (b) ninety (90) consecutive business days, then Lessee may terminate this Lease as of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as such ninetieth consecutive (90) business day by providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of with irrevocable written notice from Lessee of the need for such repairsits election within ten (10) days thereafter. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Office Lease (Entertainment Boulevard Inc)

LESSOR'S OBLIGATIONS. a. Subject to the provisions of paragraphs 4.2 Section 4.02 (Operating Expenses), Article 5 (Uses), Article 6 (UseBuilding Parking), 7.2 Section 7.02 (Lessee's Obligations) and 9 Article 12 (Damage or Destruction) ), and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, customers or invitees, in which event Lessee shall shall, at its sole cost and expense, repair the damagedamage further utilizing a contractor of Lessor's choice. Lessor, Lessor at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2Section 4.02, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas Building and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2Section 4.02. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 Section 7.01 until a reasonable time after receipt of written notice from Lessee Xxxxxx of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of LessorXxxxxx's failure to furnish any Common Area Services such services when such failure is caused by accident, breakage, repairs, strikes, lockout, lockout or any other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Casinovations Inc

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employeesemployers, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, 4.2 shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. 4.2 Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Sublease (Spectrian Corp /Ca/)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs paragraph 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) 7.5, (Condition of Premises Upon Termination) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises, or to maintain or repair anything required to be maintained by Lessee under paragraph 7.2. The cost to Lessor of painting the exterior walls shall be an Operating Expense. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, character or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Big Dog Holdings Inc

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs Paragraphs 2.2 (Condition), 2.3 (Compliance), 4.2 (Common Area Operating Expenses), 6 (Use), 7.2 7.1 (Lessee's ’s Obligations) and ), 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee14 (Condemnation), Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph Paragraph 4.2, shall keep in good order, condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility installations of systems serving the Common Areas and all parts thereof, as well as providing the services for which there is an a Common Area Operating Expense pursuant to paragraph Paragraph 4.2. Lessor shall not, however, not be obligated to paint the exterior or interior surface surfaces of exterior walls, walls nor shall Lessor be required obligated to maintain, repair or replace windows, doors or plate glass of the Premises. Lessee expressly waives the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease which would otherwise afford Lessee the right to make repairs at Lessor’s expense or to terminate this Lease because of Lessor’s failure to keep thee Premises in good order, condition and repair. Lessor shall have no obligation to make repairs under this paragraph 7.1 Paragraph 7.2 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's ’s failure to furnish any Common Area Services Areas when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Center Lease (Yoshiharu Global Co.)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs Paragraphs 2.2 (Condition), 2.3 (Compliance), 4.2 (Common Area Operating Expenses), 6 (Use), 7.2 7.1 (Lessee's Obligations) and ), 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee14 (Condemnation), Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph Paragraph 4.2, shall keep in good order, condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premisesexterior roof, as well as the fire sprinkler system, Common Area fire alarm and/or smoke detection systems, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility installations of systems serving the Common Areas and all parts thereof, as well as providing the services for which there is an a Common Area Operating Expense pursuant to paragraph Paragraph 4.2. Lessor shall, at Lessee's sole expense, procure and maintain quarterly maintenance contracts, and repair or replace the HVAC equipment as needed, in customary form and substance for, and with contractors specializing and experienced in the maintenance of the following equipment and improvements, if any, if and when installed on the Premises: (i) HVAC equipment (“HVAC Service”). Said costs may, at the Lessor’s discretion, be billed in accordance with Article 4.2 pertaining to Common Area Operating Expenses. Lessee hereby acknowledges and agrees that the HVAC Service does not include service or comfort calls (outside of the quarterly maintenance) for which the Lessee is responsible at Lessee’s sole cost and expense. Any hot/cold comfort service requests, including any and all ducting issues that are not brought to the attention of Lessor in writing within 30 days of Lease Commencement shall not, however, be the direct responsibility of Lessee and shall be billed directly to Lessee after the request has been fulfilled. Lessor shall not be obligated to paint the exterior or interior surface surfaces of exterior walls, walls nor shall Lessor be required obligated to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits benefit of any statute now or hereafter in effect which would otherwise afford Lessee to the right extent it is inconsistent with the terms of this Lease. It is the intention of the Parties that the terms of the Lease govern the respective obligations of the Parties as to make repairs at Lessor's expense or to terminate this Lease because maintenance and repair of Lessor's failure to keep the Premises in good orderPremises, condition and repair. Lessor shall not be liable for damages or loss they expressly waive the benefit of any kind statute now or nature by reason hereafter in effect to the extent it is inconsistent with the terms of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessorthis Lease.

Appears in 1 contract

Samples: Alldigital Holdings, Inc.

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs Paragraphs 2.2 (Condition), 2.3 (Compliance with Covenants, Restrictions end Building Code), 4.2 (Common Area Operating Expenses), 6 (Use), 7.2 7.1 (Lessee's Obligations) and ), 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee14 (Condemnation), Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good order, condition and repair the foundations, exterior walls, structural condition of interior bearing walls, exterior roof, fire sprinkler and/or standpipe and roof of hose (if located in the PremisesCommon Areas) or other automatic fire extinguishing system including fire alarm and/or smoke detection systems and equipment, as well as the fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility installations of systems serving the Common Areas and all parts thereof, as well as providing the services for which there is an a Common Area Operating Expense pursuant to paragraph Paragraph 4.2. Lessor shall not, however, not be obligated to paint the exterior or interior surface surfaces of exterior walls, walls nor shall Lessor be required obligated to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits benefit of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises Building, Industrial Center or Common Areas in good order, condition and repair. 7.3 UTILITY INSTALLATIONS, TRADE FIXTURES, ALTERATIONS. (a) DEFINITIONS; CONSENT REQUIRED. The term "UTILITY INSTALLATIONS" is used in this Lease to refer to all air lines, power panels, electrical distribution, security, fire protection systems, communications systems, lighting fixtures, heating, ventilating and air conditioning equipment, plumbing, and fencing in, on or about the Premises. The term "TRADE FIXTURES" shall mean Lessee's machinery and equipment which can be removed without doing material damage to the Premises. The term "ALTERATIONS" shall mean any modification of the improvements on the Premises which are provided by Lessor under the terms of this Lease, other than Utility installations or Trade Fixtures. "LESSEE-OWNED ALTERATIONS AND/OR UTILITY INSTALLATIONS" are defined as Alterations and/or Utility Installations made by Lessee that are not yet owned by Lessor pursuant to Paragraph 7.4(a). Lessee shall not make nor cause to be liable for damages made any Alterations or loss of any kind Utility Installations in, on, under or nature by reason of about the Premises without Lessor's failure prior written consent. Lessee may, however, make non-structural Utility Installations to furnish the interior of the Premises (excluding the roof) without Lessor's consent but upon notice to Lessor, so long as they are not visible from the outside of the Premises, do not involve puncturing, relocating or removing the roof or any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockoutexisting walls, or other labor disturbances changing or disputes interfering with the fire sprinkler or fire detection systems and the cumulative cost thereof during the term of any character, or by any other cause beyond the reasonable control of Lessor.this Lease as extended does not exceed $10,000.00 (b)

Appears in 1 contract

Samples: Mossimo Inc

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Common Area Operating Expenses), 6 (Use), 7.2 7.1 (Lessee's Obligations) and ), 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee14 (Condemnation), Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph Paragraph 4.2, shall keep in good order, condition and repair the foundations, exterior walls, structural condition of interior bearing walls, exterior roof; fire sprinkler and/or standpipe and roof of hose ('if located in the PremisesCommon Areas) or other automatic fire extinguishing system including fire alarm and/or smoke detection systems and equipment, as well as the fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility installations of systems serving the Common Areas and all parts thereof, as well as providing the services for which there is an a Common Area Operating Expense pursuant to paragraph Paragraph 4.2. Lessor shall notfurther be responsible for keeping in good order, condition and repair any mechanical systems servicing the Building as a whole and not merely the Premises, the expenses of such upkeep and repair to be treated as a Common Area Operating Expense pursuant to Paragraph 4.2 of this Lease. Lessor shall further be responsible to deliver to the Premises as soon as reasonably possible following the commencement of Lessee's occupancy of the Premises under this Lease a working and functional HVAC system; however, following such delivery, Lessor shall have no responsibility whatsoever for the repair, upkeep, maintenance or replacement of said HVAC system or any component part thereof, and all such repair, upkeep, maintenance and repair shall be the sole responsibility of Lessee and at Lessee's sole cost and expense under Paragraph 7.1 of this Lease. Lessor shall not be obligated to paint the exterior or interior surface surfaces of exterior walls, walls nor shall Lessor be required obligated to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits benefit of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises Building, Project or Common Areas in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Lease (Ilive Inc/Nv)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 foregoing, Lessor shall keep and maintain in good and tenantable condition and repair all the roof (Operating Expensesincluding structural elements and coverings), 6 bearing walls and foundations of the Building, Building systems, including HVAC, electrical, plumbing and the fire protection (Usebut only those portions thereof that are shared, and not including portions located in and exclusively serving the Premises), 7.2 (Lessee's Obligations) and 9 (Damage the Common Areas; provided, however, that Lessor shall not be required to make repairs necessitated by reason of the negligence or Destruction) and except for damage caused by any negligent or intentional act or omission willful misconduct of Lessee, Lessee's employeesits servants, suppliersagents, shippers, customersemployees or contractors, or inviteesanyone claiming under Lessee, or by reason of the failure of Lessee to perform or observe any conditions or agreements contained in this Lease, or caused by alterations, additions or improvements made by Lessee or anyone claiming under Lessee. Notwithstanding anything to the contrary contained in this Lease, Lessor shall not be liable to Lessee for failure to make repairs as herein specifically required of it unless Lessee has previously notified Lessor, in which event Lessee shall repair the damage. Lessorwriting, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, need for such repairs and Lessor has failed to commence and complete said repairs within such period of time following receipt of Lessee’s written notification as well as is reasonable under the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premisescircumstances. Lessor shall have no obligation liability to Lessee nor shall Lessee’s obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Lessor’s making any repairs or changes which Lessor is required or permitted by this Lease or by any other lessee’s lease or required by law to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee in or to any portion of the need for such repairsProject, Building or Premises unless arising from the gross negligence or willful misconduct of Lessor. Lessee It is the intention of the Parties that the terms of this Lease govern the respective obligations of the Parties as to maintenance and repair of the Premises, and they expressly waives waive the benefits benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease, including any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's ’s expense or to terminate this Lease because of Lessor's ’s failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Lease (Zulily, Inc.)

LESSOR'S OBLIGATIONS. (a) Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and Paragraphs 9 (Damage or Destruction) and 14 (Condemnation), it is intended by the Parties hereto that Lessor have no obligation, in any manner whatsoever, to repair and maintain the Premises, or the equipment therein, other than (except for damage thereto caused by any negligent or intentional act or omission of LesseeLessee or any other Lessee Party), Lessee's employeesto keep the foundation, suppliersthe structural elements of the roof and the structural support and external walls of the improvements on the Premises (the “Building Structure”) in good order, shipperscondition and repair. Nothing contained in the preceding sentence is intended to imply that Lessor is responsible for the roof (other than the structural elements of roof and replacements thereof and excluding the roof membrane). Except for the structural elements of the roof and replacements thereof, customers, or invitees, in which event Lessee shall repair be responsible for all costs associated with the damageroof. Lessor, at Lessor's expense, subject It is the intention of the Parties that the terms of this Lease govern the respective obligations of the Parties as to reimbursement pursuant to paragraph 4.2, shall keep in good condition maintenance and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as and they expressly waive the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits benefit of any statute now or hereafter in effect which would otherwise afford Lessee to the right to make repairs at Lessor's expense or to terminate extent it is inconsistent with the terms of this Lease because (including, without limitation, Paragraphs 1941 and of the California Civil Code, and under all similar laws, statutes or ordinances now or hereafter in effect). Lessor hereby absolutely disclaims any responsibility for any defects in the Premises, or for the repair or maintenance of any condition at the Premises, and Lessee hereby agrees to be responsible for any defects in the Premises, and on-going maintenance and repair of any condition at the Project, subject to the provisions contained in this Paragraph 7. Lessor's failure ’s obligations under this Paragraph 7.2 shall include restorations, replacements or renewals when necessary to keep the Premises in good order, condition and repair. state of repair the portions of the Premises and the improvements thereon required to be repaired and maintained by Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessorin accordance with this Paragraph 7.2.

Appears in 1 contract

Samples: Industrial Lease (Solyndra, Inc.)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, Lessor shall keep the Office Building Project, including the Premises interior and exterior walls, roof, and common areas, and the equipment whether used exclusively for the Premises or in common with other premises, in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall notrepair; provided, however, Lessor shall not be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintainpaint, repair or replace windows, doors wall coverings. or plate glass to repair or replace any improvements that are not ordinarily a part of the PremisesBuilding or are above the Building standards. Except as provided in paragraph 9.5, there shall be no abatement of rent or liability of Lessee on account of any injury or interference with Lessee's business with respect to any improvements, alterations or repairs made by Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairsOffice Building Project or any part thereof. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accidentNOTWITHSTANDING THE PROVISIONS OF PARAGRAPH 7.1, breakageIF LESSOR FAILS TO TIMELY PERFORM ITS MAINTENANCE AND REPAIR OBLIGATIONS HEREUNDER, repairsAND, strikesAS A CONSEQUENCE, lockoutLESSEE'S USE OF THE PREMISES IS SUBSTANTIALLY IMPAIRED, or other labor disturbances or disputes of any characterLESSEE SHALL HAVE THE RIGHT TO CAUSE SUCH REPAIR OR MAINTENANCE TO BE PERFORMED AT LESSOR'S EXPENSE AND TO DEDUCT THE COSTS THEREOF, or by any other cause beyond the reasonable control of LessorTOGETHER WITH INTEREST THEREON AT THE HIGHEST RATE PERMITTED BY LAW, FROM THE RENT PAYABLE TO LESSOR.

Appears in 1 contract

Samples: Office Lease (Pharsight Corp)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) ), and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas Area, and all parts thereof, thereof as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs repair, under this paragraph 7.1 until a reasonable time after receipt of written notice from the Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make snake repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor Lesser shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Profile Technologies Inc

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), ) 7.2 (Lessee's ’s Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's ’s employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's ’s expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior exterior, walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's ’s expense or to terminate this Lease because of Lessor's ’s failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or of nature by reason of Lessor's ’s failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Guaranty (Inamed Corp)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) ), and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall shall, consistent with similar industrial projects in the South San Francisco area, keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs signs, and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair repair, or replace the interior or exterior windows, doors doors, or plate glass of the Premises. In no event will Lessor be obligated to paint the exterior of the Premises or the Building more than once every eight (8) years. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits benefit of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition condition, and repair. Lessor shall not be liable for damages damage or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services services when such failure is not due to the gross negligence or willful misconduct of Lessor or is caused by accident, breakage, repairsrepair, strikesstrike, lockout, or other labor disturbances disturbance or disputes dispute of any character, or by any other cause beyond the reasonable control of Lessor.. Lessee may make a necessary repair in contravention of this section only in the case of an emergency. Notwithstanding the foregoing, in the event of the failure to furnish, any stoppage of or other interruption in the furnishing of the services or utilities which Lessor provides as of the commencement of this Lease or is otherwise required to provide under this Lease which causes the Premises to become "Practicably Unusable" (as

Appears in 1 contract

Samples: Discovery Partners International Inc

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs Paragraphs 2.2 (Condition), 2.3 (Compliance with Covenants, Restrictions and Building Code), 4.2 (Common Area Operating Expenses), . 6 (Use), 7.2 7.1 (Lessee's Obligations) and ), 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee14 (Condemnation), Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph Paragraph 4.2, shall keep in good order, condition and repair the following items (collectively, the "Lessor's Property"): the foundations, exterior walls, walls and structural condition of interior bearing wallswalls of the Building and Premises, and roof the structural (non-surface) portion of the floor slabs of the Premises, as well all of the systems and equipment which commonly serve the Premises and the premises of other tenants within the Building to the extent not located within the Premises (such as the ESFR pump located outside the Building), the roof of the Building (excluding, however, the HVAC Systems located thereon which are Lessee's responsibility to maintain pursuant to Paragraph 7.1 above), the Common Areas, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility installations of and fire/and life safety systems serving the Common Areas and all parts thereof, as well as providing the services for which there is an a Common Area Operating Expense pursuant to paragraph Paragraph 4.2. Lessor shall not, however, not be obligated to paint the exterior or interior surface surfaces of exterior walls, walls nor shall Lessor be required obligated to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits benefit of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises Building, Industrial Center or Common Areas in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Graham Field Health Products Inc

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs Paragraphs 1.13 (Lessor's Improvements), 1.14 (Lessee's Improvements), 2.2 (Condition), 4.2 (Operating Expenses), 6 (Use), 7.2 ) 7.1 (Lessee's Obligations) and ), 9 (Damage or Destruction), 13.5 (Breach by Lessor), and 14 (Condemnation) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, customers or invitees, invitees (in which event Lessee shall repair the damage. ), Lessor, at Lessor's sole expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundationsroof, foundation and exterior walls, structural condition of interior bearing walls, and roof walls of the Premises, as well as utility systems located outside the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of Premises (to the Common Areas and all parts thereof, as well as providing extend the services for which there is an Operating Expense pursuant same serve other premises in addition to paragraph 4.2the Premises). Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, or doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 Paragraph 7.2 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to perform any such repairs or to furnish any Common Area Services such services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Commercial Lease (American Consolidated Management Group Inc)

LESSOR'S OBLIGATIONS. 7.1.1 Subject to the provisions of paragraphs Sections 3.3 (Condition of Premises), 4.2 (Operating Expenses), 4.4 (Lessor's Obligation to Maintain Structural Elements), 6 (Use), 7.2 (Lessee's Obligations) ), 7.3 (Environmental Matters), and 9 (Damage or Destruction) ), and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement as an Operating Expense if and to the extent provided pursuant to paragraph Section 4.2, shall (y) keep in good condition and repair the foundations, internal structural columns, floor slabs, exterior walls, structural condition of interior bearing walls, roof and roof membrane of the PremisesBuilding, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations exterior lighting facilities, and (z) replace any Building Systems existing as of the Common Areas date of this Lease resulting from requirements of applicable law and all parts thereofdilapidations following the expiration of a system's useful life. Lessor's obligations under this Section 7.1.1 shall include, as well as providing without limitation, the services for which there is an Operating Expense pursuant repair of latent defects in the construction and design of the structural elements of the Building (including the roof and roof membrane) and any alterations thereof approved by Lessor in accordance with, and subject to paragraph 4.2the limitations of, Section 7.4 hereof. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior wallswalls (except as provided in Section 4.2 hereof), nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the PremisesBuilding. Upon written notice from Lessee of any repair or maintenance to be done by Lessor as provided in this Section 7.1, Lessor shall promptly cause such work to be commenced and diligently prosecuted to completion. Lessor shall have no obligation to make repairs under this paragraph Section 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Industrial Lease Agreement (Western Digital Corp)

LESSOR'S OBLIGATIONS. Subject In Paragraph 7.2, delete the remainder of the paragraph following "Premises)" in line 3, and replace with the following: 22 and subject to Lessee's obligation to reimburse Lessor for the provisions of paragraphs 4.2 Operating Expenses pursuant to Article 4, Lessor shall repair and maintain the roof (Operating Expensesexcluding interior ceilings), 6 (Use)the foundations, 7.2 (Lessee's Obligations) the structural and 9 (Damage exterior portions of the Premises and any building in which the Premises are located, without limitation all of the following: exterior walls; loading docks; exterior sidewalks and walkways; landscaped areas and irrigation facilities; driveways and parking areas, including resurfacing, restriping and other repairs; periodic exterior painting, as determined by Lessor; and exterior lighting fixtures and appurtenances; provided, however, Lessee shall pay as Additional Rent any maintenance and repairs necessitated by active negligence, willful misconduct or Destruction) and except for damage caused breach of this Lease by any negligent or intentional act or omission of Lessee, Lessee's employeesits agents, suppliersservants, shippers, customers, employees or invitees, in which event Lessee or caused by alterations, additions or improvements made by Tenant to the Premises. Except as hereinafter specifically provided, there shall repair the damage. be no abatement of rent, and no liability of Lessor, at Lessorby reason of any injury to or interference with Lessee's expensebusiness arising from the making of any repairs, subject alterations, or improvements to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof any portion of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior building or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation not be liable for any failure to make such repairs or to perform any maintenance unless such failure shall persist for more than five (5) consecutive business days after written notice of the need therefor has been given to Lessor by Lessee. If Lessor fails to perform Lessor's obligations under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee 7.2, and such failure materially interferes with Lessee's use of the need Premises and continues for more than five (5) consecutive business days after Lessee provides Lessor with notice of such repairsfailure (or such shorter period as may be reasonable due to the nature of such failure), Lessee may perform such obligations on Lessor's behalf, and if Lessee so elects, Lessor shall reimburse Lessee, upon demand, for the costs thereof (and any reasonable costs and fees associated with Lessee's collection of such costs). Lessee expressly With the exception of the foregoing sentence, Tenant waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because under Section 1942 of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockoutCalifornia Civil Code, or other labor disturbances or disputes of any character, or by under any other cause beyond the reasonable control of Lessorlaw, statute, ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Work Letter Agreement (Combichem Inc)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs Paragraphs 4.2 (Operating Expenses), . 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, 4.2 shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Industrial Lease (Valueclick Inc/Ca)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Qad Inc

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Redenvelope Inc

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, customers or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs signs, and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of the Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Industrial Lease (Eltrax Systems Inc)

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LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and Paragraph 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employeesagent, suppliers, shippers, customers, employees or invitees, invitees in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good order, condition and repair the sprinkling system, foundations, exterior walls, structural condition of interior bearing walls, walls and the exterior roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior wallssuch exterior, nor shall Lessor be required to maintainmaintain the interior surface of exterior walls, repair or replace windows, doors or plate glass of the Premisesglass. Lessor shall have no obligation to make repairs under this paragraph Paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease lease because of Lessor's failure to keep the Premises in good order, condition and repair. Notwithstanding the foregoing to the extent Lessor fails to undertake repair and maintenance required of Lessor hereunder within thirty (30) days of written notice from Lessee and diligently continue such repair and maintenance, Lessee shall not be liable entitled to undertake such repair and maintenance and be reimbursed by Lessor for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessoractual out-of-pocket expenses incurred by Lessee relating thereto.

Appears in 1 contract

Samples: Scanner Technologies Corp

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's ’s Obligations) and 9 (Damage or Destruction) ), and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's ’s employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's ’s expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from the Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's ’s expense or to terminate this Lease because of Lessor's ’s failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's ’s failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.. Initials Standard Industrial Lease - Multi Tenant Page 5

Appears in 1 contract

Samples: Fourth Amendment to Lease (Drone USA Inc.)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs paragraph 4.2 (Operating Expenses), 6 (Use), 7.2 (Lesseelessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premisespremises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas common areas and all parts thereof, thereof as well as providing the services for which there is an Operating Expense operating expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premisespremises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives Lessor shall periodically, at its sole discretion, paint the benefits exterior building walls. The cost of any statute now or hereafter such building maintenance items shall be in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate accordance with all provisions in paragraph 4.2 (Operating Expenses) of this Lease because of Lessor's failure to keep the Premises in good order, condition and repairlease. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services common areas services when such failure is caused by accident, breakage, repairs, strikes, lockout, lockout or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Industrial Lease Agreement (Celebrateexpress Com Inc)

LESSOR'S OBLIGATIONS. a. Subject to the provisions of paragraphs 4.2 Section 4.02 (Operating Expenses), Article 5 (Uses), Article 6 (UseBuilding Parking), 7.2 Section 7.02 (Lessee's Obligations) and 9 Article 12 (Damage or Destruction) ), and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, customers or invitees, in which event Lessee shall shall, at its sole cost and expense, repair the damagedamage further utilizing a contractor of Lessor's choice. Lessor, Lessor at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2Section 4.02, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas Building and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2Section 4.02. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 Section 7.01 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services such services when such failure is caused by accident, breakage, repairs, strikes, lockout, lockout or any other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Lease Agreement (Gaming & Entertainment Group Inc)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Lease Agreement (T Netix Inc)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs Paragraphs 2.2 (Condition), 2.3 (Compliance with Covenants, Restrictions and Building Code), 4.2 (Common Area Operating Expenses), 6 (Use), 7.2 7.1 (Lessee's Obligations) and ), 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee14 (Condemnation), Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph Paragraph 4.2, shall keep in good order, condition and repair the foundations, exterior walls, structural condition of interior bearing walls, exterior roof, fire sprinkler and/or standpipe and roof of hose (if located in the PremisesCommon Areas) or other automatic fire extinguishing system including fire alarm and/or smoke detection systems and equipment, as well as the fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility installations of systems serving the Common Areas and all parts thereof, as well as providing the services for which there is an a Common Area Operating Expense pursuant to paragraph Paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface surfaces of exterior walls, nor walls but Lessor shall Lessor not be required obligated to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits benefit of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises Building, Industrial Center or Common Areas in good order, condition and repair. Lessor 7.3 UTILITY INSTALLATIONS, TRADE FIXTURES, ALTERATIONS. (a) DEFINITIONS; CONSENT REQUIRED. The term "UTILITY INSTALLATIONS" is used in this Lease to refer to all air lines, power panels, electrical distribution, security, fire protection systems, communications systems, lighting fixtures, heating, ventilating and air conditioning equipment, plumbing, and fencing in, on or about the Premises. The term "TRADE FIXTURES" shall not be liable for damages or loss mean Lessee's furnishings, machinery and equipment, and other Installations of any kind whatsoever, which can be removed without doing material damage to the Premises. The term "ALTERATIONS" shall mean any modification of the improvements on the Premises which are provided by Lessor under the terms of this Lease, other than Utility installations or nature Trade Fixtures. "LESSEE-OWNED ALTERATIONS AND/OR UTILITY INSTALLATIONS" are defined as nonstructural Alterations and/or Utility Installations made by reason of Lessee that are not yet owned by Lessor pursuant to Paragraph 7.4(a). Lessee shall not make nor cause to be made any Alterations or Utility Installations in, on, under or about the Premises without Lessor's failure prior written consent. Lessee may, however, make non-structural Utility Installations or Alterations to furnish the interior of the Premises (excluding the roof) without Lessor's consent but upon notice to Lessor, so long as they are not visible from the outside of the Premises, do not involve puncturing, relocating or removing the roof or any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockoutexisting walls, or other labor disturbances changing or disputes interfering with the fire sprinkler or fire detection systems and the cost thereof during the term of this lease as extended does not exceed $5,000.00 as to any characterproject, or by $50,000.00 over any other cause beyond the reasonable control of Lessor.twelve (12) month period. (b)

Appears in 1 contract

Samples: Mossimo Inc

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs Paragraphs 2.2 (Condition), 2.3 (Compliance), 4.2 (Common Area Operating Expenses), 6 (Use), 7.2 7.1 (Lessee's Obligations) and ), 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee14 (Condemnation), Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph Paragraph 4.2, shall keep in good order, condition and repair the foundationsfire sprinkler system, exterior wallsCommon Area fire alarm and/or smoke detection systems, structural condition of interior bearing wallsfire hydrants, and roof of the Premises, as well as the parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility installations of systems serving the Common Areas and all parts thereof, as well as providing the services for which there is an a Common Area Operating Expense pursuant to paragraph Paragraph 4.2. Lessor shall not, however, not be obligated to paint the exterior or interior surface surfaces of exterior walls, walls nor shall Lessor be required obligated to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits benefit of any statute now or hereafter in effect which would otherwise afford to the extent it is inconsistent with the terms of this Lease. Lessee shall be responsible for the right repair or replacement of the foregoing to make repairs at the extent not covered by Lessor's expense insurance, if the need for the repair or replacement is due to terminate this Lease because of Lessordamage caused by Losses or Lessee's failure to employees, agents or invitees. Lessor shall keep the Premises in good order, condition and repair. Lessor shall not be liable repair the foundations, exterior walls, structural condition of interior bearing walls and exterior roof, without reimbursement from Lessee, unless the need for damages repair or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure replacement is caused by accidentacts or omissions of Lessee or its employees, breakage, repairs, strikes, lockout, agents or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessorinvitees.

Appears in 1 contract

Samples: Divine Inc

LESSOR'S OBLIGATIONS. Subject to the other provisions of paragraphs 4.2 this Lease, including, without limitation, PARAGRAPHS 6.2 (Condition of the Premises), 6.3 (Compliance with Covenants, Restrictions and Building Code), 4.3 (Common Area Operating Expenses), 6 6.1 (Permitted Use), 7.2 (Lessee's Obligations) and 9 11 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee10 (Condemnation), Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2PARAGRAPH 4.3, shall keep in good order, condition and repair the foundations, exterior walls, structural condition of interior bearing walls, exterior roof, fire sprinkler and/or standpipe and roof hose (if located in the Common Areas) or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment of the PremisesIndustrial Center, as well as the including, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility installations of systems serving the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, not be obligated to paint the exterior or interior surface surfaces of exterior walls, walls nor shall Lessor be required obligated to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall not be obligated to paint, repair or replace wall coverings or to repair or replace any improvements that have no obligation to make repairs under this paragraph 7.1 until become damaged as a reasonable time after receipt of written notice from Lessee result of the need for such repairsnegligent or intentional acts of Lessee. Lessor shall in no event be responsible to repair, replace or otherwise maintain any improvements to the Premises made by Lessee. Except as provided in PARAGRAPH 11.5, there shall be no abatement of rent or liability of Lessor on account of any injury or interference with Lessee's business with respect to any improvements, alterations or repairs made by Lessor to the Industrial Center or any part thereof. Lessee expressly waives the benefits benefit of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises Building, the Industrial Center or the Common Areas in good order, condition and repair. Lessor shall not be liable have the right and responsibility to make all capital improvements to the Industrial Center, and to charge Lessee for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessorsame as hereinafter provided.

Appears in 1 contract

Samples: Agreement of Lease (Cosmetic Center Inc)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs signs, and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors doors, or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for of such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Agreement (LJL Biosystems Inc)

LESSOR'S OBLIGATIONS. Lessor shall maintain, repair and replace the structural elements of the Premises, such as the foundation and structural members of the roof. Subject to Lessee’s proper maintenance and repair of the roof membrane, Lessor shall also be responsible to replace the roof at such time as the roof can no longer be maintained in its existing condition as reasonably determined by Lessor. Lessee shall notify Lessor of any need for Lessor to perform maintenance, repairs, or replacements under this Lease. Lessor shall have no obligation to perform any work until Lessor receives written notice from Lessee. Upon receipt of notice from Lessee, Lessor shall use commercially reasonable efforts to cause the maintenance, repairs, and replacement to be performed in a timely and diligent manner. Subject to Lessor’s obligations set forth previously in this Section 7.2, the provisions of paragraphs 4.2 Paragraphs 2.2 (Operating ExpensesCondition), 6 2.3 (UseCompliance), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and 14 (Condemnation), it is intended by the Parties hereto that, except for damage damage, loss or destruction caused by any negligent or intentional act or omission of LesseeLessor, Lessee's Lessor’s agents, employees, suppliersrepresentatives or other parties directed or controlled by Lessor, shippersLessor shall have no obligation, customersin any manner whatsoever, to repair and maintain the Premises, or inviteesthe equipment therein, in all of which event Lessee shall repair obligations are intended to be that of the damageLessee. Lessor, at Lessor's expense, subject It is the intention of the Parties that the terms of this Lease govern the respective obligations of the Parties as to reimbursement pursuant to paragraph 4.2, shall keep in good condition maintenance and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as and they expressly waive the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits benefit of any statute now or hereafter in effect which would otherwise afford Lessee to the right to make repairs at Lessor's expense or to terminate extent it is inconsistent with the terms of this Lease because Lease. Notwithstanding the foregoing, all structural elements of Lessor's failure to keep the Premises in good orderPremises, condition including the foundation and repair. Lessor exterior walls shall not be liable for damages or loss the responsibility of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Lumenis LTD

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippersshipper, customers, customers or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, 4.2 shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, walls and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute statue now or hereafter hereinafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Legends of the Faith Inc

LESSOR'S OBLIGATIONS. Subject to the provisions provision of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph Paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph Paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph Paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure Lessxx'x xailure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Tenant Lease (Kensey Nash Corp)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, Lessor shall keep the Building Project, including the Building's exterior walls, roof, and common areas, in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof within a reasonable time after receiving notice or having actual knowledge of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services need for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall notrepairs or maintenance; provided, however, Lessor shall not be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintainpaint, repair or replace windowswall coverings, doors or plate glass to repair or replace any improvements that are not ordinarily a part of the PremisesBuilding or are above then Building standards. Lessor shall have make the repairs and replacements to maintain the Building in a condition comparable to first class office buildings. Except as provided in paragraph 9.5, there shall be no obligation abatement of rent or liability of Lessee on account of any injury or interference with Lessee's business with respect to make any improvements, alterations or repairs under made by Lessor to the Building Project or any part thereof, or on account of any interruption of services or of access to the Premises, Building or Building Project; provided, however, that if the Premises are unusable by an event other than damage or destruction, condemnation or an act or omission of Lessee or Lessee's agents, contractors, invitees or employees, and if such condition persists for more than (a) ten (10) consecutive days, then Monthly Base Rent hereunder and all operating expenses and other parking costs shall be abated, on a day-by-day basis, for every day thereafter that such condition continues, and (b) ninety (90) consecutive days, then Lessee may terminate this paragraph 7.1 until a reasonable time after receipt Lease as of such ninetieth (90th) consecutive day by providing Lessor with irrevocable written notice from Lessee of the need for such repairsits election within ten (10) days thereafter. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Office Lease (Loudeye Technologies Inc)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's ’s Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's ’s employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's ’s expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense Expense, pursuant to paragraph 4.2. Lessor shall not, however, be by obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a an reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's ’s expense or to terminate this Lease because of Lessor's ’s failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's ’s failure to furnish any Common Area Services services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Inamed Corp

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs Paragraphs 2.2 (Condition), 2.3 (Compliance with Covenants, Restrictions and Building Code), 4.2 (Common Area Operating Expenses), 6 (Use), 7.2 7.1 (Lessee's Obligations) and ), 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee14 (Condemnation), Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph Paragraph 4.2, shall keep in good order, condition and repair the foundations, exterior walls, structural condition of interior bearing walls, exterior roof, fire sprinkler and/or standpipe and roof of hose (if located in the PremisesCommon Areas) or other automatic fire extinguishing system including fire alarm and/or smoke detection systems and equipment, as well as the fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility installations of systems serving the Common Areas and all parts thereof, as well as providing the services for which there is an a Common Area Operating Expense pursuant to paragraph Paragraph 4.2. Lessor shall not, however, not be obligated to paint the exterior or interior surface surfaces of exterior walls, walls nor shall Lessor be required obligated to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits benefit of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises Building, Industrial Center or Common Areas in good order, condition and repair. Notwithstanding the provisions of this paragraph 7.2, if Lessor fails to commence any necessary maintenance or repair pursuant to this paragraph within five (5) business days of Lessee's written request regarding same, Lessee shall not have the right to cause such repair or maintenance to be liable for damages or loss of any kind or nature by reason of performed at Lessor's failure expense, and to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond deduct the reasonable control of Lessorcost thereof, with interest thereon at the highest rate permitted by law, from Lessee's Base Rent.

Appears in 1 contract

Samples: Medibuy Com Inc

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's LESSEE'S Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of LesseeLESSEE, Lessee's LESSEE'S employees, suppliers, shippers, customers, or invitees, in which event Lessee LESSEE shall repair the damage. Lessor, LESSOR, at LessorLESSOR's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the PremisesPREMISES, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas AREAS and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor LESSOR shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor LESSOR be required to maintain, repair or replace windows, doors or plate glass of the PremisesPREMISES. Lessor LESSOR shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee LESSEE of the need for such repairs. Lessee LESSEE expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee LESSEE the right to make repairs at LessorLESSOR's expense or to terminate this Lease LEASE because of LessorLESSOR's failure to keep the Premises PREMISES in good order, condition and repair. Lessor LESSOR shall not be liable for damages or loss of any kind or nature by reason of LessorLESSOR's failure to furnish any Common Area AREA Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of LessorLESSOR.

Appears in 1 contract

Samples: Applied Molecular Evolution Inc

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) ), and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair repair, or replace windows, doors, or plate glass of the Premises or windows, doors or plate glass forming part of the exterior of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition condition, and repair. Lessor shall not be liable for damages damage or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services services when such failure is caused by accident, breakage, repairsrepair, strikesstrike, lockout, or other labor disturbances disturbance or disputes dispute of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Lease (WTC Industries Inc)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs Paragraph 2.2 (Condition, 2.3(Compliance with Covenants, Restrictions and Building Code), 4.2 (Common Area Operating Expenses)Expense, 6 (Use), 7.2 7.1 (Lessee's Obligations) and , 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee14 (Condemnation, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph Paragraph 4.2, . shall keep in good order, condition and repair the foundationsfoundation, exterior walls, structural condition of interior bearing beam walls, exterior roof, fire sprinkler and/or standpipe and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of hose (if located in the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2Areas) or other automatic fire extinguishing system including fire alarm. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after Upon receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right repairs and subject to make repairs Paragraph 13.5,Lessor shall, at Lessor's expense or to terminate this Lease because keep the foundations, exterior roof and structural aspects of Lessor's failure to keep the Premises in good order, condition and repair, Lessor shall not, however be obligated to paint the exterior surface of the exterior walls or to maintain the windows, doors or fate last or the interior surface of exterior walls. Lessor shall not be liable not, in any event, have any obligation to make any repairs until Lessor receives written notice of the need for damages or loss such repairs. It is the intention of the Parties that the terms of this Lease govern the respective obligations of the Parties as to maintenance and repairs of the Presses. Lessee and Lessor expressly waived the benefit of any kind statute now or nature hereafter in effect to the extent it is inconsistent with the terms of this Lease with respect to, or which affords Lessee the right to make repairs at the expense of Lessor or to terminate this Lease by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, needed repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: American Custom Components Inc

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any area, negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof root of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time time, after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, characters or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Industrial Lease (Solpower Corp)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 Section 9 (Operating Expenses), 6 Damage and Destruction) and 14 (Use), Condemnation) and Section 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) ), and except for to the extent any damage is caused by any negligent or intentional act or omission of Lessee, Lessee or Lessee's employees, suppliers, shippers, customers, or inviteesinvitees (which is not covered by insurance carried by Lessor), in which event Lessee shall repair the damage. Lessor, any such damage at LessorLessee's expense, subject to reimbursement pursuant to paragraph 4.2, Lessor shall keep in good condition and repair the foundations, structural portion of the exterior walls (other than cleaning or painting of the exterior surface of such exterior walls, structural condition which maintenance or painting shall be the responsibility of interior bearing wallsLessee), and foundations, the roof of the PremisesBuilding, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas Areas. The cost and all parts thereof, expense of any repairs and replacements made by Lessor shall be reimbursed by Lessee as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2Expense. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, walls nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph Section 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair; provided that if the condition materially interferes with the conduct of Lessee's business and Lessor has not repaired the condition in a timely manner, Lessee may exercise its legal rights and seek an appropriate remedy at law or in equity. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such services, except where and to the extent such failure is caused by accidentthe sole, breakageactive negligence or intentional misconduct of Lessor or the agents, repairsemployees, strikes, lockoutcontractors or invitees of Lessor, or other labor disturbances or disputes the breach of any character, or this Lease by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: International Microcircuits Inc

LESSOR'S OBLIGATIONS. Subject Except for the obligations of Lessor under Paragraph 6.2(a) and 6.3(a) (relating to the provisions of paragraphs 4.2 (Operating ExpensesLessor's warranty), 6 (Use), 7.2 (Lessee's Obligations) and Paragraph 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject relating to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof destruction of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs ) and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant under Paragraph 14 (relating to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass condemnation of the Premises. ), it is intended by the parties hereto that Lessor shall have no obligation obligation, in any manner whatsoever, to make repairs under this paragraph 7.1 until a reasonable time after receipt repair and maintain the Premises nor the building located thereon nor the equipment therein, whether structural or non structural, all of written notice from Lessee which obligations are intended to be that of the need for such repairsLessee under Paragraph 7.1 hereof. Lessee expressly waives the benefits benefit of any statute now or hereafter hereinafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises premises in good order, condition and repair. 7.5 Alterations and Additions (a) Lessee shall not, without Lessor's prior written consent make any alterations, improvements, additions, or Utility installations in, on or about the Premises, except for nonstructural alterations not exceeding $20,000.00 in cumulative costs during the term of this Lease. In any event, whether or not in excess of $20,000.00 in cumulative cost, Lessee shall make no change or alteration to the exterior of the Premises nor the exterior of the building(s) on the Premises without Lessor's prior written consent. As used in this Paragraph 7.5 the term "Utility Installation" shall mean carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, and fencing. Lessor may require that Lessee remove any or all of said alterations, improvements, additions or Utility Installations at the expiration of the term, and restore the Premises to their prior condition. Lessor may require Lessee to provide Lessor, at Lessee's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Lessor against any liability for mechanic's and materialmen's liens and to insure completion of the work. Should Lessee make any alterations, improvements, additions or Utility Installations without the prior approval of Lessor, Lessor may require that Lessee remove any or all of the same. (b) Any alterations, improvements, additions or Utility Installations in, or about the Premises that Lessee shall desire to make and which requires the consent of the Lessor shall be presented to Lessor in written form, with proposed detailed plans. If Lessor shall give its consent, the consent shall be deemed conditioned upon Lessee acquiring a permit to do so from appropriate governmental agencies, the furnishing of a copy thereof to Lessor prior to the commencement of the work and the compliance by Lessee of all conditions of said permit in a prompt and expeditious manner. (c) Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use in the Premises, which claims are or may be secured by any mechanics' or materialmen's lien against the Premises or any interest therein. Lessee shall give Lessor not less than ten (10) days' notice prior to the commencement of any work in the Premises, and Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. If Lessee shall, in good faith, contest the validity of any such lien, claim or demand, then Lessee shall, at its sole expense defend itself and Lessor against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Lessor or the Premises, upon the condition that if Lessor shall require, Lessee shall furnish to Lessor a surety bond satisfactory to Lessor in an amount equal to such contested lien claim or demand indemnifying Lessor against liability for the same and holding the Premises free from the effect of such lien or claim. In addition, Lessor may require Lessee to pay Lessor's attorneys fees and costs in participating in such action if Lessor shall decide it is to its best interest to do so. (d) Unless Lessor requires their removal, as set forth in Paragraph 7.5(a), all alterations, improvements, additions and Utility Installations (whether or not such Utility Installations constitute trade fixtures of Lessee), which may be made on the Premises, shall become the property of Lessor and remain upon and be surrendered with the Premises at the expiration of the term. Notwithstanding the provisions of this Paragraph 7.5(d), Lessee's machinery and equipment, other than that which is affixed to the Premises so that it cannot be liable for damages or loss removed without material damage to the Premises, shall remain the property of any kind or nature Lessee and may be removed by reason Lessee subject to the provisions of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockoutParagraph 7.2, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessorcan be removed and building returned to its initial state.

Appears in 1 contract

Samples: Standard Industrial Lease (Xoma Corp /De/)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs Paragraphs 2.2 (Condition), 2.3 (Compliance with Covenants, Restrictions and Building Code), 4.2 (Common Area Operating Expenses, except as excluded therein), 6 (Use), 7.2 7.1 (Lessee's Obligations) and ), 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee14 (Condemnation), Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, and subject to the reimbursement pursuant to paragraph requirements of Paragraph 4.2, Lessor, shall keep in good order, condition and repair the foundations, exterior walls, structural condition of interior bearing walls, exterior roof, fire sprinkler and/or standpipe and roof hose (if located in the Common Areas) or other automatic fire extinguishing system including fire alarm and/or smoke detection systems and equipment, fire hydrants, the cooling tower equipment portion of the Premisesair conditioning system, as well as the parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility installations of systems serving the Common Areas and all parts thereof, as well as providing the services for which there is an a Common Area Operating Expense pursuant to paragraph Paragraph 4.2. Notwithstanding the foregoing, or anything in this Lease to the contrary, Lessor shall not be responsible to repair or maintain any roof mounted equipment of Lessee or any repairs required due to the installation of such equipment by Lessee pursuant to this Lease, but instead, Lessee shall responsible to repair and maintain any such equipment or make any such repairs as part of Lessee's obligations hereunder. Lessor shall not, however, not be obligated to paint the exterior or interior surface surfaces of exterior walls, walls nor shall Lessor be required obligated to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits benefit of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises Buildings, Industrial Center or Common Areas in good order, condition and repair. Notwithstanding anything contained herein to the contrary, if Lessor fails to perform any of its repair and maintenance obligations under this paragraph 7.2, and such failure materially interferes with Lessee's ability to use and occupy the Premises for the purposes permitted herein, Lessee shall have the right, but not the obligation, to perform such repairs and/or maintenance under the following circumstances: (i) if such failure continues for more than twenty (20) business days after written notice from Lessee, which notice shall include Lessee's determination that such repair or maintenance item is materially interfering with Lessee's use of the Premises; provided however, that if the nature of the repairs and/or maintenance to be completed by Lessor is such that more than twenty (20) business days are required to complete such repairs and/or maintenance, Lessor shall not be liable for damages have such additional time as is reasonably necessary to complete such repairs and/or maintenance so long as Lessor takes appropriate action to commence such repairs and/or maintenance to completion; or loss (ii) if such failure results in a bona fide emergency and Lessee gives Lessor written notice of any kind or nature by reason of such emergency, Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.take such

Appears in 1 contract

Samples: Cardiodynamics International Corp

LESSOR'S OBLIGATIONS. Subject Except for the warranties and agreements of Lessor contained in Paragraphs 2.2 (relating to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises), as well as the parking lots2.3 (relating to compliance with covenants, walkwaysrestrictions and building code), driveways, landscaping, fences, signs and utility installations 9 (relating to destruction of the Common Areas Premises) and 14 (relating to condemnation of the Premises), it is intended by the Parties hereto that Lessor have no obligation, in any manner whatsoever, to repair and maintain the Premises, the improvements located thereon, or the equipment therein, whether structural or non structural, all parts thereof, of which obligations are intended to be that of the Lessee under Paragraph 7.1 hereof. It is the intention of the Parties that the terms of this Lease govern the respective obligations of the Parties as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, maintenance and repair or replace windows, doors or plate glass of the Premises. Lessee and Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of expressly waive the need for such repairs. Lessee expressly waives the benefits benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease with respect to, or which would otherwise afford affords Lessee the right to make repairs at Lessor's the expense of Lessor or to terminate this Lease because by reason of any needed repairs. Notwithstanding the provisions herein, Lessor shall maintain the exterior walls, foundations, and roof. (SEE ADDENDUM #3) Notwithstanding anything to the contrary, in the lease or addendum thereto, Lessor's failure obligations to keep repair the Premises in good order, condition and repair. roof shall commence after approval of a roof inspection by Lessor (which approval shall not be liable for damages or loss unreasonably withheld) after Lessee's construction of any kind or nature its initial improvements have ceased and/or a certificate of occupancy has been issued by reason the City of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of LessorPasadena.

Appears in 1 contract

Samples: Idealab

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs paragraph 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 8 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement shall keep in good condition and repair the foundations, exterior walls and roof of the Premises. Lessor, at Lessee's expense pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations installation of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect affect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.Initials

Appears in 1 contract

Samples: Trio Tech International

LESSOR'S OBLIGATIONS. Subject Lessor agrees to repair and maintain the provisions structural portions of paragraphs 4.2 the Building and the plumbing, heating, ventilating, air conditioning, elevator and electrical systems installed or furnished by Lessor, unless such maintenance and repairs are (Operating Expenses), 6 (Use), 7.2 (i) attributable to items installed in Lessee's ObligationsPremises which are above standard interior improvements (such as, for example, custom lighting, special HVAC and/or electrical panels or systems, kitchen or rest room facilities and appliances constructed or installed within Lessee's Premises) and 9 or (Damage ii) caused in part or Destruction) and except for damage caused in whole by any negligent or intentional act the act, neglect or omission of Lessee, Lessee's employeesits agents, suppliersservants, shippers, customers, employees or invitees, in which event case Lessee shall repair the damage. will pay to Lessor, at Lessor's expenseas additional rent, subject to reimbursement pursuant to paragraph 4.2the reasonable cost of such maintenance and repairs. Except as provided in this Subparagraph 14(a), shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have has no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. LESSOR'S SOLE OBLIGATION WITH RESPECT TO THE PROVISIONS OF TELEPHONE OR TELECOMMUNICATION SERVICES SHALL BE TO PROVIDE AN INTERFACE WITH THE TELEPHONE NETWORK AT THE DEMARCATION POINT SUPPLIED BY THE LOCAL PUBLIC UTILITY AND CABLE PAIRS IN AN AMOUNT CONSISTENT WITH THE ENGINEERING STANDARDS TO WHICH THE BUILDING WAS DESIGNED. Lessor will not be liable for any failure to make any repairs under this paragraph 7.1 until a reasonable or to perform any maintenance unless such failure shall persist for an unreasonable time after receipt of written notice from Lessee of the need for of such repairs or maintenance is given to Lessor by Lessee. Except as provided in Paraxxxxx 00, Xxxxxx xxxl not be entitled to any abatement of rent and Lessor will not have any liability by reason of any injury to or interference with Lessee's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense under any laws, statute, ordinance, rule, regulation, order or ruling (including, without limitation, to terminate this Lease because of Lessor's failure to keep the extent the Premises are located in good orderCalifornia, condition the provisions of California Civil Code Sections 1941 and repair. Lessor shall not be liable for damages 1942 and any successor statutes or loss laws of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessora similar nature).

Appears in 1 contract

Samples: Lease (Xcarenet Inc)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs Paragraphs 2.2 (Condition), 2.3 (Compliance with Covenants, Restrictions and Building Code), 4.2 (Common Area Operating Expenses), 6 Expenses).'6 (Use), 7.2 7.1 (Lessee's Obligations) and ), 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee14 (Condemnation), Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, Lessor shall keep in good order, condition and repair the foundations, exterior walls, structural condition of interior bearing walls, exterior fire sprinkler arid/or standpipe and roof of hose (if located in the PremisesCommon Areas) or other automatic fire extinguishing system including fire alarm and/or smoke detection systems and equipment, as well as the fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility installations of systems serving the Common Areas and all parts thereof, as well as providing the services for which there is an a Common Area Operating Expense pursuant to paragraph Paragraph 4.2. Lessor shall not, however, not be obligated to paint the exterior or interior surface surfaces of exterior walls, walls nor shall Lessor be required obligated to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits benefit of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises Building, Center or Common Areas in good order, condition and repair. 7.3 Utility lnstallations, Trade Fixtures, Alterations. SEE ADDENDUM, PARAGRAPH 57 (a) Definitions; Consent Required. The term "Utility Installations" is used in this Lease to refer to all air lines, power panels, electrical distribution, security, fire protection systems, communications systems, lighting fixtures, heating, ventilating and 3ir conditioning equipment, plumbing, and fencing in, on or about the Premises. The term "Trade Fixtures" shall mean Lessee's machinery and equipment which can t)e removed without doing material damage to the Premises. The term "Alterations" shall mean any modification of the improvements on the Premises which are provided by Lessor under the terms of this Lease, other than Utility Installations or Trade Fixtures. "Lessee-Owned Alterations and/or 'Utility Installations" are defined as Alterations and/or Utility Installations made by Lessee that are not yet owned by Lessor pursuant to Paragraph 7.4(a). Lessee shall not make nor cause to be liable for damages made any Alterations or loss of any kind Utility Installations in, on, under or nature by reason of about the Premises without Lessor's failure prior written consent. Lessee may, however, make non-structural Utility Installations to furnish the interior of the Promises (excluding the roof) without Lessor's consent but upon notice to Lessor, so long as they are not visible from the outside of the Promises, do not involve puncturing, relocating or removing the roof or any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockoutexisting walls, or other labor disturbances changing or disputes interfering with the fire sprinkler or fire detection systems and the cumulative cost thereof during the term of any character, or by any other cause beyond the reasonable control of Lessor.this Lease as extended does not exceed $2,500.00. (b)

Appears in 1 contract

Samples: Fee Agreement (Orange National Bancorp)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) ), 48 (easements), and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippersshoppers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof root of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate Plate glass of the PremisesPremises or to maintain or repair anything required to be maintained by Lessee under Paragraph 7.2. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of for the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Brake Headquarters U S a Inc

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor ?ILLEGIBLE? shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this ?ILLEGIBLE? paragraph 7.1 until a reasonable time after receipt of written notice from Lessee Xxxxxx of the need for such repairs. Lessee expressly waives the benefits of any statute ?ILLEGIBLE? now or hereafter in effect which would otherwise afford Lessee the right to make repairs at LessorXxxxxx's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of LessorXxxxxx's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Assignment of Lease (Redenvelope Inc)

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's ’s Obligations) and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's ’s employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. , Lessor, at Lessor's ’s expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's ’s expense or to terminate this Lease because of Lessor's ’s failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or of nature by reason of Lessor's ’s failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or of disputes of any character, or by any other cause beyond the reasonable control of Lessor.

Appears in 1 contract

Samples: Inamed Corp

LESSOR'S OBLIGATIONS. Subject to the provisions of paragraphs 4.2 Section 9 (Operating ExpensesDamage and Destruction), 6 Section 14 (Use), Condemnation) and Section 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) ), and except for to the extent that any damage is caused by any negligent the breach of this Lease by Lessee or intentional by the act or omission of Lessee, Lessee or Lessee's employees, suppliers, shippers, customers, or invitees, in invitees (for which event Lessee shall be solely responsible for repair or replacement at Lessee's sole cost), Lessor shall perform all exterior and structural maintenance and repairs of the damage. LessorBuilding and the Common Areas, at Lessor's expenseincluding parking, subject to reimbursement pursuant to paragraph 4.2landscaping, shall keep in good condition and repair the foundationsroof, exterior wallssecurity patrol and for maintenance and repairs of the HVAC and fire suppression systems, structural condition the major elements of interior bearing wallsthe electrical system (e.g., switch gear, main electrical panels, emergency generators owned, operated or leased by Lessor and associated fuel storage tanks, and roof transformers), the overall system integrity of the fire alarm system and the water, gas (if provided as of August 31, 2000) and other Building-wide systems, to the extent they service the Building generally. In the event of a required repair that threatens to materially interfere with Lessee's use of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2. Lessor shall not, however, be obligated to paint the exterior or interior surface of exterior walls, nor shall Lessor be required to maintain, make such repair or replace windows, doors or plate glass of the Premises. Lessor shall have no obligation to make repairs under this paragraph 7.1 until a reasonable time after receipt of written notice from Lessee of the need for such repairsas soon as practicable. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair; provided that if the condition materially interferes with the conduct of Lessee's business and Lessor has not repaired the condition in a timely manner, Lessee may exercise its legal rights and seek an appropriate remedy in equity. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish any Common Area Services when such services, except where such failure is caused by accident, breakage, repairs, strikes, lockout, the gross negligence or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control willful misconduct of Lessor.

Appears in 1 contract

Samples: Manufacturers Services LTD

LESSOR'S OBLIGATIONS. Subject Upon receipt of written notice of the need for such repairs and subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Lessee's Obligations) and 9 (Damage or Destruction) Paragraph 13.5 and except for damage caused by any negligent or intentional act or omission omissions of Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage. Lessor, at Lessor's expenseLessor shall, subject to reimbursement pursuant to paragraph 4.253 of the Addendum, shall keep in good condition and repair the foundations, exterior walls, roof and structural condition of interior bearing walls, and roof aspects of the PremisesPremises [INSERT 3B] in good order, as well as the parking lots, walkways, driveways, landscaping, fences, signs condition and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4.2repair. Lessor shall not, however, be obligated to paint the exterior or interior surface of the exterior walls, nor shall Lessor be required walls or to maintain, repair or replace maintain the windows, doors or plate glass or the interior surface of the Premisesexterior walls. Lessor shall not, in any event, have no any obligation to make any repairs under this paragraph 7.1 until a reasonable time after receipt of Lessor receives written notice from Lessee of the need for such repairs. It is the intention of the Parties that the terms of this Lease govern the respective obligations of the Parties as to maintenance and repair of the Premises. Lessee and Lessor expressly waives waive the benefits benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease with respect to, or which would otherwise afford affords Lessee the right to make repairs at Lessor's the expense of Lessor or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair. Lessor shall not be liable for damages or loss of any kind or nature by reason of Lessor's failure to furnish of, any Common Area Services when such failure is caused by accident, breakage, needed repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of Lessor.. [INSERT 3BB]

Appears in 1 contract

Samples: Phoenix International Life Sciences Inc

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