Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 5 contracts
Sources: Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's its sole cost and expense, maintain the Premises in good orderperform all maintenance, condition repair and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within replacement tasks to the Premises; all equipment installed by or at the expense of Tenant; provided, however, prior to exercise and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use performance of the Premises as a result of performing any such work.
(3) Option, neither Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement nor Tenant shall be obligated to make repairs or alteration or other change improvements that would be considered a capital improvement or replacement expense (according to Generally Accepted Accounting Principles, “GAAP”). By way of illustration, but not as a limitation at all times throughout the Term, Tenant shall maintain all improvements to the Premises under generally accepted accounting principlesnow or hereafter existing therein or thereon in good condition consistent with the standards of maintenance established during Landlord’s ownership. Tenant’s obligation to maintain and repair shall also specifically include the maintenance, then it repair or replacement of fixtures and equipment essential to operation and enjoyment of the Premises; the heating, air- conditioning, electrical and plumbing systems; exterior and interior doors; windows and glass; any signs or other equipment installed and used by Tenant; and any easements appurtenant to the Premises in accordance with the terms of such easements. Tenant shall make such replacements of any of the foregoing as may become reasonably necessary during the Term. The provisions of this Section 9 shall not apply in the case of damage or destruction by fire or other casualty, or in the case of eminent domain, in which event the obligations of Tenant shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building controlled by the square footage of all buildings benefitted by specific provisions hereof addressing such improvement, including the Building) of the annual amortized amountevents. Such payment will be made by Tenant In carrying out its obligations as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceedsthis Section 9, Tenant will pay for agrees to conform to all requirements of law, the cost regulations of such repairapplicable public authorities, and the requirements of insurers. Notwithstanding anything in this Lease to the contraryFurther, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not take any action nor permit any action to be entitled taken which would result in or cause the loss, termination or forfeiture of any easement right appurtenant to a pro rata abatement the Premises or which would result in the violation of rent under any covenants, conditions or restrictions burdening the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeasePremises.
Appears in 3 contracts
Sources: Asset Transfer Agreement, Asset Transfer Agreement, Lease Agreement
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.consecutive
Appears in 3 contracts
Sources: Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc)
Maintenance and Repairs. (1) Except for matters specified FOUNDATION will manage the design and construction of the Manufacturing Facility, subject to SILEVO’s rights under Paragraph 4 above Section 5.1(b). FOUNDATION shall keep the foundation, the exterior walls, plate glass windows, exterior entrance doors, exterior entrance door closure devices, and Paragraph 8A(3) below as being Landlord's obligationother exterior openings; window and window frames, Tenant shallmolding, at Tenant's sole cost locks, and expensehardware; signs, maintain placards, decorations or advertising media of any type, underground utilities and roof of the Premises Manufacturing Facility and furnace in good orderrepair. FOUNDATION will keep SILEVO apprised, condition where applicable, of maintenance and repair, ordinary wear repair work to the Manufacturing Facility and tear will coordinate any such maintenance and damage by fire and casualty excepted, including: repair work with SILEVO so as to minimize the interior surfaces disruption of the ceilingsManufacturing Operations. SILEVO shall be responsible for the maintenance and repair of the Manufacturing Equipment. SILEVO shall make all needed repairs and replacements of the Manufacturing Equipment, walls and floors; all doors and interior windows; furnishings installed within the Premises; Manufacturing Facility (including all equipment installed by utility systems located either within or at above ground on the expense outside perimeter of Tenant; the Manufacturing Facility), except for repairs and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are replacements required to so maintain the Premisesbe made by FOUNDATION hereunder. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense Manufacturing Equipment should become in need of Tenant as are reasonably maintenance or repair required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant SILEVO hereunder, SILEVO shall give prompt written notice thereof to FOUNDATION reasonably describing the maintenance and repair work to be performed, the Manufacturing Equipment affected, and proposed treatment; but in the event a condition arises with respect to the Manufacturing Equipment that either (i) creates a materially unsafe condition or imminent danger to persons with respect to the Manufacturing Equipment, or (ii) materially impairs the Manufacturing Equipment, as set forth determined by FOUNDATION, FOUNDATION may make immediate interim repairs as are necessary to prevent damage from occurring. FOUNDATION and SILEVO shall work together to coordinate maintenance and repair under any available warranties. FOUNDATION may appoint SILEVO as its agent to enforce all such express warranties with respect to the Manufacturing Equipment on a case by case basis, to allow SILEVO to undertake needed maintenance and repairs on an expedited basis when necessary to minimize downtime and impact on the Manufacturing Operations. In the event the Manufacturing Facility should become in Paragraph 4 above. Landlord shall do all acts need of maintenance or repair required to comply be made by FOUNDATION hereunder, FOUNDATION shall give prompt notice thereof to SILEVO; but in the event of a materially unsafe condition or imminent danger to persons with all applicable laws, ordinances, regulations and rules of any public authority relating respect to the PremisesManufacturing Facility, except as determined by FOUNDATION, FOUNDATION shall make immediate interim repairs as are necessary to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repairprevent damage from occurring. Notwithstanding anything to the contrary contained in this Lease Section 15.7, if a condition arises with respect to the contrary, in the event Manufacturing Facility that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability either (i) caused directly creates a materially unsafe condition or indirectly by any act imminent danger to persons, or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decorationmaterially impairs the manufacturing capacity or operation of the Manufacturing Operations, alterationSILEVO shall provide prompt written notice thereof to FOUNDATION and FOUNDATION shall take commercially reasonable steps to address the condition, improvement or addition which directly causes such unusabilitytaking into account the urgency of the situation. Where appropriate, or FOUNDATION shall cooperate with SILEVO (iiie.g., assigning warranty rights) where to enable SILEVO to address the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasecondition.
Appears in 3 contracts
Sources: Research and Development Agreement, Research and Development Agreement (Solarcity Corp), Research and Development Agreement
Maintenance and Repairs. (1) Except Landlord shall be responsible for matters specified under Paragraph 4 above all repairs and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within maintenance to the Premises; all equipment installed , with the exception of (i) such repairs necessitated by Resident’s intentional or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use negligent misuse of the Premises which shall be the responsibility of Resident; (ii) the replacement, as a result needed, of performing batteries in the smoke detectors and CO detectors, and all interior and exterior light bulbs in the Premises which shall be the responsibility of Resident; and (iii) the replacement of the air-conditioning filter, which Resident is responsible to change at least once per month. If repairs are necessary due to Resident’s neglect or misuse Landlord has the right to make repairs without Resident’s approval and bill these repairs to Residents. Once Landlord is aware of needed repairs, they have the right to make such repairs as soon as they see fit without further notice to Resident, and Landlord does not have any obligation to allow Resident to make such work.
(3) repairs. Resident shall promptly inform ▇▇▇▇▇▇▇▇, or its agent, in writing, of any necessary repairs which need to be performed by Landlord. If Resident fails to notify Landlord of any issues and this leads to additional damage, Resident will maintain, repair and replace all structural components be responsible for the cost of the repairs of any additional damage. Resident shall keep the Premises and the roof of the Building, items furnished by Landlord in good and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it clean condition. Resident shall be Landlord's responsibility to promptly make and pay reimburse Landlord within five (5) days for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay costs for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for necessary repairs or the making of repairs (replacements necessitated by Resident’s intentional or both) which Landlord is obligated to effect at Landlord's expense renders a material portion negligent misuse of the Premises unusable for more than three consecutive business daysor any items furnished by Landlord, then Tenant shall otherwise Resident will be entitled subject to an abatement of rent commencing with the fourth business day that the same are unusable; providedlate fees described in section 5. Landlord, howeverits officers, that Tenant agents and employees, shall not be entitled liable in any manner for any loss, injury or damage to a pro rata abatement of rent under the foregoing Resident, its agents and guests, due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servantsoutstanding repairs. ▇▇▇▇▇▇▇▇’s sole obligation is to be reasonably diligent in Landlord’s effort to execute necessary maintenance repairs. If Landlord uses a third party to make repairs, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question Landlord is one which Tenant is not obligated to furnish under provide receipts, and may increase charges to account for Landlord’s time spent on the provisions matter. Landlord has the right to preform regular inspections and make repairs during the term of this Leasethe lease, and charge Resident for such repairs in as timely manner. Without providing concession, Landlord has the right to make improvements to the Unit during the term of the lease, while the Unit is occupied, and will make every effort to minimize disturbance to Resident.
Appears in 3 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above as otherwise provided in this Article and Paragraph 8A(3) below as being Landlord's obligationArticles 12 and 13, Tenant shall, at Tenant's sole cost Sublessor shall keep and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good working order, condition and repair as required under this Leasecomparable to buildings in similar first-class office parks in the Portsmouth and Dover, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain New Hampshire market area the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, Common Facilities and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage portions of the Building including but not limited to the roof, exterior walls, floor slabs, columns, elevators, the plumbing, heating, lighting, and other building standard electrical equipment, ventilating equipment, air conditioning equipment, the elevators or escalators, and the life safety systems and equipment, utility systems and bathrooms wherever located. Sublessor shall also keep and maintain or cause to be maintained the Common Facilities including without limitation the parking lot, landscaped areas and other exterior grounds, stormwater management and drainage facilities, exterior lighting and the driveways, walkways, sidewalks, entrances and roadways in good order and repair, and shall keep the same reasonably free of debris, snow and ice. Except for repairs for which Sublessor is responsible hereunder, Sublessee shall maintain the Premises in the condition the Premises were in on the Rent Commencement Date, reasonable wear and tear, damage resulting from Sublessor’s activities or breach of Sublessor’s repair and maintenance obligations, damage by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amountfire or other casualty and governmental taking excepted. Such payment will be All repairs made by Tenant as set forth either Sublessor or Sublessee shall be done in Paragraph 4 above. Landlord shall do all acts required to comply a good and workmanlike manner in accordance with all applicable laws, ordinances, regulations . Whenever in this Lease the costs of repairs and rules of any public authority relating to the Premises, except to the extent that the foregoing maintenance are solely a result of Tenant's use imposed on one of the Premises. Tenant parties, such costs shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by first be paid from available insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, Sublessee shall have the right, in the event that the need for repairs its sole discretion, to terminate, in whole or the making of repairs (in part, any or both) which Landlord is obligated to effect at Landlord's expense renders a material portion all of the Premises unusable for more than three consecutive business daysrepair, then Tenant shall be entitled maintenance, cleaning or other services being provided by Sublessor pursuant to an abatement of rent commencing with the fourth business day that the same are unusablethis Lease; provided, provided however, that Tenant Sublessee shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission provide Sublessor with at least forty-five (45) days prior written notice of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licenseessuch termination, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes pay Sublessor for all amounts due Sublessor for such unusability, or services through the date of termination and (iii) where the repair in question perform such service or services itself or hire a substitute service provider that is one which Tenant is obligated reasonably acceptable to furnish under the provisions of this LeaseSublessor to carry out any such service that Sublessee has terminated with Sublessor.
Appears in 3 contracts
Sources: Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.)
Maintenance and Repairs. (1a) Except for matters specified the maintenance, repairs and replacements Landlord is required to make pursuant to Section 13(b) of this Lease, and except for items expressly excluded from Operating Costs under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationSection 6(b)(iii), Tenant shallshall take good care of the Premises and the fixtures and improvements therein, and, at Tenant's its sole cost and expense, maintain make repairs, restorations or replacements as and when needed to keep the Premises in good first class order, condition condition, and repair, ordinary reasonable wear and tear excepted. If Tenant fails, after notice to Tenant and damage the lapse of applicable grace periods in accordance with Section 31(b) of this Lease, to make any repairs, restorations or replacements required by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord may (but without any obligation to do so) make such repairs, restorations, or replacements at the reasonable expense of Tenant and such expense shall give be due within thirty (30) days of receipt by Tenant prior of written notice by Landlord, as additional rent. Tenant shall comply with all provisions of Section 13 and Section 15 of this Lease in connection with such repairs, restorations and replacements.
(b) Subject to Section 14(c), (d) and (e) hereof, and subject to Tenant's reimbursement of Landlord as provided in Section 6(b) hereunder, Landlord shall act as property manager for the Premises and, in such capacity, shall be responsible for the operation, maintenance and repair of the Premises, including but not limited to: Building maintenance, exterior window cleaning, normal maintenance and repair of the Premises (including heating and air conditioning systems, electrical and plumbing systems, landscaping, roof, roof membrane, elevator system, utility systems, Parking Lot, and snow removal) and security outside of the Building. In addition, Landlord shall make the structural repairs and replacements to the structural portion of the Premises that Landlord is required to make, at Landlord's cost and expense, without reimbursement from Tenant, pursuant to Section 6(b)(iii) of this Lease.
(c) Landlord agrees not to assign its responsibilities as property manager of the Premises to any other person or entity without first providing written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with obtaining Tenant's use of the Premises as a result of performing any written consent to such workassignment.
(3d) Landlord will maintainagrees, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement by not later than 45 days prior to the Premises under generally accepted accounting principlesCommencement Date, then it shall be Landlordto provide Tenant's responsibility to promptly make and pay Facilities Manager with a detailed property management plan for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result including proposed staffing levels and standards of Tenant's use management and maintenance of the Premises. Tenant shall do all acts required respond with its comments or approval of such plan within thirty (30) days of receipt of the management plan and to comply any revised submittal within ten (10) days of its receipt of the same. Landlord and Tenant shall discuss who Landlord shall hire or contract with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of as major service providers for the Premises. If Landlord shall have yearly inspections of the roof as required by the terms of the roof warranty and Landlord and Tenant shall cooperate in the enforcement of the roof warranty. Landlord shall advise Tenant in advance of any repair or maintenance cost believed to be in excess of $10,000. In the event Landlord or Tenant shall disagree about such plans, the need for such maintenance or repairs, or whom to hire as service providers, then Landlord and Tenant shall agree to a repair is required third party property manager, which third party property manager shall informally arbitrate such disputes.
(e) Except as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything provided elsewhere in this Lease to the contrary, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to, or interruption of business, arising from Landlord, Tenant or others making any repairs, restorations, replacements, alterations, additions or improvements in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material any portion of the Premises, or in or to fixtures, appurtenances or equipment thereof; provided that such repairs, restorations, etc. do not prevent Tenant from operating in the Premises unusable as anticipated hereunder for more than three consecutive business daystwenty-four hours. In such case, then Tenant Rent hereunder shall be entitled abated in proportion to an abatement of rent commencing with the fourth business day that untenantable space in the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under Premises. Notwithstanding the provisions of Section 12, Section 14 or Section 21 or any other provision of this Lease to the contrary, in exercising its rights pursuant to this Lease, Landlord shall not unreasonably interfere with the access to the Premises or Tenant's business operations therein.
Appears in 3 contracts
Sources: Lease (Brooks Automation Inc), Lease (Brooks Automation Inc), Lease (Helix Technology Corp)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above Tenant shall take good care of ----------------------- and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises (including all plate glass, Trade Fixtures, and improvements, additions, or alterations situated in good orderthe Premises) in a first class, clean, and safe condition and repair, ordinary wear and tear and other than damage caused by fire and casualty excepted, including: the interior surfaces negligence of Landlord. Tenant shall not commit or allow any waste or damage to be committed on any portion of the ceilingsPremises or the Project. Tenant shall repair or replace any damage to any part of the Project, walls caused by Tenant or by a Tenant Related Party. However, Landlord may, at its option, make such repairs, improvements, or replacements; and floorsTenant shall repay Landlord on demand the actual costs incurred by Landlord to make such repairs, improvements, or replacements plus an additional charge (as determined by Landlord) to cover administrative overhead. Landlord shall arrange for the repair and maintenance of the foundation, exterior walls, and roof of the Building; all doors and interior windows; furnishings installed the public areas within the PremisesBuilding; all equipment the heating, air conditioning, and ventilation system within the Building; and the facilities providing utility services (other than facilities installed by a telephone or at the expense of telecommunications provider selected by Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs ) which are located within the Premises.
Project (2) In the event that Tenant fails to maintain the Premises in good ordercollectively, condition and repair as required under this Lease"Landlord's Repair Obligations"). Landlord, Landlord however, shall give Tenant prior written notice to do such acts as are not be required to so maintain make any repairs arising as a result of, in whole or in part the Premisesact or negligence of Tenant or any Tenant Related Party; and the cost of those repairs shall be the obligation of Tenant. In the event that the Premises become in need of repairs which are within Landlord's Repair Obligations, Tenant fails shall give immediate notice to commence Landlord of the nature of such work within 30 days after written demand by Landlord, repair needs; and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, responsible in any way for failure to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord make any repairs until a reasonable time shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) elapsed after receipt by Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasewritten notice.
Appears in 3 contracts
Sources: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above as otherwise provided in this Lease and Paragraph 8A(3) below subject to reimbursement, if any, as being Landlord's obligationexpressly provide herein, Tenant shall, Landlord at Tenant's sole cost its expense shall keep and expense, maintain the Premises in good orderCommon Areas, condition foundation, roof, and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces structural portions of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repairthe main utility connections serving the Building and Common Areas, replacement or alteration or other change would be considered a capital improvement or replacement in good working order and repair consistent with reasonable standards of building maintenance at all times during the term of this Lease. Landlord shall have the right to grant easements and/or rights-of-way over and across the Common Areas so long as Tenant’s access to the Premises under generally accepted accounting principles, then it and parking rights are not adversely affected. Tenant shall be Landlord's responsibility responsible for and shall at its expense repair any damage to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage roof of the Building by the square footage of all buildings benefitted by such improvement, including the Building) Premises resulting from any penetration of the annual amortized amount. Such payment will be roof of the Premises made by Tenant or its agents or contractors for the purpose of installing vents, exhaust fans, or similar devices serving the Premises or for any other purpose. Tenant at its expense shall repair any damage to any portion of the Premises and/or Building caused by the acts or omissions of Tenant or any of Tenant's contractors, employees, agents, customers, or invitees. Except for those items for which Landlord is responsible pursuant to the first sentence of this paragraph, Tenant at its expense shall keep and maintain the Premises in good, safe, and sanitary condition and repair at all times during the term of this Lease in such manner as set forth in Paragraph 4 above. Landlord shall do all acts and any insurer of the Premises reasonably may require and also as may be required to comply with all applicable laws, ordinances, rules, and regulations and rules of any public authority relating to the Premisesfederal, except to the extent that the foregoing are solely a result of Tenant's use of state, or local governmental agency or subdivision having jurisdiction over the Premises. Tenant's responsibilities under this paragraph shall include but are not limited to all plate glass windows and window fixtures and doors and door fixtures in the Premises and the fixtures and equipment serving or constituting a part of the Premises (including but not limited to the lighting, heating, air conditioning, ventilating, plumbing, electrical, and sewer and other mechanical systems and equipment serving the Premises). Tenant at its expense promptly shall do make any and all acts repairs and replacements to the Premises and to the fixtures and equipment serving or constituting a part thereof which may be required to comply with all applicable lawsthe obligations of Tenant under this paragraph, ordinancesin each case in a good and workmanlike manner using materials, regulations fixtures, and rules equipment whose quality is at least equal to that of any public authority relating solely to the materials, fixtures, and equipment being repaired or replaced. Upon the expiration or termination of this Lease, Tenant shall deliver the Premises and the fixtures and equipment constituting a part thereof (excluding Tenant's use trade fixtures) to Landlord in good condition and repair, reasonable wear and tear excepted. Tenant shall deliver to Landlord prior to occupancy a list of all items Tenant will consider trade fixtures, and Landlord and Tenant shall agree on the identification of trade fixtures prior to the commencement of the Premisesterm. If a Notwithstanding the foregoing provisions of this paragraph, Landlord and Tenant agree that this paragraph shall not be applicable to any damage to or destruction of the Premises falling within the scope of paragraphs 18 and 19 (dealing with insured and uninsured casualties) or paragraph 39 (dealing with eminent domain), which damage or destruction shall be governed by the provisions of such other paragraphs.
(b) In the event an emergency repair is required as a result necessary, which is the obligation of Tenant's negligence Landlord, ▇▇▇▇▇▇ hereby agrees to diligently attempt to contact Landlord, or the Building manager whom ▇▇▇▇▇▇ has been notified to contact in the event of an emergency, prior to making any such emergency repair. However, in the event of an emergency, and such repair cost Tenant is not covered able to contact Landlord, or the appropriate property manager within a reasonable period of time after the onset of the emergency (which “reasonable period of time” shall be dictated by insurance proceedsthe type of emergency which has occurred), or in the event that Tenant will pay is instructed by the Landlord or the property manager to make the repairs itself, Landlord shall reimburse Tenant, within twenty (20) days of receipt of an invoice evidencing such costs, for the cost of such repairemergency repair (which must be normal and customary for the emergency circumstance), which was necessary and was performed by Tenant and was otherwise the responsibility of Landlord under the terms of this Lease. Notwithstanding anything in this Lease Any repairs or replacements which Landlord is required to the contrary, in the event that make shall be made within a reasonable period of time after receiving notice or having actual knowledge of the need for repairs such repair or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasereplacement.
Appears in 2 contracts
Sources: Building Lease (Solera National Bancorp, Inc.), Building Lease (Solera National Bancorp, Inc.)
Maintenance and Repairs. Landlord shall keep the foundation, the exterior walls (1except glass; windows; doors; door closure devises; window and door frames, molding, locks, and hardware) Except and exterior painting or other treatment of exterior walls, and the roof of the leased premises in good repair except that Landlord shall not be required to make any repairs occasioned by the act or negligence of Tenant, its employees, subtenants, licensees and concessionaires. Tenant is responsible for matters specified under Paragraph 4 above maintenance of the common area and Paragraph 8A(3) below as being Landlord's obligationcommon area equipment. If Landlord is responsible for any such repair and maintenance, Tenant shallagrees to give Landlord written notice of needed repairs. Landlord shall make such repairs within a reasonable time. Tenant shall notify Landlord immediately of any emergency repairs. Tenant shall keep the leased premises in good, clean condition and shall at Tenant's its sole cost and expense, maintain the Premises in good ordermake all needed repairs and replacements, condition including replacement of cracked or broken glass, except for repairs and repair, ordinary wear and tear and damage replacements required to be made by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required Landlord under this Lease, Landlord shall give Tenant prior written notice to do such acts as are section. If any repairs required to so maintain the Premises. In the event that be made by Tenant fails to commence such work hereunder are not made within 30 ten (10) days after written demand notice delivered to Tenant by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do may at its option make such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no repairs without liability to Tenant for any reasonable damage, inconvenience loss or interference with Tenant's use damage which may result by reason of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Buildingrepairs, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required pay to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required Landlord upon demand as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for additional rent hereunder the cost of such repairrepairs plus interest. Notwithstanding anything in At the termination of this Lease to the contrarylease, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with deliver the fourth business day that the same are unusable; providedleased premises in good order and condition, howevernormal wear and tear excepted. Normal wear and tear means deterioration which occurs without negligence, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly carelessness, accident or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseabuse.
Appears in 2 contracts
Sources: Commercial Lease, Commercial Lease
Maintenance and Repairs. Tenant agrees to maintain the Premises and perform minor repairs such as leaking faucets and changing of air conditioner filters. Tenant shall be responsible for failure to make such repairs and shall be liable for damage resulting from such failure. Landlord shall be responsible for major repairs. The rights and obligations of the parties hereto regarding these repairs are described herein:
(1a) Except Tenant shall notify Landlord promptly by telephone, in person or in writing upon discovery of any major item requiring repair,
(b) Landlord shall be required to complete such repair or cause such repair to be completed within three (3) business days after receiving such notification thereof from Tenant unless such repair cannot be reasonably completed within such three (3) business day period for matters specified under Paragraph 4 above reasons beyond the control of Landlord, in which event such repair shall be completed as soon as practically possible, but in any event within seven (7) business days after such notification, and
(c) Tenant shall pay the first $ 500.00 for the repair of any one item requiring repair, or shall be entitled (but not obligated) to effect any repair at Tenant's sole cost and Paragraph 8A(3expense in which case the Landlord must be notified and may require inspection of such repairs and copies of receipts for labor and/or materials for said repairs.
(d) below as being In the case of emergency repairs, Landlord shall be obligated to complete or cause same to be completed within forty-eight (48) hours after notification of the need for such repair by Tenant. In the event Landlord fails to complete any emergency repairs within said forty-eight (48) hours period for any reason whatsoever, Tenant shall be entitled to effect such repairs and Landlord shall pay all expenses (subject to limits described in subsection (iii) hereinabove) thereby incurred by Tenant upon written notification to Landlord by Tenant that such repairs have been effected and following inspection of such repairs by Landlord.
(e) Tenant shall pay Landlord for any property damage and/or cost of repairs to the Premises caused by the negligence or misuse thereof by Tenant, or Tenant's guests and/or other occupants. At the Landlord's obligationdiscretion, such repairs may be affected by Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2f) In Any outstanding debt for such repairs may be deducted from the event that Tenant fails security deposit or charges to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such worktenant.
(3g) Landlord will maintainTenant shall maintain the yard by watering, repair weeding, mowing the grass and replace trimming the shrubs so as to maintain a good appearance. Extermination services for all structural components pests and insects as reasonably needed shall be arranged and paid for by Tenant. Both parties acknowledge that the rent would be higher if the foregoing responsibilities were allocated differently. This assumption of the Premises and the roof of the Buildingresponsibility by Tenant is entered into knowingly, voluntarily, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make for consideration and pay for such repair, replacement, alteration or other change. The cost is an express waiver of any such capital improvement shall be amortized over the useful life statutory or common law obligation of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 2 contracts
Sources: Commercial Lease Agreement (Signal Advance Inc), Commercial Lease Agreement (Signal Advance Inc)
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationotherwise set forth in this Lease, Tenant shallshall Maintain in a first class condition and good repair the entire Premises, at Tenant's sole cost including, without limitation, the Building Systems, the horizontal distribution portions of Building Systems, HVAC, fire-life safety systems, the roof membrane (but not the roof structure), parking areas, walkways, landscaping, exterior lighting, irrigation, floor slabs, walls, and expenseutilities outside the exterior of the Building. Tenant shall Maintain the exterior of the Building in a clean, maintain first class appearance, including exterior window washing and exterior building and parking lot cleaning as necessary. If any part of the Premises requiring repair or replacement is covered by warranty, Landlord and Tenant shall exercise such warranties first.
(b) Tenant at its sole expense shall keep the Premises, and the fixtures, improvements, equipment, and finishes, and any Alterations therein in good ordera clean, safe, and sanitary condition and repairwill cause no waste or injury thereto. Alterations, ordinary wear repairs and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within replacements to the Premises; all equipment installed by , made necessary because of Tenant’s Alterations or installations, any use or circumstances special or particular to Tenant, or any act or omission of Tenant or its Agents shall be made at the sole expense of Tenant; and all plumbing. Tenant shall enter into a contract with a qualified, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within licensed pest control company for regular pest control services of the Premises.
(2c) In the event that Tenant fails to Landlord shall at Landlord’s cost, maintain the Premises in good order, first class condition and good repair the structural portions of the Building, including the Building foundation and roof structure. For the sake of clarity, windows, door entrances, plate glass, glazing systems, and floor slabs (so long as required under this Leasea defect in the slab doesn’t affect the integrity of the Building) are not deemed structural portions of the Building and shall be Tenant’s responsibility to Maintain (but if the necessary repair or replacement qualifies as a Capital Improvement, shall be treated as such). If Tenant becomes aware of any condition that is ▇▇▇▇▇▇▇▇’s responsibility to repair and/or replace, Tenant shall promptly notify Landlord of the condition and Landlord shall not be deemed to have breached any obligation related thereto unless Tenant has given such notice to Landlord and Landlord has not made such repair within a reasonable time following the receipt by Landlord of Tenant’s notice. Notwithstanding any provision hereof to the contrary, Landlord shall give Tenant prior written notice have no responsibility for repairs to do such acts as are or maintenance of the roof membrane for the Building.
(d) Landlord shall not be required to so maintain repair damage or make replacements to the Premisesextent caused by the intentional acts or negligence of Tenant or its agents, employees, or contractors, any such repairs or replacements shall be Tenant’s sole responsibility at Tenant’s cost. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligatedthe obligation, to do such acts and expend such funds at the expense undertake work of repair or Maintenance that Tenant as are reasonably is required to perform such workunder this Lease and that Tenant fails or refuses to perform in a timely and efficient manner after prior written notice from Landlord. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of All costs incurred by ▇▇▇▇▇▇▇▇ in performing any such workrepair for Tenant shall be paid by Tenant to Landlord upon demand.
(3e) Landlord will maintain, repair and replace all structural components Notwithstanding any provision of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in if Capital Improvements are required to the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business daysPremises, then Tenant shall notify Landlord and Landlord shall cause such Capital Improvements, if approved by Landlord in its reasonable discretion, to be entitled constructed or performed at Landlord’s cost but subject to amortized reimbursement pursuant to Section 6(a)(vi), unless such Capital Improvement is to an abatement item that is Landlord’s cost obligation pursuant to this Lease, such as Building structure. Landlord shall have no obligation to pay for Capital Improvements that are the result of rent commencing with ▇▇▇▇▇▇’s acts, omissions, negligence, or failure to Maintain the fourth business day that Premises, but not including normal wear and tear.
(f) All service and utility providers used by Tenant, including, without limitation, for purposes of this Section 9 or Section 7 above, shall be from a list of approved vendors set forth by Landlord. Any property manager selected by Tenant for the same are unusable; providedPremises shall be subject to Landlord’s prior written approval, however, that Tenant which shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of unreasonably withheld. Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or its property manager, shall provide Landlord with updates regarding the services and utilities provided to the Premises, along with descriptions of the maintenance activities, together with services contracts, utility agreements, and invoices to support the same. This documentation shall be provided every six (iii6) where months during the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseTerm.
Appears in 2 contracts
Sources: Lease (JFrog LTD), Lease Agreement (JFrog LTD)
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above Landlord shall Maintain the Building footings, foundation, structural steel columns and Paragraph 8A(3girders (the “Building Structure”) below at Landlord’s sole expense. Subject to reimbursement as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Leasean Operating Expense, Landlord shall give Maintain: (i) the exterior utility lines and facilities to the point of connection to/distribution within the Building (unless maintained by the applicable utility company); (ii) the Building (including the roof but excluding the Building Structure), including the Premises (except to the extent of Tenant’s obligations set forth in Section 9(b) hereof); (iii) the Building Systems; (iv) the Common Areas; and, (v) any other improvements owned by Landlord located on the Property. If Tenant prior written notice becomes aware of any condition that is Landlord’s responsibility to do repair, replace or maintain, Tenant shall promptly notify Landlord of such acts as are required to so maintain the Premisescondition. In the event that Tenant fails to commence such work within 30 days after written demand by LandlordMoreover, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense regardless of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant who bears responsibility for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration maintenance, Tenant shall immediately notify Landlord if Tenant becomes aware of any areas of water intrusion or other change would be considered a capital improvement mold growth in or replacement to about the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other changePremises. The cost of any repairs to the Common Areas will be included as an Operating Expenses, except where the repair has been made necessary by misuse or neglect by Tenant or Tenant’s Agents, in which event Landlord will nevertheless make the repair but Tenant will pay to Landlord, as additional Rent, upon demand, the cost incurred by Landlord to complete such capital improvement shall repairs. “Maintain” means to provide such maintenance, repair and, to the extent necessary and appropriate, replacement, as may be amortized over needed to keep the useful life of subject property in good working order or condition. Maintenance also includes utilizing such item building-performance assessment tools and Tenant agrees to pay energy-optimizing practices that Landlord in its percentage share (which shall be determined by dividing the square footage of discretion reasonably deems necessary and appropriate for planning, designing, installing, testing, operating and maintaining the Building by the square footage of all buildings benefitted by such improvementSystems and Common Areas in an energy efficient manner and providing a safe and comfortable work environment, including with a view toward achieving improved overall Building performance and minimizing the Building) of ’s impact on the annual amortized amountenvironment. Such payment will be made by Tenant as “Building Systems” means any electrical, mechanical, structural, plumbing, HVAC, sprinkler, life safety or security systems serving the Building. Notwithstanding anything to the contrary set forth in Paragraph 4 abovethis Section 9(a), if any part of the Building’s roof or structure or any Building Systems requires repair or replacement during the eighteen (18) months commencing on the Commencement Date, Landlord shall cause such repair or replacement to be made at its cost and expense and not as an Operating Expense. Landlord shall do may engage a HVAC service contractor at Landlord’s sole discretion, to perform routine maintenance of all acts required to comply with all applicable lawsBuilding HVAC units, ordinances, regulations and rules of any public authority relating to including those serving the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease which is subject to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to reimbursement by T▇▇▇▇▇ as an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseOperating Expense.
Appears in 2 contracts
Sources: Lease Agreement (Caris Life Sciences, Inc.), Lease Agreement (Caris Life Sciences, Inc.)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above Tenant shall commit no act of waste and Paragraph 8A(3) below as being shall take good care of the Leased Premises and fixtures and appurtenances therein and shall, in the use and occupancy of the Leased Premises, conform to all laws, orders and regulation of the federal, state and municipal governments or an of their departments. Landlord shall make all repairs and maintenance necessary to maintain the Leased Premises. Tenant shall not make any improvements to the Leased Premises without Landlord's obligation’s prior written consent. All improvements made by Tenant to the Leased Premises which are so attached to the Leased Premises, shall become the property of the Landlord upon installation. Not later through the last day of the term of the Lease, Tenant shall, at Tenant's sole cost and ’s expense, maintain remove all of the Tenant’s personal property and those improvements made by Tenant which have not become the property of the Landlord, including fixtures, cabinet work, movable paneling, partitions and the like, repair all injury done by or in connection with installation or removal of said property and improvements and surrender the Leased Premises in as good ordercondition as they were in the beginning of the term, condition and repair, ordinary reasonable wear and tear and damage by fire and fire, the elements, casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement cause not due to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration misuse or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made neglect by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of or Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, ’s agents, contractorsservants, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilityexcepted. Landlord shall have the right to enter upon the Leased Premises at any agreed time for the purpose of inspecting the same, or (iii) where making repairs to the repair Leased Premises, or of making repairs, alteration or additions to adjacent premises or of showing the Leased Premises to lenders, prospective lenders or insures or prospective tenants or buyers, provided that Landlord gives reasonable notice to Tenant and that such entry shall not cause any damage to Tenant or unreasonably disrupt or interfere with ▇▇▇▇▇▇’s business, and further provided that such notice shall not be necessary in question is one which Tenant is obligated to furnish under the provisions cases of this Leaseemergency.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Maintenance and Repairs. (1) Except Landlord represents and warrants at the Commencement Date and for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the duration of the lease Term that the Premises will be in good order, condition working order and repair, ordinary wear repair and tear and damage by fire and casualty excepted, including: maintain all equipment in good operating condition. Tenant accepts the interior surfaces property as of the ceilings, walls and floors; all doors and interior windows; furnishings installed within Commencement Date in an “AS IS” condition upon assuming possession of the Premises; . Landlord will correct all equipment installed by construction defects, whether structural or at not, discovered within one year of the expense of Tenant; and Commencement Date, or such longer period as may be specified in an applicable contractor’s, subcontractor’s, or materialmen’s warranty. In addition, Landlord will make all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails necessary structural repairs to maintain the Premises throughout the Term of this Lease. The structural items for which Landlord shall be responsible are the roof, exterior walls, the bearing walls (if such walls have not been changed by Tenant), the support beams, the columns, the concrete floor slabs, the plumbing system below the floor level of the facility (obstruction caused by Tenant shall be Tenant’s responsibility to correct), except those damages that are caused by the Tenant’s negligence. Tenant agrees to give prompt notice to Landlord of any defects or other hazardous conditions required to be repaired or remedied by Landlord. If the repairs required to be made by Landlord or Tenant are not completed within a reasonable time after request for such repair by the other party, Landlord or Tenant, as the case may be, shall have the option to make such repairs after first giving the other party fifteen (15) calendar days’ notice of its intention to do so, and any amounts expended by virtue thereof shall be added to or subtracted from the next month’s rent in good orderthe full amount of the expenditures. Landlord, condition and repair as required under during the Term of this Lease, shall maintain and repair when needed all of the mechanical equipment (“HVAC system”), including but not limited to heating and air conditioning units, plumbing, and electrical units, in a good condition and good state of repair. Further, Landlord shall give maintain a service contract on the HVAC system with a reputable heating and air conditioning contractor, providing for regular routine maintenance, changing of filters and lubricating the HVAC system. Such maintenance and repair and service contract shall be included in Operating Expenses as described in Article 4C hereof. Tenant prior written notice shall keep the Premises free and clear of rodents, bugs and vermin, and Tenant shall use, at its cost and at such intervals as Landlord shall reasonably require, a reputable pest extermination contractor to do such acts as are required to so maintain provide extermination services in the Premises. In Notwithstanding the event above, if Landlord reasonably determines that an extermination service needs to be provided to the entire Building in order to eliminate pests from the entire Building, Landlord shall contract for such extermination services and include the cost of such services in Operating Expenses. Landlord shall provide Tenant fails with advance notice of any such extermination services to commence such work be made to the Premises by Landlord within 30 days after written demand a reasonable period of time. Tenant shall keep the Premises clean and orderly and shall not cause the common areas to become disorderly, cluttered, dirty or trashed at any times and shall not cause refuse to accumulate around any portion of the Property. Trash shall be stored in a sanitary and inoffensive manner inside the Premises or in screened areas approved by Landlord, and diligently prosecute it Tenant shall cause the same to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds removed at the expense of Tenant as are reasonably required to perform such workreasonable intervals. Landlord shall have provide Tenant with five suite keys at no liability cost to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building. All keys are on “Do Not Duplicate” blanks, and if a repairnumbered for Tenant’s security. These keys cannot be reproduced unless they are done by Landlord’s locksmith. If additional keys are required by Tenant, replacement or alteration or other change would be considered a capital improvement or replacement to Tenant shall contact Landlord in order that Landlord may authorize the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for issuance of such repair, replacement, alteration or other changekeys. The cost of any such capital improvement additional keys shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission responsibility of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasepay.
Appears in 2 contracts
Sources: Ease Agreement (Chelsea Worldwide Inc.), Lease Agreement (Clene Inc.)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above Unless expressly provided otherwise in this Lease, and Paragraph 8A(3) below as being Landlord's obligationin addition to the provisions of Section 6(A), Tenant shallLandlord shall maintain, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear the common and tear and damage by fire and casualty excepted, including: the interior surfaces core areas of the ceilingsBuilding, walls the structural parts of the Building which shall include only the foundations, bearing and floors; all exterior walls, windows and doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain unless such doors serve the Premises in good orderexclusively), condition and repair as required under this Leasesubflooring, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordgutters, and diligently prosecute it to completiondownspouts, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the BuildingBuilding (including the membrane and roof slab), and if a repairthe Building Systems and Equipment; provided, replacement or alteration or other change would be considered a capital improvement or replacement to in the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of event any such capital improvement shall be amortized over replacements, repairs or maintenance are caused by or result from Tenant’s the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result negligence or willful misconduct of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinancesits agents, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceedsemployees or invitees, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then shall be paid solely by Tenant and Tenant shall be entitled pay the cost thereof within ten (10) days of written notice from Landlord. Except as provided above, and subject to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions Section 10 of this Lease, Tenant shall maintain and repair the Premises in neat, clean, sanitary and good condition, including, without limitation, maintaining and repairing all interior walls, storefronts (if any), ceilings, interior doors, exterior doors serving the Premises exclusively and interior windows and fixtures, Premises’ specific systems and equipment as well as any damage to the Building, Property or Premises caused by Tenant, its agents, employees or invitees. If Tenant shall fail to keep and preserve the Premises in said condition and state or repair, Landlord may, at its option (but with no obligation), after providing Tenant ten (10) days prior written notice (or such shorter or no notice if Landlord reasonably determines that there is an imminent danger to person or property) put or cause the same to be put into the condition and state of repair agreed upon, and in such case Tenant, on demand, shall pay the Landlord’s reasonable out-of-pocket cost thereof.
Appears in 2 contracts
Sources: Office Lease (Carbon Black, Inc.), Office Lease (Carbon Black, Inc.)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shallTenant, at Tenant's sole cost and expenseits cost, shall maintain the Premises in a good order, condition consistent with the condition of the Premises existing at the time of delivery. Tenant acknowledges and accepts that the Premises are leased in "AS IS" condition and repairTenant shall keep and maintain the Premises, ordinary wear and including the structural elements of the buildings, as hereinafter defined, on the Premises in a condition existing at the time Tenant takes possession of the Premises excepting normal wear, tear and damage by fire and casualty excepted, including: casualty.
1. District makes no representations or warranties for the interior surfaces structure of the ceilingsbuilding as it exists but District agrees that if the structural elements of the building become damaged to a lesser condition than currently exists, walls and floors; all doors and interior windows; furnishings installed within if such structural damage is due to no fault or negligence of Tenant, then District will repair the damage in such a manner as to bring it back to a condition which is similar to the condition which existed at the time Tenant takes possession of the Premises; all equipment installed by or at however, District may terminate this Lease if such repair cost exceeds One Hundred Fifty Thousand dollars ($150,000) per incident. District agrees to pro-rate Tenant’s rent during the expense of Tenant; and all plumbing"repair" period, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within if the Premises.
resulting structural damage prohibits Tenant from carrying out its normal daily activities. If District elects not to perform a repair which cost exceeds One Hundred Fifty Thousand dollars (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion$150,000), then Landlord shall have the right, but shall not be obligated, Tenant may elect to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components remain in possession of the Premises and pay the roof stipulated rent unless changed through mutual agreement of the Buildingparties or Tenant may elect to terminate this Lease.
2. District shall not be required to maintain, and if a repair, replacement repair or alteration or other change would be considered a capital improvement or replacement to replace the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, interior spaces including the Building) interior surface of the annual amortized amountexterior walls. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts If District is required to comply with all applicable lawsperform maintenance that is not District’s obligation, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable lawsreimburse District, ordinancesas additional rent, regulations and rules within fifteen (15) days after receipt of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceedsbilling, Tenant will pay for the cost of such repairmaintenance and repairs which are the obligation of Tenant hereunder.
3. Notwithstanding anything As used in this Lease to Lease, the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion term "structural elements of the Premises unusable for more than three consecutive business daysbuildings" are defined as the roof, then Tenant foundation, footings, floor slab, flooring, and structural walls. Plumbing, air conditioning, electrical and heating systems shall be entitled to an abatement considered “structural elements of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasebuilding.”
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Maintenance and Repairs. (1) Except 16.1 Lessee is responsible for matters specified under Paragraph 4 above maintenance and Paragraph 8A(3) below repair of all items, improvements, structures and equipment that are part of Lessees Services, unless otherwise specifically designated as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain City’s responsibility. Lessee covenants to keep the Leased Premises in good order, condition and structural repair, ordinary wear and tear and damage by fire and casualty excepted, including: including the interior surfaces of the ceilingsroof, walls and floorsfoundations to be constructed.
16.2 Exterior maintenance, including without limitation, routine gardening, cutting, mulching, pruning and similar maintenance of all foliage; routine and non-routine maintenance of parking areas (including cleaning, paining, striping, paving, and repairs), common exterior areas, and swale areas shall be done by Lessee, at its expense.
16.3 The Lessee shall keep the interior of the charter school in accordance with generally accepted good practices, including paining, the replacement of worn or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage.
16.4 Lessee shall be responsible for all doors interior and interior windows; furnishings installed within exterior pest control services, janitorial costs and services related to the charter school.
16.5 Lessee shall be responsible for the exterior appearance of the buildings on the Leased Premises; all equipment installed by , including without limitation paint, mold, mildew, and water stains. Lessee shall obtain City’s written approval of the paint colors in advance. In the event of Lessee’s failure to obtain City’s paint color approval in advance, the City has the right to require changes to the paint and color at Lessee’s expense.
16.6 If Lessee fails to timely make repairs or to maintain the Leased Premises as it is required under the terms of this Agreement, then the Lessee shall be liable for any damages to property or loss thereby sustained, and the City may have such repairs made at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the PremisesLessee. In such event, the event that Tenant fails to commence such work within 30 days after written demand by LandlordLessee shall pay additional rent at the next rental payment deadline, upon presentation of a certified invoice detailing the repairs made and the expenses incurred, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense with verification of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such workpayment.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 2 contracts
Sources: Ground Lease Agreement, Ground Lease Agreement
Maintenance and Repairs. (1) A. Landlord's Obligations Except for matters specified under Paragraph 4 above special or non-standard systems and Paragraph 8A(3) below as being Landlordequipment installed for Tenant's obligationexclusive use, Tenant Landlord shall, at Landlord's initial cost and expense subject to reimbursement by Tenant of Tenant's sole Proportionate Share of such cost and expense, maintain the Premises keep in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Leasethe heating, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, ventilating and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts air conditioning and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of other mechanical systems which service the Premises as a result well as other premises within the Building; the foundations, exterior walls, structural condition of performing any such work.
(3) Landlord will maintaininterior bearing walls, repair and replace all structural components roof of the Premises and Building; and the roof parking lots, walkways, driveways, landscaping, fences, signs and utility installations and other Common Areas of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 aboveProject. Landlord shall do all acts required not be in breach of its obligations under this Section unless Landlord fails to comply with all applicable laws, ordinances, regulations and rules of make any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) perform maintenance which Landlord it is obligated to effect at Landlord's expense renders perform hereunder and such failure persists for an unreasonable time after written notice of a material portion of the Premises unusable need for more than three consecutive business days, then Tenant shall be entitled such repairs or maintenance is given to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant Landlord by Tenant. Landlord shall not be entitled required to a pro rata abatement make any repairs that are the obligation of rent under any tenant or occupant within the foregoing due to unusability (i) Building or Project or repairs for damage caused directly or indirectly by any negligent or intentional act or omission of Tenant or any person claiming through or under Tenant or any of Tenant's servants, employees, agentssuppliers, contractorsshippers, visitors customers or licenseesinvitees, (ii) where in which event Tenant makes a decorationshall, alteration, improvement or addition which directly causes such unusability, or (iii) where with the repair in question is one which Tenant is obligated to furnish consent and under the provisions direction of this LeaseLandlord, repair such damage at its sole cost and expense. Tenant hereby waives and releases any right it may have to make repairs to the Premises, Building or Project at Landlord's expense under any law, statute, ordinance, rules and regulations now or hereafter in effect in any jurisdiction in which the Project is located.
Appears in 2 contracts
Sources: Office Lease (PSW Technologies Inc), Office Lease (PSW Technologies Inc)
Maintenance and Repairs. (1a) Except Subject to Tenant’s responsibilities set forth in Paragraph 14 (d), Landlord shall keep the Building and all machinery, equipment and fixtures attached to, or used in connection with the operation of the Building, including all electrical, heating, mechanical, sanitary, sprinkler, utility, power, plumbing, cleaning, refrigeration, ventilating, air conditioning and elevator systems and equipment (excluding, however, lines, improvements, systems and machinery for matters specified under Paragraph 4 above water, gas, steam and Paragraph 8A(3electricity owned and maintained by any public utility company or governmental agency or body and excluding also any of Tenant’s property) below as being Landlord's obligationin good order and repair, consistent with similar properties in the Sterling, Virginia area. Landlord reserves the right of access to the Premises for the purposes of such operation, cleaning, maintenance, safety, security and repairs, and agrees that it shall use reasonable efforts (except in the case of emergency) to provide reasonable advance notice to Tenant shall, at Tenant's sole of its intent to enter the Premises for such purposes. The cost for maintaining the Building and expense, maintain the Premises in good orderorder and repair as contemplated by this paragraph 14 (a) shall be an Operating Cost for purposes of paragraph 11 hereof. There shall be no abatement in rents due and payable hereunder and no liability on the part of Landlord by reason of any inconvenience, condition and repairannoyance or disruption arising from Landlord’s making reasonable repairs, ordinary wear and tear and damage by fire and casualty exceptedadditions or improvements to the Building or Premises in accordance with its obligations hereunder. Notwithstanding the above, including: if, pursuant to this Lease, Landlord performs any work or interrupts any service that Landlord is required to supply, Landlord agrees to cooperate with the interior surfaces reasonable requests of Tenant to perform such work, or to schedule such service interruption, as the case may be, in a manner designed to minimize, to the extent practicable, any interference with Tenant’s business, provided Tenant’s requests do not increase the cost to Landlord of performing such work (unless Tenant agrees in writing prior to the commencement of such work to reimburse Landlord for any such additional costs). Notwithstanding the foregoing, if Landlord’s performance of its work in the demised premises, or interruption of services, as the case may be, during regular business hours results in a material interruption in Tenant’s business operations in a material portion of the ceilingsPremises and requires Tenant to cease its business operations in the affected portion of the Premises for more than five (5) consecutive business days, walls and floors; all doors and interior windows; furnishings installed within then unless Landlord performs such work or interrupts such service at other than regular business hours without charge to Tenant, the Premises; all Rent shall be abated pro rata based on the area so affected for each business day in excess of five (5) consecutive business days that such cessation shall continue. Except to the extent expressly permitted by this Lease, Tenant will not do or permit anything to be done in the Premises or the Building of which they form a part or bring or keep anything therein which shall in any way increase the rate of fire or other insurance for said Building, or on the property kept therein, or obstruct, or interfere with the rights of other tenants, or in any way injure or annoy them, or those having business with them, or conflict with them or conflict with the fire laws or regulations, or with any insurance policy upon said Building or any part thereof, or with any statutes, rules or regulations enacted or established by the appropriate governmental authority. If any increase in the rate of fire insurance or other insurance is stated by any insurance company or by any insurance rate bureau due to any activity or equipment installed by or at the expense of Tenant; , such statement shall be conclusive evidence that the increase in such rate is caused by such activity or equipment, and all plumbingTenant shall be liable for such increase and shall reimburse Landlord therefor upon demand, heatingand any such sum shall be considered additional rent payable hereunder. Landlord shall use commercially reasonable efforts to notify Tenant of any such increase in rates occurring as a result of Tenant’s activities, ventilatingin order that Tenant might consider modifying or discontinuing such activities so as to avoid, electrical and lighting facilities and fixtures; all landscapingreduce, parking lotsor reverse such increase. In the event Landlord elects to make substantial improvements or additions to the Building, fences and signs located within Property or Premises, such improvements or additions shall not adversely affect Tenant’s use of or access to the Premises unless Landlord has obtained the prior written consent of Tenant, which consent shall not be unreasonably withheld, to make such improvements or additions which affect Tenant’s Premises in an adverse manner. Landlord shall be free to make improvements or additions to the Building, Property or Premises which do not have an adverse effect on Tenant’s use of or access to the Premises.
(2b) In After substantial completion of Building or Premises, except as hereinafter expressly set forth Tenant will not make any alterations, installments, changes, replacements, additions or improvements, collectively “Alterations”, in or to the event Premises or any part thereof, without the prior written consent of Landlord, not to be unreasonably withheld or delayed. If Landlord affords its consent to such Alterations, Landlord shall elect, at the time it affords its consent, whether Tenant shall be required to remove such Alterations and restore the Premises to their original condition upon the expiration of the Term, and said written consent shall include Landlord’s election. It is expressly understood that all Alterations shall be performed in a good and workmanlike manner and shall conform to all rules and regulations established from time to time by any applicable underwriter’s association and conform to all requirements of local, state and federal governments. All Alterations shall be made at Tenant’s sole expense, by contractors, or subcontractors reasonably approved by Landlord, and only after (i) Tenant has obtained all necessary permits from governmental authorities and (ii) Tenant has submitted complete plans and specifications to Landlord with respect to the Alterations and Landlord has approved them, which approval shall not be unreasonably withheld, conditioned or delayed. If any mechanic’s lien is filed against the Premises or the Building for work or materials furnished to Tenant, the lien shall be discharged or bonded off by Tenant, solely at Tenant’s expense, within thirty (30) days after Tenant receives notice thereof. Tenant shall indemnify and hold harmless Landlord from any and all expenses (including attorney’s fees), liens and claims or damage to persons, property, or the Building which may arise from the making of any Alterations. Tenant will deliver to Landlord a complete set of “as-built” plans showing the approved Alterations. Notwithstanding anything contained herein, ordinary and typical office decorations, painting and carpeting shall not be included within the definition of “Alterations” which require Landlord’s prior approval. It is also expressly understood that all Alterations upon the Premises (whether with or without Landlord’s consent), shall at the election of Landlord, as provided in the written consent required herein above, remain upon the Premises and be surrendered with the Premises at the expiration of this Lease without disturbance, molestation or injury. Notwithstanding the foregoing, provided (i) this Lease is in full force and effect, and (ii) that Tenant fails shall not then be in default in the performance of any obligation under this Lease, Tenant shall have the right to maintain remove, prior to the expiration or termination of this Lease, all movable furniture, fixtures or equipment installed in the Premises in good ordersolely at Tenant’s expense. Should Landlord elect that alterations, condition and repair as required under installments, changes, replacements, additions to or improvements made by Tenant are not to remain on the Premises, Tenant hereby agrees that within five (5) days following the expiration of the term of this Lease, Landlord shall give have the right to cause same to be removed at Tenant’s sole cost and expense. Tenant hereby agrees to reimburse Landlord for the reasonable cost of such removal together with the cost of restoring the Premises to its original condition.
(c) Tenant shall not install any other equipment of any kind or nature whatsoever which will or may necessitate any changes, replacements or additions to the water supply system, sewer system, the components of the Building Shell as identified in Exhibit B hereto or the electrical system of the Premises without the prior written notice to do such acts as are required to so maintain consent of the PremisesLandlord, which consent shall not be unreasonably withheld or delayed. In the event that Tenant fails wishes to commence install machinery or mechanical equipment which may cause noise or vibration to be transmitted to the structure of the Building or any space therein, such work within 30 days after written demand machinery shall be installed and maintained by LandlordTenant, at Tenant’s expense, on vibration eliminators or other devices sufficient to eliminate such noise and diligently prosecute it to completionvibration. Tenant may, then Landlord at its expense, install and remove additional equipment and machinery used or useful in Tenant’s business, which equipment and machinerv shall have remain the right, but property of Tenant and shall not be obligatedbecome part of the real estate, to do provided that such acts and expend such funds at installation shall not reduce the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use value of the Premises as or its usefulness. Any equipment of Tenant not removed by Tenant within ten (10) days after the expiration or earlier termination of this Lease shall be considered abandoned by Tenant and may be appropriated, sold, destroyed or otherwise disposed of by Landlord without first giving notice thereof and without obligation to account therefor. Notwithstanding any other provision of this Lease, Tenant may not install any equipment which emits electromagnetic, microwave, ultrasonic, laser, or other radiation at levels which Landlord reasonably determines causes a result of performing any such workrisk to persons or property, or interferes with telecommunications transmissions or computer use.
(3d) Landlord Subject to Landlord’s obligations to maintain and repair the Premises in accordance with this Paragraph 14, Tenant agrees that it will maintain, repair and replace all structural components take good care of the Premises and the roof fixtures therein and will, at the expiration or other termination of the term hereof, surrender and deliver up the same in like good order and conditions as the same now is or shall be at the commencement of the Term hereof, ordinary wear and tear excepted. Without limiting the generality of the foregoing, Tenant shall promptly make all repairs to the Premises or to any part of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing such repairs are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of and if such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly necessitated by any act or omission of Tenant Tenant, any subtenant, assignee or concessionaire of Tenant, any of Tenant's servants, its respective agents or employees, agents, contractors, visitors or licensees, (ii) where by the failure of Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish perform any of its obligations under the provisions of this Lease.
Appears in 2 contracts
Sources: Deed of Lease (Maravai Lifesciences Holdings, Inc.), Deed of Lease (Maravai Lifesciences Holdings, Inc.)
Maintenance and Repairs. (1) Except
9.1 Tenant's Obligations Tenant shall be solely liable for matters specified under Paragraph 4 above continued maintenance of the Premises, and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole its own cost and expense, maintain the Premises, and keep the Premises free of all grass, weeds, debris, and flammable materials of every description. Tenant shall ensure that the Premises are at all times in good orderan orderly, condition clean, safe, and repairsanitary condition. Tenant shall not allow any open flames on the Premises. Landlord requires a high standard of cleanliness, ordinary wear and tear and damage by fire and casualty excepted, including: consistent with the interior surfaces location of the ceilings, walls and floors; all doors and interior windows; furnishings installed within Premises as an adjunct of the Premises; all equipment installed by or California State Highway System. Tenant hereby expressly waives the right to make repairs at the expense of Tenant; Landlord and waives the benefit of the provisions in Sections 1941 to 1942.5, inclusive, of the California Civil Code or any successor statute or amendment thereto providing a cause of action for habitability or tenantability. Tenant shall take all plumbingsteps necessary to protect and preserve the fences, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordguardrails, and diligently prosecute it to completionthe piers and columns, then Landlord shall have the rightif any, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with all structures from damage arising out of Tenant's use of the Premises as a result of performing and any such work.
(3) Landlord will maintainimprovements, all without expense to Landlord. Tenant shall, at its own cost and expense, repair in accordance with Landlord's standards any damage to any property owned by Landlord, including, but not limited to, all fences, guardrails, piers and replace all structural components of columns, utility-related equipment and facilities caused by Tenant, ▇▇▇▇▇▇’s contractors, clients, invitees, trespassers or any other third parties. At Tenant's request, Landlord may elect to repair the Premises and the roof of the Buildingdamage to its property, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement ▇▇▇▇▇▇ agrees to reimburse Landlord promptly after demand for the Premises under generally accepted accounting principles, then it amount Landlord has reasonably expended to complete the repair work. Tenant shall be Landlord's responsibility to promptly make responsible for the care, maintenance, and pay for such repairany required pruning of trees, replacementshrubs, alteration or any other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of landscaping on the Premises. Tenant assumes the liability for any damage or injury caused by any falling branches or other such materials from any tree or shrub whether the branches fall due to lack of maintenance or act of god or any other natural or unnatural causes. Tenant’s liability insurance required under Article 10 shall do all acts required cover any damage caused by any falling tree or shrub branches or other materials. Tenant shall designate in writing to comply with all applicable lawsLandlord a representative who shall be responsible for the day-to-day operation and level of maintenance, ordinances, regulations cleanliness and rules of any public authority relating solely to Tenant's use general order of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 2 contracts
Sources: Right of Way Use Agreement, Right of Way Use Agreement
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above It is understood and Paragraph 8A(3) below as being Landlord's obligation, Tenant agreed that the Landlord shall, at Tenant's its sole cost and expense, maintain keep and maintain, during the Premises term of the Lease Agreement or any extension or renewal thereof, the foundations, and structural support portion of the improvements in good order, proper condition and in a good state of repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, . Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligatedresponsible for any maintenance or repair caused by the fault or neglect of the Tenant, or due to do such acts hazards and expend such funds at the expense of Tenant as are reasonably risks covered or required to perform such workb e covered by insurance hereunder except as insurance proceeds are available therefor. All other maintenance and repair of said structure, including but not limited to, painting of walls, and maintenance, repair and replacement of equipment, shall be the responsibility of the Tenant. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenantassign warranties and extended warranties obtained from Landlord's use contractors of those portions of the Demised Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under maintain. It is understood and agreed that should either party to this Agreement fail or refuse to start and to proceed thereafter with due diligence to make any repairs or maintenance as may be reasonably necessary for the provisions purpose of this Leasefulfilling the terms and conditions of the agreements herein set forth within a reasonable length of time (not to exceed seven (7) days) after being notified in writing of the need thereof, that the other party hereto may make such repairs at the cost and expense of the party so failing or refusing. In the event of any emergency situation, Tenant may, in its discretion, make emergency repairs without giving written notification to Landlord, and Landlord shall reimburse Tenant in the event that such repairs were the responsibility of the Landlord hereunder and were not due to the fault of Tenant or Tenant's agents. The rights of Tenant hereunder specifically do not i▇▇▇▇▇▇ the right to offset or deduct any amounts claimed hereunder from rentals due. Landlord reserves the right to enter upon the Demised Premises (in a manner that will not unnecessarily interfere with the business of Tenant) during business hours at any time to inspect the same and to make necessary repairs to fulfill Landlord's obligation hereunder.
Appears in 2 contracts
Sources: Lease Assignment (Broadview Media Inc), Lease Assignment (Broadview Media Inc)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above repairs caused by the willful misconduct or gross negligence of Landlord, or its agents, employees, contractors or servants (which Landlord shall promptly and Paragraph 8A(3) below as being Landlord's obligation, Tenant shallproperly repair, at TenantLandlord's sole cost and expense, to a condition at least as good as existed immediately prior to such act by Landlord, or its agents, employees, contractors or servants of gross negligence or willful misconduct), Tenant shall, at its own cost and expense, maintain the Premises, including the buildings and improvements now or at any time erected thereon, the exterior walls, roofs, foundations and structural frame of any and all such improvements or buildings, the interior of any and all such improvements or buildings, including, but not limited to, the electrical systems, heating, air conditioning and ventilation systems, plate glass, windows and doors, sprinkler and plumbing systems, and any access ways and other paved areas upon the Premises and the sidewalks, curbs, roadways, parking areas, landscaping, grounds, fences and vaults, if any, and all other items of the Premises and improvements, exterior and interior, structural and nonstructural, in good good, first class and Class "A" order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: in a manner not less than the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair of other first class office buildings in the Innsbrook Corporate Center development, ordinary wear and tear excepted, subject to Tenant's obligation to provide such ongoing maintenance of the Premises, including repairs as required under this Leasenecessary of items suffering from ordinary wear and tear, Landlord shall give Tenant prior written notice to do such acts as are required to so which will maintain the PremisesPremises and improvements in the foregoing first class order, condition and repair. In Tenant shall promptly at the event that Tenant fails Tenant's sole cost and expense make all necessary repairs, interior and exterior, structural and non-structural, ordinary as well as extraordinary, foreseen as well as unforeseen, with respect to commence such work within 30 days after written demand by Landlordthe foregoing items of maintenance and repair. Repairs shall include replacements or renewals when reasonably necessary, and diligently prosecute it all such repairs made by the Tenant shall be equal in quality and class to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such original work. Landlord Tenant shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair keep and replace maintain all structural components portions of the Premises and the roof sidewalks, walkways and parking areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. Without limiting the Buildingforegoing, and if a on or before November 1, 1995 Tenant shall repair, replacement or alteration or other change would be considered a capital improvement or replacement to replace and/or renovate, as applicable, the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost items of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as repair set forth in Paragraph 4 above. that certain letter from Landlord shall do all acts required to comply with all applicable lawsTenant dated June 8, ordinances1995, regulations and rules a copy of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair which is required attached hereto as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseExhibit "G".
Appears in 2 contracts
Sources: Lease Agreement (Markel Corp), Lease Agreement (Markel Corp)
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole its own cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear replace as necessary, the Demised Premises, including but not limited to the heating, air conditioning and damage ventilation systems, glass, windows and doors, sprinkler, all plumbing and sewage systems, fixtures, interior walls, wall finishes, floors (including floor slabs), ceilings, columns, storefronts, plate glass, skylights, pipes, mains, water and sewer connections, truck docks and doors, dock bumpers, dock plates, levelers, entrance doors, door jams, all electrical facilities and equipment including, without limitation, lighting fixtures, lamps, fans and any exhaust equipment and systems, electrical motors, and all other appliances and equipment (including, without limitation, dock levers, dock shelters, dock seals and dock lighting) of every kind and nature located in, upon or about the Demised Premises and return the same to Landlord in the condition required under Section 32(b) hereof. All such maintenance, repairs and replacements shall be of first class quality and sufficient for the proper maintenance and operation of the Demised Premises. Tenant shall keep and maintain the Demised Premises safe, secure and clean, specifically including, but not by fire way of limitation, removal of waste and casualty exceptedrefuse matter. Tenant shall not permit anything to be done upon the Demised Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part, or prevent the procurement of any insurance policies which may, at any time, be required under the provisions of this Lease. Tenant shall not obstruct or permit the obstruction of any parking area, adjoining street or sidewalk. During the Term, Tenant shall maintain in full force and effect a service contract for the maintenance of the heating, ventilation and air conditioning systems with an entity acceptable to Landlord. Such service contract shall conform to the requirements under the warranty, if any, on said systems, including: the interior surfaces , but not limited to, replacement of filters as necessary and provide for at least quarterly inspections and cleaning of the ceilingsapplicable units, systems and equipment, together with such adjustments and servicing as each such inspection discloses to be recommended or required. Tenant shall deliver to Landlord (i) a copy of said service contract prior to the Commencement Date, and (ii) thereafter, a copy of a renewal or substitute service contract within thirty (30) days prior to the expiration of the existing service contract, and (iii) upon Landlord’s request, a copy of the service log reflecting all services performed under such service contract.
(b) Subject to the provisions of Sections 20 and 21, Landlord shall maintain in good condition and repair the (i) Common Areas (including the Tenant Parking Area), (ii) gutters, (iii) roof, (iv) foundation (beneath the floor slab) and structural frame of the Building and (v) the structural soundness of all exterior walls at Landlord’s cost; provided, however, that the roof, Common Area and floorsTenant Parking Area repair and replacement (but repairs or replacements of the foundation or structure of the Building) shall be deemed an Operating Expense payable by Tenant to the extent permitted under Section 6(a) of this Lease. Landlord’s obligation shall exclude the cost of any maintenance or repair required because of the act or negligence of Tenant or any of Tenant’s subsidiaries or affiliates or subtenant(s), or any of Tenant’s or such subsidiaries’ or affiliates’ or subtenant(s)’ agents, contractors, employees, licensees or invitees (collectively, “Tenant’s Affiliates”), the cost of which shall be the responsibility of Tenant. Landlord shall never have any obligation to repair, maintain or replace, pursuant to this subsection 10(b) or any other provision of this Lease, any Tenant Change (as defined in Section 19 hereof).
(c) Notwithstanding anything in Sections 6(a) and 10.1(a) to the contrary, Landlord shall be responsible for the repair or replacement, as determined in Landlord’s reasonable discretion, of any material defects to the (i) electrical, gas, water, telecommunications, and sewer service extending from the main service connection to the Building, to the extent such services are located on the Property; all doors and interior windows; furnishings installed (ii) mechanical services within the Demised Premises; all equipment installed by or at , including, (1) the expense of Tenant; and all plumbing, heating, ventilatingelectrical lines, electrical components and lighting facilities lighting, and (2) the plumbing and drain/sewer line, sprinkler system and fixtures; all landscaping(iii) the roof, foundation and walls of the Building; (iv) the parking lotslot and entry drives servicing the Demised Premises, fences including lighting and signs located striping; (v) the docks within the Demised Premises.
, including all improvements thereto; (2vi) In all flooring within the event that Demised Premises; (vii) all heating, ventilation and cooling systems servicing the Demised Premises; (viii) all other improvements to the Demised Premises, except for the Pre-Term Tenant fails Alterations (as defined in Exhibit “C” hereto) and any Tenant Changes; and (ix) all other structural components serving the Demised Premises as of the date hereof (collectively referred to maintain herein as, the Premises in good order, condition and repair as required “Landlord Warranty Items”) for a period of one (1) year from the Commencement Date (“Warranty Period”). Landlord’s obligations under this Lease, Section 10(c) shall only apply to the Landlord shall give Tenant prior written notice to do such acts Warranty Items serving the Demised Premises as are required to so maintain of the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, Commencement Date and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability obligation or responsibility to repair or replace the Landlord Warranty Items after the Warranty Period or any equipment, mechanical or other items installed to service the Demised Premises in connection with the Improvements as provided in Exhibit “C” hereto or at any time thereafter. Tenant shall promptly notify Landlord of any warranty claim and provide Landlord with its full cooperation and access to the Demised Premises, as necessary for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing Landlord to complete any such work.
(3) Landlord will maintain, repair and replace all structural components of Warranty Item repairs. Landlord’s obligation shall exclude the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any repair or replacement of any damage or defects arising because of (i) the act, misuse or negligence of Tenant or any of Tenant’s Affiliates, or (ii) failure of Tenant to properly maintain such capital improvement shall be amortized over items as required herein, the useful life cost of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage responsibility of the Building by the square footage of all buildings benefitted by such improvementTenant. In addition, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required have no obligation to comply with all applicable laws, ordinances, regulations and rules of repair or replace any public authority relating to the PremisesLandlord Warranty Items that have been modified or repaired by Tenant, except to the extent that the foregoing such modifications or repairs made by Tenant are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely pursuant to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in ’s maintenance obligations under this Lease Lease.
(d) Except to the contraryextent caused by Landlord’s negligence, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled liable to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or to any other person for any damage occasioned by failure in any utility system or by the bursting or leaking of Tenant's servants, employees, agents, contractors, visitors any vessel or licensees, (ii) where Tenant makes a decoration, alteration, improvement pipe in or addition which directly causes such unusabilityabout the Demised Premises, or (iii) where for any damage occasioned by water coming into the repair in question is one which Tenant is obligated to furnish under Demised Premises or arising from the provisions acts or neglects of this Leaseoccupants of adjacent property or the public.
Appears in 2 contracts
Sources: Industrial Lease Agreement (Source Interlink Companies Inc), Industrial Lease Agreement (Source Interlink Companies Inc)
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above Landlord shall Maintain the: (i) Building footings, foundations, structural steel columns and Paragraph 8A(3girders at Landlord’s sole expense; (ii) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost Building roof and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floorsexterior walls; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant(iii) Building Systems; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs (iv) Common Areas in accordance with comparable flex space buildings located within the Malvern, PA market. Costs incurred by Landlord under the foregoing subsections (ii), (iii) and (iv) will be included in Operating Expenses, provided that to the extent any heating, ventilation and air conditioning system, or other Building System, equipment or fixture exclusively serves the Premises, Landlord may elect either to Maintain the same at Tenant’s sole expense and ▇▇▇▇ Tenant directly or by notice to Tenant require Tenant to Maintain the same at Tenant’s expense. If Tenant becomes aware of any condition that is Landlord’s responsibility to repair, Tenant shall promptly notify Landlord of the condition.
(2b) In the event that Except as provided in subsection (a) above, Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord at its sole expense shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of Maintain the Premises and the roof of the Building, all fixtures and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth equipment in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant Tenant’s obligation to Maintain shall not be entitled extend to a pro rata abatement of rent under the foregoing due to unusability (i) damage caused directly by Landlord or indirectly defects in the design and construction of the Building, (ii) repairs whose costs are included in Operating Costs, and (iii) damage to the interior resulting from causes outside the Premises not required to be insured by Tenant. All repairs and replacements by Tenant shall utilize materials and equipment which are comparable to those originally used in constructing the Building and Premises. Alterations, repairs and replacements to the Property, including the Premises, made necessary because of Tenant’s Alterations or installations, any use or circumstances special or particular to Tenant, or any act or omission of Tenant or its Agents shall be made by Landlord or Tenant as set forth above, but at the sole expense of Tenant to the extent not covered by any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated applicable insurance proceeds paid to furnish under the provisions of this LeaseLandlord.
Appears in 2 contracts
Sources: Lease Agreement (PhaseBio Pharmaceuticals Inc), Lease Agreement (PhaseBio Pharmaceuticals Inc)
Maintenance and Repairs. (1) A. Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationotherwise provided herein, during the term of this Lease, Tenant shall, at Tenant's sole cost and expense, maintain keep the Demised Premises in good working order, condition and repair and in compliance with all applicable laws and shall perform all routine maintenance thereof and all necessary repairs thereto, interior and exterior, structural and nonstructural ordinary and extraordinary, foreseen or unforeseen, of every nature, kind and description. When used in this Paragraph 7, "repairs" shall include all necessary replacements, renewals, alterations, additions and betterments. If Tenant cannot keep the Demised Premises or any portion thereof in good working order, condition and repair, ordinary wear then Tenant shall replace the same in a first-class manner. Tenant shall comply with manufacturers' recommended schedules for warranty work. Tenant shall furnish its own cleaning services. All repairs and tear replacements made by Tenant shall be at least equal in quality to the original work and shall be made by Tenant in accordance with all applicable laws. The necessity for or adequacy of maintenance, repairs and replacements shall be measured by the standards which are appropriate for improvements of similar construction and class, provided that Tenant shall in any event make all repairs and replacements necessary to avoid any structural damage by fire and casualty excepted, including: or other damage or injury to the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Demised Premises.
(2) In B. Notwithstanding the provisions of Paragraph 7A, and Tenant's obligations to pay for all repairs, in the event that at any time during the term of this Lease after the expiration of the twentieth (20th) Lease Year (commencing with the Third Extension Term), Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as reasonably determines that capital expenditures are required to so maintain be expended by Tenant in connection with maintaining, repairing or replacing the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience roof or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repairor replacing the parking areas, replacement Building plumbing, electrical heating, ventilation, or alteration cooling equipment, sprinkler systems, or making any other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of expenditure required by subsequent law (any such capital improvement expenditure being herein referred to as a "Specified Capital Item"), then the Tenant shall submit to Landlord a proposed budget for such capital expenses for the Specified Capital Items and obtain Landlord's prior written approval thereof, which approval shall not be amortized over unreasonably withheld or delayed. Upon Tenant's obtaining Landlord's prior written approval of such Specified Capital Items and Tenant completing such work in accordance with the requirements set forth in this Lease, then and in that event, the Landlord agrees that it shall reimburse Tenant for an amount ("Reimbursement Amount") equal to the actual costs incurred in connection with the Specified Capital Item previously approved by Landlord multiplied by a fraction, the numerator of which is the portion of the useful life of such item Specified Capital Items remaining after the then existing term and the denominator of which is the useful life of such Specified Capital Item (i.e., by way of example, in the event that the approved cost for an approved Specified Capital Item was Out Thousand Dollars ($1,000) and the useful life of such Specified Capital Item was eight (8) years and such work was commenced at the end of the twentieth (20th) Lease Year, then in such event, Landlord would reimburse Tenant agrees to pay its percentage share for Five Hundred Dollars (which $500) as the Reimbursement Amount). The "useful life" of a Specified Capital Item shall be determined by dividing using the square footage of United States Internal Revenue Service standard depreciation schedule in effect on the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent date that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair capital expenditure is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repairmade. Notwithstanding anything in this Lease contained herein to the contrary, in the event that the need for repairs or Tenant exercises its option to extend the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion term of the Premises unusable for more than three consecutive business daysLease, then simultaneous with the exercise of such renewal option, the Tenant shall be entitled pay to Landlord an abatement amount equal to the difference between the Reimbursement Amount and the amount Landlord would have paid as a Reimbursement Amount had the term been extended by the Extension Term at the time such Specified Capital Item was commenced (i.e., by way of rent commencing example, in the event that the Specified Capital Item was One Thousand Dollars ($1,000) and that the useful life of the Specified Capital Item was eight (8) years, with such work having been commenced at the end of the twentieth (20th) Lease Year, whereby Landlord reimbursed Tenant a Reimbursement Amount of Five Hundred Dollars ($500), then simultaneous with the fourth business day that exercise of its option to extend the same are unusable; providedTerm for the Fourth Extension Term, however, that the Tenant would pay to Landlord an amount equal to Five Hundred Dollars ($500)). The allocation of the costs of Specified Capital Items as set forth in this Paragraph 7.B. shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of relieve Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the maintenance and repair in question is one which Tenant is obligated to furnish obligations under the provisions of this Lease.
Appears in 2 contracts
Sources: Sublease (R2 Technology Inc), Sublease Agreement (R2 Technology Inc)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's its sole cost and expense, maintain the Premises in good orderperform all maintenance, condition repair and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within replacement tasks to the Premises; all equipment installed by or at the expense of Tenant; provided, however, prior to exercise and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use performance of the Premises as a result of performing any such work.
(3) Option, neither Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement nor Tenant shall be obligated to make repairs or alteration or other change improvements that would be considered a capital improvement or replacement expense (according to Generally Accepted Accounting Principles, “GAAP”). By way of illustration, but not as a limitation at all times throughout the Term, Tenant shall maintain all improvements to the Premises under generally accepted accounting principlesnow or hereafter existing therein or thereon in good condition consistent with the standards of maintenance established during Landlord’s ownership. Tenant’s obligation to maintain and repair shall also specifically include the maintenance, then it repair or replacement of; fixtures and equipment essential to operation and enjoyment of the Premises; the heating, air- conditioning, electrical and plumbing systems; exterior and interior doors; windows and glass; any signs or other equipment installed and used by Tenant; and any easements appurtenant to the Premises in accordance with the terms of such easements. Tenant shall make such replacements of any of the foregoing as may become reasonably necessary during the Term. The provisions of this Section 9 shall not apply in the case of damage or destruction by fire or other casualty, or in the case of eminent domain, in which event the obligations of Tenant shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building controlled by the square footage of all buildings benefitted by specific provisions hereof addressing such improvement, including the Building) of the annual amortized amountevents. Such payment will be made by Tenant In carrying out its obligations as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceedsthis Section 9, Tenant will pay for agrees to conform to all requirements of law, the cost regulations of such repairapplicable public authorities, and the requirements of insurers. Notwithstanding anything in this Lease to the contraryFurther, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not take any action nor permit any action to be entitled taken which would result in or cause the loss, termination or forfeiture of any easement right appurtenant to a pro rata abatement the Premises or which would result in the violation of rent under any covenants, conditions or restrictions burdening the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeasePremises.
Appears in 2 contracts
Maintenance and Repairs. 9.1 Notwithstanding any other provision of this Lease, but subject to Sections 9.2, 16 and 17 hereto, Landlord, at its sole cost and expense (1meaning that such costs and expenses are already included in Annual Rental and Operating Cost Increases and shall not otherwise be billed as Additional Rent), shall promptly make all repairs, perform all maintenance, and make all replacements in and to the Land, the Building, Building structures and systems, and, except as set forth below, the Premises (including elevator lobbies and bathrooms constituting a portion of the Premises) Except that are necessary or desirable to keep the same: (a) in good ▇▇ ▇▇▇▇▇▇▇▇▇▇▇ CONDITION AND REPAIR, (B) IN A CLEAN, SAFE AND TENANTABLE CONDITION, AND (C) OTHERWISE IN ACCORDANCE WITH ALL LAWS AND THE REQUIREMENTS OF THE LEASE. The District shall maintain and repair the Premises (excluding elevator lobbies and bathrooms constituting a portion of the Premises) as provided in the next sentences. The District shall provide written notice to Landlord of any material defect in or material damage to the Premises, and Landlord shall inspect such condition. If the defect or damage is caused by the negligence or willful misconduct of the District or its employees (as determined by the judgment of a court of competent jurisdiction in the event the District disputes that the District or its employees were negligent or engaged in willful misconduct), the District shall be responsible for matters specified under Paragraph 4 above cost of the repair. If the District does not dispute that it is responsible for the cost of the repair or replacement, Landlord shall provide the District with an invoice for the cost of the necessary repair or replacement for the District’s approval, which invoice may include a Landlord service fee not to exceed 3.0% of such cost. If such invoice is approved by the District (or if Landlord is responsible for the repair or replacement), Landlord shall effect the repair or replacement, and, if applicable, the District shall pay any such approved invoice following completion of the subject work and Paragraph 8A(3within thirty (30) below as being Landlord's obligationdays after receipt of such invoice. If such invoice is not approved by the District, Tenant the District shall be responsible for undertaking the needed repair or replacement. The District shall suffer no waste or injury to any part of the Premises, and shall, at Tenant's sole cost and expensethe expiration or earlier termination of the Lease Term, maintain surrender the Premises in good orderan order and CONDITION equal to its order and condition on the Rent Commencement Date, condition and repair, subject to ordinary wear and tear tear, Landlord’s repair and maintenance obligations, and Section 16.
9.2 Except as otherwise provided in Sections 15.2 and 16, the District shall be responsible for all injury, breakage and damage by fire to the Premises and casualty excepted, including: the interior surfaces to any other part of the ceilingsBuilding or the Land to the extent caused by District Negligence. At all times, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails subject to maintain the Premises in good order, condition and repair as required under this LeaseSection 14, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordbe liable for all injury, breakage and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement damage to the Premises under generally accepted accounting principlesand, then it shall be Landlord's responsibility to promptly make if applicable, the MDF Equipment and pay for such repairthe MDF Supplemental HVAC, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage resulting from a failure of the Base Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations Conditions or Building Structures and rules of any public authority relating to the PremisesSystems, except to the extent arising solely due to District Negligence. The District shall endeavor to give Landlord prompt notice of any known defects or damage to the structure of, or equipment or fixtures in, the Building or any part thereof.
9.3 Landlord shall ensure that the foregoing are solely a result Building shall be managed, operated and maintained in accordance with the standards of Tenant's use of the Premises. Tenant shall do all acts required to comply quality followed in first class office buildings in Washington, D.C., and in full compliance with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the PremisesLaws. If Landlord engages a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceedsthird party property management company, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease District shall have the right to approve the contrarysame, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant approval shall not be entitled unreasonably withheld, conditioned or delayed. The District shall approve or disapprove such proposed management company within ten (10) Business Days after delivery to the District of a pro rata abatement written request for such approval and be deemed to have approved the same if it does not timely deliver written notice to Landlord of rent under the foregoing due to unusability (i) caused directly its approval or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.disapproval. ▇▇ ▇▇▇▇▇▇▇▇▇▇▇
Appears in 1 contract
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above 8.1 Tenant shall keep and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises and all fixtures and equipment located therein in clean, safe and sanitary condition, shall take good ordercare thereof and make all repairs thereto, shall suffer no waste or injury thereto, and at the expiration or earlier termination of the Lease Term, shall surrender the Premises in the same order and condition and repairin which they were on the Lease Commencement Date, ordinary wear and tear and damage by fire and insured casualty excepted. Except as otherwise provided in Article XVII, including: the interior surfaces of the ceilingsall injury, walls breakage and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails damage to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or to any other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage part of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) Land caused directly or indirectly by any act or omission of any invitee, agent, employee, subtenant, assignee, contractor, client, family member, licensee, customer or guest of Tenant (collectively “Invitees”) or Tenant, shall be repaired by and at Tenant’s expense, except that, if Tenant fails to make such repair within a reasonable time following Landlord’s demand therefor, Landlord shall have the right at Landlord’s option to make any such repair and to charge Tenant for all costs and expenses incurred in connection therewith. In an emergency, Landlord may make such repair without any prior demand upon Tenant. Landlord shall, at Landlord’s expense, repair any damage caused by the negligence or misconduct of Landlord, its agents or employees. Landlord shall provide and install replacement tubes for building standard fluorescent light fixtures and all other conventional light bulbs and tubes for the Premises at Tenant's servants’s expense (which expense shall not be included in Operating Charges pursuant to Article V).
8.2 Landlord shall keep and maintain in good order and repair appropriate for a first-class office building the base-building structure and systems, employeesincluding the roof, agentsexterior walls, contractorselevators, visitors or licenseeselectrical, (iiplumbing and HVAC systems, and the parking areas, landscaping, ground floor lobby and other common areas and facilities of the Building. In addition, Landlord shall maintain and repair Tenant’s private bathrooms within the Premises and the uninterrupted power source described in Paragraph 3(b) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.Exhibit B.
Appears in 1 contract
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Subject to Landlord's obligationrepair and restoration obligations described in Sections 10(b) and 14 below, Tenant shall, at Tenantits cost, during the Term (excluding the Construction Term):
i) Maintain, repair and/or replace, in good condition, ordinary wear and tear excepted, each and every portion of the Leased Premises (including, without limitation, all exterior signs related to safety required by law [including handicapped parking signs and fire lane signs] and the exterior of the Building) except for any items the maintenance, repair or replacement of which are Landlord's responsibility hereunder; and
ii) Keep the Leased Premises in a reasonably clean and neat condition and not permit the accumulation of any trash rubbish or garbage (except as accumulated in containers awaiting collection or disposal) in, on or about any part of the Leased Premises and arrange for collection or disposal of accumulated trash, rubbish and garbage from the Leased Premises.
b) Notwithstanding the provisions of Section 10(a) above and anything contained herein to the contrary , Landlord shall be responsible, at its sole cost and expense, maintain for the following maintenance, repairs and/or replacements to the Leased Premises during the Term:
i) any and all maintenance, repairs and/or replacements to the slab, foundation and structure of the Leased Premises (including, without limitation, repairing any cracks or other damage thereto, but specifically excluding painting of the exterior walls unless painting is required as a result of Landlord's failure to maintain, repair and/or replace the slab, foundation or structure as provided herein);
ii) any and all maintenance, repairs and/or replacements to the parking area of the Leased Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces event that Landlord fails to deliver the Certificate as to the parking area of the ceilingsLeased Premises as required by Section 2(c) of the Construction Provisions or fails to construct the parking area in accordance with the design standards therefor as required by Section 2(b ) of the Construction Provisions;
iii) any and all maintenance, walls repairs and/or replacements to the roof of the Leased Premises, in the event that Landlord fails to deliver the certificates and floorswarranties as to the roof of the Leased Premises required by Section 2(e) of the Construction Provisions;
iv) any and all maintenance, repairs and/or replacements to the heating, ventilation and air-conditioning system of the Leased Premises (the "HVAC"), in the event that Landlord fails to deliver the certificates as to the HV AC as required by Section 2(t) of the Construction Provisions;
v) any and all maintenance, repairs or replacements which become necessary as a result of Landlord's negligence, intentional misconduct, or acts or omissions, or the negligence, intentional misconduct, or acts or omissions of Landlord's agents or contractors; and
vi) any and all doors maintenance, repairs and/or replacements to the Leased Premises which (i) are required during the first Lease Year of the Term due to the original construction of the Leased Premises or (ii) are made necessary by reason of defects in the workmanship or materials used in the construction of any portion of the Leased Premises (except for any portion of the Leased Premises that was constructed by Tenant) or are due to the settling of the Leased Premises.
c) With regard to those items which are Landlord's responsibility under Section 10(b) above, if an emergency situation occurs, Tenant shall make all reasonable efforts to contact Landlord by telephone or facsimile to advise Landlord of the need for such maintenance, repair or replacement. If after making reasonable efforts to contact Landlord either Tenant is unable to contact Landlord or if Tenant succeeds in contacting Landlord and interior windows; furnishings installed Landlord fails to undertake action to correct the emergency situation within twenty-four (24) hours, Tenant may perform such maintenance, repair or replacement as Tenant deems necessary .Within thirty (30) days after written notice from Tenant (accompanied by an invoice or other reasonable evidence of the Premises; costs to be reimbursed), Landlord shall pay Tenant an amount equal to the actual, out-of-pocket costs incurred by Tenant in the performance of such maintenance, repair and/or replacement. If Landlord fails to pay to Tenant such costs within such thirty (30) day period then Tenant may deduct the amount of such costs from Basic Rent and any other charges owed by Tenant to Landlord. For purposes of this Section 10(c), an "emergency situation" means a condition or state of facts which if not corrected would result in further damage to the Leased Premises or its contents or personal injury or damage to any other property or which would in any way prevent Tenant from conducting its business at the Leased Premises in its customary manner. The provisions of this Section 10(c) shall control over any conflicting provisions contained in this Lease.
d) Landlord shall protect, defend, indemnify and hold Tenant harmless from all equipment installed losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees and court costs) incurred for work, labor, repairs, alterations, improvements, services and/or materials supplied to the Leased Premises by or at the expense direction of Tenant; and all plumbingLandlord, heatingor which may occur, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within result from or arise out of the Premises.
(2) In failure of Landlord during the event that Tenant fails Term to maintain make properly any required repairs or perform any maintenance which is the Premises in good order, condition and repair as required responsibility of Landlord under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result such losses, damages, liabilities, costs and/or expenses arise out of Tenant's use negligence, intentional misconduct, or acts or omissions, or the negligence, intentional misconduct, or acts or omissions of the PremisesTenant's agents or contractors. Tenant shall do protect, defend, indemnify and hold Landlord harmless from all acts required losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees and court costs) incurred for work, labor, repairs, alterations, improvements, services and/or materials supplied to comply with all applicable lawsthe Leased Premises by or at the direction of Tenant, ordinancesor which may occur, regulations and rules of any public authority relating solely to Tenant's use result from or arise out of the Premises. If a repair failure of Tenant during the Term to make properly any required repairs or perform any maintenance which is required as a result the responsibility of Tenant's negligence and such repair cost is not covered by insurance proceedsTenant under this Lease, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease except to the contraryextent that such losses, in the event that the need for repairs damages, liabilities, costs and/or expenses arise out of Landlord's negligence, intentional misconduct, or acts or omissions, or the making negligence, intentional misconduct, or acts or omissions of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion agents or contractors.
e) Landlord hereby assigns to Tenant all of the Premises unusable for more than three consecutive business daysLandlord's interest in, then Tenant shall be entitled and rights under (including rights to an abatement of rent commencing enforce), all warranties and guaranties received in connection with the fourth business day that Work or any other work, maintenance, repairs and/or replacements performed by, or at the same are unusabledirection of, Landlord in, on or at the Leased Premises; provided, however, that Tenant Landlord shall not be entitled retain such interest in and rights under such warranties and guaranties as are necessary or desirable for Landlord to a pro rata abatement of rent under complete any maintenance, repairs and/or replacements to the foregoing due to unusability Leased Premises which (i) caused directly are required during the first Lease Year of the Term due to the original construction of the Leased Premises or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decorationare made necessary by reason of defects in the workmanship or materials used in the construction of any portion of the Leased Premises (except for any portion of the Leased Premises that was constructed by Tenant) or are due to the settling of the Leased Premises, alteration, improvement or addition which directly causes such unusability, or (iiias provided in Section 1O(b)(vi) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseabove.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Aei Net Lease Income & Growth Fund Xix Limited Partnership)
Maintenance and Repairs. (1a) Except for matters specified Landlord shall Maintain the: (i) Building footings, foundations, structural steel columns and girders at Landlord’s sole expense; and (ii) Building roof and exterior walls. Costs incurred by Landlord under Paragraph 4 above the foregoing Subsection (ii) will be included in Operating Expenses in accordance with the definition of Operating Expenses in the Rider attached to this Lease. To the extent any heating, ventilation and Paragraph 8A(3) below as being air conditioning system, or other Building System, equipment or fixture exclusively serves the Premises, Landlord may elect to Maintain the same at Tenant’s sole expense and ▇▇▇▇ Tenant directly. If Tenant becomes aware of any condition that is Landlord's obligation’s responsibility to repair, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces shall promptly notify Landlord of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Leasecondition. Furthermore, Landlord shall give Tenant prior written notice to do such acts be responsible, at Landlord’s cost and not as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordan Operating Expense, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for correcting any reasonable damage, inconvenience or interference latent defects with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating respect to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant Landlord shall not be entitled have no obligation to a pro rata abatement of rent under the foregoing due to unusability repair (i) caused directly latent defects capable of detection in the ordinary course of Tenant’s business and first detected more than one (1) year after the commencement date of the Existing Lease, and/or (ii) latent defects that have no material adverse effect on Tenant’s ability to conduct business in or indirectly gain access to the Premises.
(b) Except as provided in Subsection (a) above, Tenant at its sole expense shall Maintain the Premises, including, but not limited to, all heating, ventilation and air conditioning systems, or other Building System, lighting, plumbing fixtures, walls, partitions, sidewalks, landscaping, parking and other paved areas, dock doors, loading areas, floors, doors, windows, fixtures and equipment in the Premises. Tenant shall obtain annual, written maintenance contracts with competent, licensed contractors for the maintenance of the sprinkler and heating, ventilation and air conditioning systems. All repairs and replacements by Tenant shall utilize materials and equipment which are comparable to those originally used in constructing the Building and Premises. Alterations, repairs and replacements to the Property, including the Premises, made necessary because of Tenant’s Alterations or installations, any use or circumstances special or particular to Tenant, or any act or omission of Tenant or its Agents shall be made by Landlord or Tenant as set forth above, but at the sole expense of Tenant to the extent not covered by any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated applicable insurance proceeds paid to furnish under the provisions of this LeaseLandlord.
Appears in 1 contract
Maintenance and Repairs. DURING THE TERM OF THIS AGREEMENT IT IS THE TENANTS RESPONSIBILITY TO IMMEDIATELY NOTIFY THE REPAIR PERSON AUTHORIZED BY LANDLORD VIA ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ TO REPORT ANY DEFECTS OR DANGEROUS CONDITIONS IN OR ABOUT THE PREMISES OF WHICH THEY BECOME AWARE. There will be a charge for every unsuccessful service call attempt due to inaccessibility caused by changed locks, locked bedroom doors, appointments set and canceled the day the work is performed, vicious or dangerous animals, unsanitary or unsafe conditions created by occupants. Tenants shall be responsible for the control of rodents and ants(see sec 8g). Tenants shall be responsible for any and all damage done to the apartment that is caused by Tenant negligence or improper use, including, but not limited to the following: (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3costs of repairs due to waste pipe or drain clearances, (2) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary any damage other than normal wear and tear to the garbage disposal, or for any foreign objects found in the disposal, or for damage done by foreign objects to the disposal and pay a minimum service charges of $70.00; (3) any broken windows or damaged screens regardless of how the damage by fire and casualty exceptedmay have occurred. TENANTS MUST REIMBURSE LANDLORD, including: ON DEMAND BY LANDLORD, FOR THE COST OF ANY Repairs TO THE PREMISES DAMAGED BY THE TENANTS OR THEIR GUESTS OR INVITEES
(1) Tenant will know the interior surfaces of the ceilings, walls and floorscomplaint has been reported; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In Tenant can personally explain the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
problem; (3) Landlord will maintain, repair and replace all structural components Tenant can make an appointment convenient for them; (4) Tenant can have an expectation of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement problem being taken care of. Tenants agree to the Premises under generally accepted accounting principles, then it shall be Landlord's accept responsibility for any inconvenience charges by vendors related to promptly make and pay for such repair, replacement, alteration or other changemissing previously arranged appointments. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost Owner is not covered by insurance proceeds, Tenant will pay responsible for independent contractors not showing up for appt. Tenants must notify (Initial) Chico College Apts. if an independent contractor does not show for appointment so the cost of such repairowner can make other arrangements for work to get done in a timely manner. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 1 contract
Sources: Rental Lease Agreement
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above Landlord shall Maintain (i) all Building footings, foundations, structural steel columns and Paragraph 8A(3) below as being girders at Landlord's obligation, Tenant shall, at Tenant's ’s sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical (ii) the Building roof and lighting facilities exterior walls; and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In in the event that Tenant fails to maintain there are multiple tenants in the Premises in good order, condition and repair as required under this LeaseBuilding, Landlord shall give also Maintain (iii) the Building Systems; and (iv) the Common Areas. Costs incurred by Landlord under the foregoing clauses (ii), (iii) and (iv) will be included in Operating Expenses, provided that to the extent any heating, ventilation and air conditioning system, or other Building System, equipment or fixture serves the Premises exclusively, If Tenant becomes aware of any condition that is Landlord’s responsibility to repair, Tenant shall promptly notify Landlord of the condition. If Landlord fails to complete any of its maintenance obligations under this Lease within thirty (30) days after the receipt by Landlord of written notice from Tenant of any such failure (except in the event of an emergency, in which event only reasonable prior notice shall be required), or, if such maintenance cannot reasonably be completed within such thirty (30) day period, such longer period as may be reasonably required for such completion (provided that Landlord commences the maintenance within such thirty (30) day period and diligently pursues same to completion), then, subject to and in accordance with the provisions of Section 22(g), Tenant may complete any such maintenance at Landlord’s cost. Landlord shall pay Tenant any sums paid or costs incurred by Tenant (together with an administrative fee of ten percent (10%) thereof) in curing the default, plus interest at the Interest Rate from the respective dates of Tenant’s incurring such costs within thirty (30) days after Tenant has invoiced Landlord therefor. If Landlord fails to reimburse Tenant within thirty (30) days after receipt of such invoice, then unless Landlord delivers written notice to do Tenant within such acts thirty (30) day period that Landlord disputes in 7 QB\129138.00037\24864053.9
(b) Except as are required to so maintain provided in subsection (a) above, Tenant at its sole expense shall Maintain the Premises and all fixtures and equipment in the Premises. In All repairs and replacements by Tenant shall utilize materials and equipment which are comparable to those originally used by Landlord in constructing the event that Tenant fails to commence such work within 30 days after written demand by LandlordBuilding and Premises. Alterations, repairs and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement replacements to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvementProperty, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result made necessary because of Tenant's ’s Alterations or installations, any use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely or circumstances special or particular to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or its Agents shall be made by Landlord or Tenant as set forth above, but at the sole expense of Tenant to the extent not covered by any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated applicable insurance proceeds paid to furnish under the provisions of this LeaseLandlord.
Appears in 1 contract
Sources: Lease Agreement (Wageworks, Inc.)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall7.1 Lessor, at Tenant's sole cost and his expense, shall maintain the Premises roof, structural walls, foundation and underground plumbing and other underground facilities serving the Building in good order, operating condition and repair, ordinary wear shall make all necessary repairs and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusablereplacements thereto; provided, however, that Tenant shall Lessor’s obligations under this Section 7.1 are solely for the normal maintenance of such structural parts and underground facilities and for the correction of structural defects, if any, not be entitled to a pro rata abatement of rent under caused by the foregoing due to unusability (i) caused directly or indirectly by any negligence, willful act or omission improper use of Tenant the Leased Premises by Lessee or any of Tenant's servantsits agents, employees, agentsrepresentatives or invitees.
7.2 Lessee, contractorsat its expense, visitors shall maintain al interior and exterior parts of the Building and the rest of the Leased Premises not required to be maintained by Lessor pursuant to Section 7.1 in good repair and in clean, orderly operating condition and shall make all necessary repairs and replacements thereto, including, without limitation, all walls, partitions, windows, and all electrical, heating, ventilating, air conditioning and above-ground plumbing and other above-ground facilities, systems and equipment, driveways and parking areas, shall keep all interior and exterior areas of the Leased Premises painted, clean and clear of debris, snow and obstructions and shall mow the lawns and maintain all landscaping in a neat and orderly condition. Lessee shall take such action as is necessary to protect the facilities, systems and equipment of the Leased Premises from damage or licenseespremature wear, (ii) where Tenant makes a decorationtear or depreciation caused by its activities so that such systems, alterationfacilities and equipment shall function normally throughout their normal useful lives.
7.3 In the event Lessee fails to make any repairs or to perform any maintenance required under Section 7.2 within 10 days after Lessor gives Lessee notice requesting the same, improvement or Lessor, in addition which directly causes to his remedies under Section 14, may, at his sole discretion, make such unusabilityrepairs and perform such maintenance for Lessee’s account and at Lessee’s expense, or (iii) where the repair and Lessee shall reimburse Lessor for any and all costs and expenses incurred by Lessor in question is one which Tenant is obligated to furnish under the provisions of this Leasemaking such repairs and performing such maintenance promptly upon demand by Lessor.
Appears in 1 contract
Sources: Lease Agreement (Pharmaceutical Product Development Inc)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above It is understood and Paragraph 8A(3) below as being Landlord's obligation, Tenant agreed that Landlord shall, at Tenant's its sole cost and expense, maintain keep and maintain, during the Premises term of the Lease or any extension or renewal thereof, the foundations, and structural support portion of the improvements, including the structural portions of the roof, in good order, proper condition and in a good state of repair, ordinary wear and tear and damage by fire and casualty excepted, including: . During the interior surfaces term of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Tenant shall maintain the HVAC, plumbing, and electrical system(s) which serve the Demised Premises. Landlord shall give Tenant prior written notice not be responsible for any maintenance or repair caused by the fault or neglect of Tenant, or due to do such acts as are hazards and risks covered or required to be covered by insurance hereunder except as insurance proceeds are available therefore. All other maintenance and repair of said structure, including, but not limited to, painting of walls, and maintenance, repair and replacement of equipment, shall be the responsibility of Tenant. Any repairs or maintenance required to the roof membrane, or any repainting of the exterior walls, shall be accomplished by Landlord and reimbursed by Tenant as a common area maintenance expense as further defined herein. It is understood and agreed that should either party to this Agreement fail or refuse to start and to proceed thereafter with due diligence to make any repairs or maintenance as may be reasonably necessary for the purpose of fulfilling the terms and conditions of the agreements herein set forth within a reasonable length of time (not to exceed seven (7) days) after being notified in writing of the need thereof, that the other party hereto may make such repairs at the cost and expense of the party so maintain the Premisesfailing or refusing. In the event that of an emergency situation, Tenant fails may, in its discretion, make emergency repairs without giving written notification to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of reimburse Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that such repairs were the need for repairs or the making responsibility of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall hereunder and were not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission the fault of Tenant or Tenant’s agents. The rights of Tenant hereunder specifically do not include the right to offset or deduct any amounts claimed hereunder from rentals due. Landlord reserves the right to enter upon the Demised Premises (in a manner that will not unnecessarily interfere with the business of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where during business hours at any time to inspect the repair in question is one which Tenant is obligated same and to furnish under the provisions of this Leasemake necessary repairs to fulfill Landlord’s obligation hereunder.
Appears in 1 contract
Maintenance and Repairs. As part of the Common Area Maintenance charges (1herein referred to as"CAM") Except for matters specified which Lessee is paying its Proportionate Share, Lessor agrees to keep in good condition and repair the roof, roof drains and gutters, foundations and the Premises, underground utility and sewer pipes outside the exterior walls of the Office Complex including, exterior maintenance and landscaping, signage, exterior lighting, parking area and rear picnic area, interior common areas including the Office Complex entrance and hallways, except repairs rendered necessary by the negligence of Lessee, its agents, employees, assignees or invitees. Lessor otherwise gives to Lessee exclusive control of its Premises and shall be under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant no obligation to inspect said Premises. Lessee shall promptly report in writing to Lessor any defective condition known to Lessee which Lessor is required to repair or maintain.Lessee shall, ,at Tenant's its sole cost and expense, maintain : (a)keep the Premises clean and.neat. CAM shall not include the following:(1)costs incurred in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: connection with the interior surfaces original construction of the ceilingsOffice Complex or in connection with any major alterations to the Office Complex or costs of capital improvements and any other expenditures that, walls and floorsunder generally accepted.accounting principles, should be capitalized; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In legal fees, space planners'fees, real estate brokers' leasing commissions, and advertising expenses incurred in connection with the event original development or original leasing of the Office Complex or the future leasing of the Office Complex, (3) costs for which Lessor is reimbursed by any tenant or occupant of the Office Complex or by insurance by its carrier or any tenant's carrier or by anyone else or amounts chargeable to specific tenants of the Office Complex and amounts resulting from structural replacements to the exterior of any individual store buildings of Office Complex which are normally chargeable to capital account under sound accounting principles;(4)any bad debt loss,rent loss, or reserves for bad debts or rent loss, or political or charitable contributions; (5)expenses of extraordinary services provided to other tenants in the Office Complex that Tenant fails are made available to maintain a tenant at cost or for which a tenant is separately charged;(6)costs associated with the Premises operation of the business of the entity or corporation that constitutes Lessor, if any, as distinguished from the costs of operation of the Office Complex including accounting and legal matters;costs of defending any lawsuits with any mortgagee; costs of selling, syndicating,financing,mortgaging or hypothecating any of Lessor's interest in good orderthe Office Complex; and costs (including attorney fees and costs of settlement judgments and payments in lieu thereof) arising from claims, condition violations of law, disputes, or potential disputes in connection with potential or actual claims, litigation, or arbitration respecting Lessor or the Office Complex or the land upon which the Office Complex is constructed; (7) the wages and repair benefits of any onsite employees above the level of general manager; (8) the wages and benefits of any employee who does not devote substantially all of his or her time to the Office Complex unless such wages and benefits are allocated to reflect the actual time spent on operating and managing the Office Complex as required opposed to time spent on matters unrelated to operating and managing the Office Complex; (9) amounts paid as ground rental or other rentals pursuant to a sale and lease back of the Office Complex by Lessor;(10)costs, including permit,license,and inspection costs, incurred with respect to the installation of tenant improvements made for new tenants in the Office Complex or incurred in renovating or otherwise improving,decorating,painting,or redecorating vacant space for tenants or other occupants of the Office Complex; (11) any compensation paid to clerks, attendants, 0 17 other persons in commercial concessions operated by Lessor or in any parking area or garage; (12) management fees; (13) costs incurred by Lessor due to the violation by Lessor or any tenant of the terms and conditions of any lease of space in the Office Complex; (14) any costs, interest, fees, points,principal or other payments associated with mortgages or security deeds on Office Complex; (15) fines, interest, charges, penalties, damages and other costs incurred by Lessor by reason of any default (or claim of default) or late payment by it under any lease or other contract or instrument (regardless of whether or not the payment itself is allowed to be included in CAM), including, without limitation, any legal and other professional fees paid or incurred in connection therewith, any costs, fines or penalties incurred due to violations by Lessor of any governmental law, ordinance, rule or authority or costs incurred by Lessor to comply with environmental laws; (16) any costs or expenses incurred to make any of Lessor's representations or warranties under this LeaseLease true or correct; (17) costs incurred by Lessor to comply with the Americans with Disability Act (42 U.S.C. 12101 et seq., Landlord the "ADA"); and/or(18) administrative charges in excess of ten percent (10%) of CAM, exclusive of Taxes and Assessments, Insurance and Utility Charges. In order to eliminate any ambiguity or the possibility of any duplicative billing,Lessor agrees that no Insurance or Taxes and Assessments for which Lessee is paying its Proportionate Share shall give Tenant prior written notice to do such acts as are required to so maintain the Premisesbe included within CAM for which Lessee will also pay its Proportionate Share. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use other tenant of the Premises as Office Complex finds an error in the calculation of CAM or a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if duplicate charge for which a repair, replacement or alteration or other change reimbursement would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent due under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions terms of this Lease,Lessor shall adjust the calculation of CAM as it pertains to Tenant and reimburse Tenant accordingly.
Appears in 1 contract
Sources: Office Lease Agreement
Maintenance and Repairs. As part of the Common Area Maintenance charges (1herein referred to as "CAM") Except for matters specified which Lessee is paying its Proportionate Share, Lessor agrees to keep in good condition and repair the roof, roof drains and gutters, foundations, underground utility and sewer pipes outside the exterior walls of the Office Complex including, exterior maintenance and landscaping, signage, exterior lighting, parking area and rear picnic area, interior common areas including the Office Complex entrance and hallways,except repairs rendered necessary by the negligence of Lessee, its agents, employees, assignees or invitees.Lessor otherwise gives to Lessee exclusive control of its Premises and shall be under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant no obligation to inspect said Premises or to repair any portion of the Premises except those repairs expressly itemized in this paragraph. Lessee shall promptly report in writing to Lessor any defective condition known to Lessee which Lessor is required to repair or maintain. Lessee shall, at Tenant's its sole cost and expense, maintain :
(a) keep the Premises clean and neat;and(b)keep the Premises,including but not limited to the HVAC system, the electrical and plumbing systems inside the Premises, and all other matters not specifically undertaken as the responsibility of Lessor in this paragraph,in good order, condition working order and repair, ordinary wear and tear and damage by fire and casualty excepted, including. CAM shall not include the following: (1) costs incurred in connection with the interior surfaces original construction of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by Office Complex or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for connection with any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement major alterations to the Premises Office Complex or costs of capital improvements and any other expenditures that, under generally accepted accounting principles, then it shall should be Landlordcapitalized; (2) legal fees, space planners' fees, real estate brokers' leasing commissions, and advertising expenses incurred in connection with the original development or original leasing of the Office Complex or the future leasing of the Office Complex, (3)costs for which Lessor is reimbursed by any tenant or occupant of the Office Complex or by insurance by its carrier or any tenant's responsibility carrier or by anyone else or amounts chargeable to promptly make specific tenants of the Office Complex and pay amounts resulting from structural replacements to the exterior of any individual store buildings of Office Complex which are normally chargeable to capital account under sound accounting principles; (4) any bad debt loss, rent loss, or reserves for bad debts or rent loss, or political or charitable contributions; (5) expenses of extraordinary services provided to other tenants in the Office Complex that are made available to a tenant at cost or for which a tenant is separately charged; (6) costs associated with the operation of the business of the entity or corporation that constitutes Lessor, if any, as distinguished from the costs of operation of the Office Complex including accounting and legal matters; costs of defending any lawsuits with any mortgagee; costs of selling, syndicating, financing, mortgaging or hypothecating any of Lessor's interest in the Office Complex; and costs (including attorney fees and costs of settlement judgments and payments in lieu thereof) arising from claims, violations of law, disputes, or potential disputes in connection with potential or actual claims, litigation, or arbitration respecting Lessor or the Office Complex or the land upon which the Office Complex is constructed; (7) the wages and benefits of any onsite employees above the level of general manager; (8) the wages and benefits of any employee who does not devote substantially all of his or her time to the Office Complex unless such repair, replacement, alteration wages and benefits are allocated to reflect the actual time spent on operating and managing the Office Complex as opposed to time spent on matters unrelated to operating and managing the Office Complex;(9)amounts paid as ground rental or other change. The cost rentals pursuant to a sale and lease back of the Office Complex by Lessor;(10) costs, including permit, license, and inspection costs,incurred with respect to the installation of tenant improvements made for new tenants in the Office Complex or incurred in renovating or otherwise improving,decorating,painting,or redecorating vacant space for tenants or other occupants of the Office Complex; (11) any compensation paid to clerks, attendants, or other persons in commercial concessions operated by Lessor or in any parking area or garage; (12) management fees; (13) costs incurred by Lessor due to the violation by Lessor or any tenant of the terms and conditions of any such capital improvement shall lease of space in the Office Complex; (14) any costs, interest, fees, points, principal or other payments associated with mortgages or security deeds on Office Complex; (15) fines, interest, charges, penalties, damages and other costs incurred by Lessor by reason of any default(or claim of default)or late payment by it under any lease or other contract or instrument(regardless of whether or not the payment itself is allowed to be amortized over the useful life included in CAM),including, without limitation, any legal and other professional fees paid or incurred in connection therewith, any costs, fines or penalties incurred due to violations by Lessor of such item and Tenant agrees to pay its percentage share (which shall be determined any governmental law,ordinance, rule or authority or costs incurred by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required Lessor to comply with all applicable environmental laws, ordinances, regulations and rules ; (16) any costs or expenses incurred to make any of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of TenantLessor's use of the Premises. Tenant shall do all acts required representations or warranties under this Lease true or correct; (17) costs incurred by Lessor to comply with all applicable lawsthe Americans with Disability Act (42 U.S.C. 12101 et seq., ordinancesthe "ADA"); and/or (18)administrative charges in excess of ten percent (10%) of CAM, regulations exclusive of Taxes and rules Assessments, Insurance and Utility Charges. In order to eliminate any ambiguity or the possibility of any public authority relating solely to Tenant's use duplicative billing, Lessor agrees that no Insurance or Taxes and Assessments for which Lessee is paying its Proportionate Share shall be included within CAM for which Lessee will also pay its Proportionate Share. In the event any other tenant of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, Office Complex finds an error in the event that the need calculation of CAM or a duplicate charge for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall reimbursement would be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent due under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions terms of this Lease, Lessor shall adjust the calculation of CAM as it pertains to Tenant and reimburse Tenant accordingly.
Appears in 1 contract
Sources: Office Lease Agreement
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above Subject to the provisions of Article IX and Paragraph 8A(3) below as being Landlord's obligationXII hereof, Tenant shall, at Tenant's its sole cost and expenseexpense during the term of this Lease, maintain the Premises keep in good first-class order, condition and repair, ordinary wear the Premises and tear and damage by fire and casualty exceptedevery part thereof, including: , without limiting the interior surfaces generality of the ceilingsforegoing, walls maintenance, repair and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense replacement of Tenant; and all plumbing, heating, ventilating, air conditioning, electrical wiring and conduits, lighting facilities and equipment, fixtures; all landscaping, parking lotswalls, fences wall covering and signs located within the Premisespaint, ceilings, floors and floor coverings, windows and window casement, doors, plate glass, showcases, sprinkler systems (if any), skylights, entrances and other facilities.
(2b) In Tenant shall not place any rubbish or other matter outside the event that Premises, except in such containers as are authorized from time to time by Landlord. Tenant shall promptly sweep and clean the sidewalk adjacent to the Premises as needed.
(c) If Tenant fails to maintain perform its obligations under this Section 7.01, Landlord may, at its option, after five days written notice to Tenant, except in the event of an emergency in the judgment of Landlord, in which case no notice shall be required, enter upon the Premises and put the same in good order, condition and repair and the cost thereof shall become due and payable as required under this Lease, additional rent by Tenant to Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such workupon demand.
(3d) Landlord will maintainTenant expressly waives any right pursuant to any law now existing, repair or which may be effective during the term hereof, to make repairs at Landlord's expense, including, without limitation, the provisions of Sections 1932(2), 1933(4), 1941 and replace all structural components 1942 of the Premises California Civil Code, and any provisions amendatory thereof or supplemental thereto.
(e) Tenant shall reimburse Landlord on demand for ▇▇▇▇▇▇'s pro rata share of the cost of repairs made by Landlord to the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to building in which the Premises under generally accepted accounting principlesare located, then it shall said pro rata share to be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over based on the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent proportion that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion gross ground floor area of the Premises unusable for more than three consecutive business daysbears to the gross ground floor area of said building, then Tenant shall and said reimbursement may be entitled changed by Landlord pursuant to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions Section 15.01 of this Lease.
Appears in 1 contract
Sources: Shopping Center Lease (BSM Bancorp)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above 9.1 AGENT is authorized to make or cause to be made, through contracted services or otherwise, all ordinary repairs and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost replacements reasonably necessary to preserve and expense, maintain the Premises PREMISES in an attractive condition and in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: state of repair for the interior surfaces operating efficiency of the ceilingsPREMISES, walls and floors; all doors alterations required to comply with lease requirements, governmental regulations, or insurance requirements. At the request and expense of the OWNER, the AGENT may decorate the PREMISES and to purchase or rent, on OWNER's behalf, all equipment, tools, appliances, materials, supplies, and other items necessary for the management, maintenance, or operation of the PREMISES. Such maintenance and decorating expenses will be paid by the OWNER and through the OPERATING ACCOUNT. AGENT shall not be liable to OWNER for any act, omission, or breach of duty of such independent contractors or suppliers.
9.2 Due to the volume of business and AGENT’S business relationships with vendors, certain benefits in the form of rebates, gratuities and discounts are sometimes made available to AGENT and its employees. AGENT does not mark up invoices and charges to OWNERS and therefore, AGENT retains all available discounts, gratuities, and rebates. AGENT shall always award vendor contracts and otherwise deal with vendors based upon price, availability, workmanship and industry reputation.
9.3 AGENT shall contract for bi-annual interior windows; furnishings installed within preventative maintenance at the Premises; all equipment installed by or rate of $50 (fifty dollars) per visit at the expense of Tenant; the Owner. The contractor will check plumbing fixtures, caulking, doorstops, dryer vents, smoke detectors, furnace filters and make the necessary repairs. AGENT agrees to back- charge tenant for tenant related expenses. Owner acknowledges this is a not a full home inspection and Owner agrees to hold AGENT and Vendor harmless and keep them exonerated from all plumbingloss, heatingdamage, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within liability or expense occasioned or claimed by reasons of acts or neglect of the PremisesVendor and/or his employees for the purpose of conducting the bi-annual interior maintenance walk through.
9.4 At the expense of the Owner, smoke detectors and carbon monoxide detectors will be installed if not already present. Smoke detectors will be installed in a minimum of each bedroom. Carbon monoxide detector(s) are to be installed between bedrooms, with at least one on each level. SAMPLE
9.5 The expense incurred for any one transaction shall not exceed $300.00 (2) In three hundred dollars), except monthly or recurring operating charges and emergency repairs, unless otherwise authorized by the event that Tenant fails OWNER, typically done via e-mail. OWNER will advise agent of additional forms of preferred contact.
9.6 Owners are not authorized to maintain have or keep keys to the Premises in good orderProperty during the life of this Agreement.
9.7 At the commencement of the term hereof, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord OWNER shall have the rightProperty clean and move-in ready with all smoke alarms, but carbon monoxide detectors, lights, and appliances in working order. Owner warrants that the Property shall be in good operating condition and free of material defects. During the term hereof, the foregoing shall be Manager’s responsibility, before the Property is to be shown to prospective tenants. If the Property is not be obligatedmove-in ready at the commencement of the term hereof, the Manager will facilitate any cleanup/maintenance necessary to do such acts and expend such funds make the property move-in ready at the expense of Tenant as the Owner. OWNER acknowledges that it is AGENTS stated business policy to offer for rent only units in Rent Ready Condition. Rent Ready Condition means that the unit is habitable under applicable law, clean according to Manager’s standards, that all amenities are reasonably required in working order.
9.8 AGENT shall contract a walkthrough of the property at the rate of $100 (one hundred dollars) to perform such workverify completion of repairs that were required. Landlord shall have no liability The vendor will check that visible cosmetic repairs were completed prior to Tenant for any reasonable issuing payment to vendor. Owner acknowledges this is a not a full home inspection and Owner agrees to hold AGENT and Vendor harmless and keep them exonerated from all loss, damage, inconvenience liability or interference with Tenant's use expense occasioned or claimed by reasons of acts or neglect of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay Vendor and/or their employees for the cost purpose of such repair. Notwithstanding anything in this Lease to conducting the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasemaintenance walkthrough.
Appears in 1 contract
Sources: Management Agreement
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shallTenant, at Tenant's sole its cost and expense, shall keep, maintain and take good care of the Premises and shall make all repairs to the interior non-structural portions of the Premises, including the ceilings, walls, doors, windows, window treatments, lighting and flooring, which are necessary or desirable to keep the Premises in good order and repair. Upon Tenant's request, fluorescent lamps, ballasts and incandescent bulbs shall be replaced by Landlord at Tenant's expense.
(b) In making the aforesaid repairs and/or any Alterations, as said term is defined in Section 11 hereof, Tenant shall utilize its own employees or contractors reasonably satisfactory to Landlord.
(c) Landlord shall keep, maintain and, if necessary, replace the roof and structural portions of the Building and the plumbing and electrical service lines furnished by Landlord to the Premises and the heating, ventilation and air conditioning systems which were installed by Landlord and which service the Premises, in good order, condition and repair, ordinary wear and tear and damage by fire and casualty exceptedshall keep, including: the interior surfaces maintain and, if necessary, replace all portions of the ceilingsProperty's common areas, walls exterior lighting, parking areas, sidewalks and floors; all doors landscaped areas in an attractive and interior windows; furnishings installed within clean condition free of dirt and rubbish, and clear the Premises; all equipment installed by or at the expense drives, parking areas, walkways and sidewalks of Tenant; accumulations of snow and ice. Any and all plumbingreasonable costs, heatingexpenses and fees incurred by Landlord in fulfilling its obligations under the immediately preceding sentence, ventilatingshall be deemed, electrical and lighting facilities and fixtures; all landscapingshall be added to, parking lots, fences and signs located within "expenses" as said term is defined in the PremisesOperating Expense Rider attached hereto.
(2d) Tenant shall not commit or suffer, and shall use all reasonable precaution to prevent waste, damage or injury to the Premises, Building or Property and the equipment thereon.
(e) Tenant shall use its best efforts to notify Landlord immediately by telephone of any damage, leak, suspicious smell or condition Tenant discovers or becomes aware of at or about the Premises or Property.
(f) If requested by Landlord, to facilitate snow removal work, Tenant and its employees and invitees shall park vehicles only in areas designated by Landlord or shall not park in any parking areas while snow removal work is in progress.
(g) In the event that Tenant fails Landlord shall fail to maintain provide any utilities or services which the Premises in good order, condition and repair as Landlord is required to provide under this Lease or shall fail to perform any other obligation which Landlord is required to perform under this Lease, Landlord including, without limitation, any maintenance obligation, where such failure materially adversely affects the use and occupancy by the Tenant of the Premises or the Tenant's operations therein, and if such failure shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 continue for more than fifteen (15) days after written demand by Landlordnotice thereof from Tenant without Landlord commencing to cure such failure and thereafter pursuing such cure to completion with all diligence, then, without limitation to Tenant's other rights and diligently prosecute it to completionremedies provided hereunder or at law or in equity, then Landlord shall have during the rightpendency of such failure Tenant may, but shall not be obligatedobligated to, to do cure such acts failure on behalf of the Landlord and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to reimburse the Tenant for any the reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over curing the useful life of such item and Tenant agrees to pay its percentage share same within fifteen (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building15) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result days of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasedemand therefor.
Appears in 1 contract
Sources: Lease Agreement (Parlex Corp)
Maintenance and Repairs. (1) Tenant will keep the Premises continuously in _________________________ a neat, clean, and sanitary condition, and in as good condition as when turned over to it, reasonable wear and tear excepted. This maintenance and repair obligation extends to all interior walls, doors, windows, plumbing, and electrical fixtures within the Premises, except as these obligations may be covered by manufacturer or contractor warranties, and includes the obligation to replace any objects serving the Premises exclusively when replacement, as opposed to repair, becomes appropriate. Excepting matters that are Tenant's obligation under this Article, Landlord will maintain and manage the Building and the Parcel by providing such services as is customary for like buildings in this area. Except for matters specified as provided elsewhere in this Lease concerning damage caused by Tenant not subject to a waiver of claims, Landlord shall, at its sole expense, maintain, repair, and replace the Building's roof and load bearing walls, floors, and columns. Notwithstanding anything herein to the contrary, Landlord shall have the right to perform, as a reimbursable Operative Expense, all other maintenance and repairs, otherwise Tenant's obligation under Paragraph 4 above this Article, if of a nature as to affect other tenants in the Building. E.g., repairs to a part of the HVAC system affecting more than one Tenant. If Tenant fails to maintain or repair the Premises as required in this Lease after written notice shall have been given Tenant, and Paragraph 8A(3) below as being Landlord's obligationafter Tenant has had a reasonable time to make the repairs, Tenant shallLandlord may make such repairs, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no without liability to Tenant for any reasonable ensuing loss or damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 1 contract
Sources: Lease (Fsi International Inc)
Maintenance and Repairs. (1) Except 9.20.1 The Service Provider will throughout the Agreement care for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Wits Shop Premises in good order, condition and repair and upon the expiry or termination thereof return and redeliver the Wits Shop Premises to the University in like good order and condition, and it will make good and repair at its own cost any damage and if it fails to do so, the University will without prejudice to any other remedy available to it be entitled to effect such replacement or repairs at the cost of the Service Provider and the Service Provider will reimburse the University for the cost of replacing, repairing or making good any broken, damaged or missing articles (including keys).
9.20.2 Without derogating from the generality of 9.20.1, the Service Provider will at its own cost maintain in good order and condition -
9.20.2.1 the interior of the Wits Shop Premises and all parts thereof, including all windows, doors, appurtenances, fixtures and fittings, geysers, shop fronts, contained in the Wits Shop Premises;
9.20.2.2 any sign, awning, canopy, decoration, lettering, advertising matter or other thing as may be approved by the University; (and on expiry or termination of this Agreement remove any such sign, awning, canopy, decoration, lettering, advertising matter and restore the Wits Shop Premises to the same good condition as it was before the erection of such sign, awning, canopy, decoration, lettering, advertising matter);
9.20.2.3 all wiring, lamps and fittings for electric light and power as well as all pipes and fittings for the supply of water and sewerage to the Wits Shop Premises which are situated in the Wits Shop Premises and which serve the Wits Shop Premises exclusively. The Service Provider will, however, also be responsible to repair all similar equipment which is situated on the Precincts and which does not serve the Wits Shop Premises exclusively if the University can prove that the Service Provider or its Personnel, invitees or guests were responsible for any damage thereto;
9.20.2.4 ensure that the decor of the Wits Shop Premises is maintained at a level which is in keeping with the standards of the University’s requirements;
9.20.2.5 ensure that all the Wits Shop Premises are maintained in accordance with good housekeeping principles, are used exclusively for purposes of performing its obligations under the Agreement, and are available for inspection at all times;
9.20.2.6 promptly repair or make good all damage occurring in the Wits Shop Premises from time to time during the Agreement, whatever the cause of such damage, including damage to any part of the interior or exterior of the Wits Shop Premises or to any window, door, appurtenance, fixture or fitting, shop fronts and replace all such items (as well as any keys) which have been broken, lost or destroyed (again regardless of cause);
9.20.2.7 on the termination of this Agreement, return the Wits Shop Premises and all such parts thereof (including all keys) to the University in good order, condition and repair, ordinary fair wear and tear and damage by fire and casualty excepted.
9.20.2.8 if the Service Provider employs the services of a contractor who is not registered as a vendor with the University, including: the interior surfaces Service Provider must ensure that the services of the ceilingscontractor are fit for the intended purpose;
9.20.2.9 all work performed by the contractor complies with the University’s requirements. All liability for repairs will be borne by the Service Provider.
9.20.2.10 If the Service Provider notifies the University in writing within 7 (seven) days after having taken possession of the Wits Shop Premises of the need for any repairs to or in the Wits Shop Premises or of the fact that any part of the Wits Shop Premises , walls and floors; all doors and interior windows; furnishings installed within including any lock, key, door, window, appurtenance, fixture or fitting, is damaged, missing, or out of order, the Premises; all equipment installed by University will promptly cause the necessary repair or replacement to be effected at the expense of Tenant; University’s own expense. If or in so far as the Service Provider does not give such notice, the Service Provider is deemed to have acknowledged that the Wits Shop Premises and all plumbingparts thereof were intact, heatingin place, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required when the Service Provider took possession of the Wits Shop Premises under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such workAgreement.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. 9.20.2.11 The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.Service Provider must:
Appears in 1 contract
Sources: Integrated Retail Management and Brand Licensing Agreement
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above From and Paragraph 8A(3) below as being Landlord's obligationafter the commencement of and during the Term, the Tenant shall, at Tenant's sole its own cost and expense: (i) make interior non-structural repairs, maintain replacements and renewals necessary to keep the Premises in as good condition, order and repair as the same are at the commencement of the Term or thereafter may be put, reasonable wear and use and damage by fire or other casualty only excepted (it being understood, however, that the foregoing exception for reasonable wear and use shall not relieve the Tenant from the obligation to keep the Premises in good order, condition repair and repaircondition), ordinary wear (ii) subject to the provisions of Paragraph 14 hereof, make all other repairs, replacements and tear and damage by fire and casualty excepted, including: renewals which are required due to the interior surfaces negligence or misconduct of the ceilingsTenant, walls and floors; (iii) keep and maintain all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense portions of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good ordera clean and orderly condition, condition free of accumulation of dirt, rubbish, and repair as required under this Leaseother debris. From and after the commencement of and during the Term, the Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord(1) make all necessary repairs, replacements and diligently prosecute it to completionrenewals, then Landlord shall have the rightinterior and exterior, but shall not be obligatedstructural and non-structural, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3a) Landlord will maintain, repair and replace all structural components of the Premises and keep the roof of the BuildingBuilding free of leaks and maintain the foundation, floor slabs and other structural supports of the Building in good and sound condition, maintenance and repairs occasioned by the acts or negligence of the Tenant or its agents excepted, unless such acts or negligence are covered by the release provided in Paragraph 7 hereof, and if a repair(b) keep the Building and all hallways, replacement stairways, elevators, lobby plazas, and other Building common areas, as well as all electrical, mechanical, heating, ventilating and air conditioning, plumbing and other building systems and the parking areas, sprinklers and other improvements on the Property in as good condition, order and repair as the same are at the commencement of the Term or alteration thereafter may be put, damage by fire or other change would be considered a capital improvement or replacement casualty only excepted; (2) keep all driveways, walkways, parking areas and other improvements on the Property free of snow and sanded as appropriate, and keep all lawns and landscaped areas of the Property watered, fertilized and neatly trimmed; and (3) provide extermination and pest control services to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasewhen necessary.
Appears in 1 contract
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above 6.1 CPC shall maintain and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises keep in good orderrepair and condition all buildings in the Access Area, including the loading docks, in compliance with law and to the same standard of repair as applicable to Best Foods' manufacturing facilities.
6.2 CPI shall maintain and keep in good repair and condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces all outside areas of the ceilingsProperty including the Access Area, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within buildings on the PremisesProperty not subject to Section 6.1 above.
(2) In 6.3 For those maintenance and repair obligations for Building No. 44 that are common or applicable to the event that Tenant fails entire building, CPI and CPC shall agree in writing as to the standard of repair and maintenance and the allocation of costs thereof.
6.4 CPI shall maintain the Premises and keep in good orderrepair CPI's utility systems providing CPC with electricity, condition instrument air, water (process and potable), steam, natural gas, sewer and fire suppression in accordance with Exhibit B hereof.
6.5 CPC shall maintain and keep in good repair as those portions of CPI's utility systems to the extent set forth in Exhibit B hereof.
6.6 CPI and CPC shall provide each other written notification of any perceived maintenance need for any item for which either party is responsible.
6.7 CPC shall maintain and keep in good repair all Packaging Equipment. CPC shall operate all Packaging Equipment consistent with the pollution control devices or pre-treatment equipment and/or any permits, licenses or registrations for the Access Area which CPI is responsible for maintaining. CPC shall shut down all or part of the Packaging Equipment if such shutdown is required under this Lease, Landlord shall give Tenant prior written notice to do by law or if such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are shutdown is reasonably required to avoid non-compliance with the law. The parties shall cooperate with each other in scheduling shutdowns required for repair or maintenance of pollution control devices or pre-treatment equipment. CPI shall perform such worksaid repair or maintenance as expediently as possible so as to minimize the interruption to CPC's Access Activities. Landlord CPC shall have no liability be liable to Tenant CPI for any reasonable damagedamages caused to pollution control devices or pre-treatment equipment due to violation of any said permits, inconvenience licenses or interference with Tenantregistrations or resulting from CPC's use willful or negligent breach of the Premises as a result of performing any such workthis Paragraph 6.
(3) Landlord will maintain, repair and replace 6.8 CPC shall be responsible for notifying all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement personnel with access to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvementAccess Area, including the Building) employees of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable lawsCPI or third parties, ordinances, regulations and rules of any public authority relating known hazards in the Access Area, whether those hazards were caused, directly or indirectly, by CPC, by CPI, or by a third party. CPC shall take all reasonable steps to protect any such personnel from injury in the Access Area, including but not limited to the Premisesprompt correction or repair of any potentially hazardous or dangerous situation for which it has maintenance responsibilities under this paragraph. CPC shall take all necessary precautions to prevent the occurrence of any injury to persons or damage to property due to the Access Activities, except to the extent that any such injury or damage is due to the foregoing are solely a result negligent or willful acts of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations CPI.
6.9 The maintenance obligations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything costs thereof set forth in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant Section 6 shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair duplicate those obligations and costs set forth in question is one which Tenant is obligated to furnish under the provisions of this LeaseExhibit D hereto.
Appears in 1 contract
Maintenance and Repairs. (1) 8.1 Except for matters specified under Paragraph 4 above as otherwise provided in this Lease, including, Section 8.2, Article 17 and Paragraph 8A(3) below as being Landlord's obligationArticle 18, Tenant shallTenant, at Tenant's sole cost and expense, maintain shall promptly make all repairs and replacements, and perform all maintenance, in and to the Premises to keep the Premises in good order, operating condition and repair, ordinary wear in a clean, safe and tear tenantable condition, well-ventilated and damage by fire moisture controlled, and casualty exceptedotherwise in accordance with the requirements of this Lease. Tenant shall likewise maintain all fixtures, including: the interior surfaces of the ceilingsfurnishings and equipment located in, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbingexclusively serving, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as make all required under this Lease, Landlord repairs and replacements thereto. Tenant shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will also maintain, repair and replace all structural components replace, at Tenant's sole cost and expense, the Tenant Items and shall keep in force customary maintenance and service contracts therefor. Tenant shall give Landlord prompt written notice of any material defects or damage to the structure of, or equipment or fixtures constituting a Building Structure and System in, the Building or any part thereof, or any mold or moisture condition, of which Tenant has knowledge. Tenant shall suffer no physical waste or injury to any part of the Premises Premises, and shall, at the roof expiration or earlier termination of the BuildingLease Term, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to surrender the Premises under generally accepted accounting principlesin an order and condition equal to or better than that on the Lease Commencement Date, then it shall be except for ordinary wear and tear, casualty, condemnation, repairs and replacements which are Landlord's responsibility hereunder, Alterations and Landlord's Work that Tenant is permitted to promptly make surrender, and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share Hazardous Materials (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of introduced by Tenant or Tenant's use Agents in violation of this Lease). Except as otherwise provided in this Lease, all injury, breakage and damage to the Premises and to any other part of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of Building or the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease Land to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) extent caused directly or indirectly by any act or omission of Tenant or any Agent of Tenant, shall be repaired by and at Tenant's expense, except that if either an emergency condition exists or the Lease Term has expired or Tenant fails to commence and diligently prosecute to completion repair of any such injury, breakage or damage within a reasonable period (not to exceed thirty (30) days) following Tenant's receipt of written notice from Landlord, then Landlord shall have the right at Landlord's option to make any such repair and to charge Tenant for all reasonable out-of pocket costs and reasonable out-of-pocket expenses incurred in connection therewith. Landlord shall provide and install replacement tubes for Building standard fluorescent light fixtures (subject to reimbursement pursuant to Article V). All other bulbs and tubes for the Premises shall be provided and installed at Tenant's expense; provided that if Tenant elects to supply the bulbs or tubes to Landlord, then Landlord shall provide the labor involved for such replacement at no cost to Tenant.
8.2 Except as otherwise provided in this Lease and subject to normal wear and tear, Landlord at its expense (subject to reimbursement pursuant to Article V if and to the extent permitted thereby) shall keep the Building Structure and Systems, including (a) the structural portions of the Building, (b) the exterior walls of the Building, including, without limitation, glass and glazing, (c) the roof (including the roof membrane), (d) mechanical, electrical, plumbing and life safety systems, and (e) Common Areas in clean and in good operating condition consistent with similar Class – A office buildings in the Las Colinas submarket (including, without limitation, to prune and, subject to obtaining the approval of the Las Colinas Association, remove if necessary, the trees directly in front of the Building, such that the view of Tenant's servantssignage is not obstructed), employeesand, agentspromptly after becoming aware of any item needing repair or replacement, contractorswill make such repair or replacement, visitors and shall otherwise maintain the Building Structure and Systems in material compliance with all Laws. Landlord shall deliver the Premises on the Lease Commencement Date with the Building Structure and Systems in good working order and condition, with the Building free from leaks, but otherwise in "as is" condition, except as otherwise expressly provided in this Lease and Exhibit B; provided, however, that the Building shall be in material compliance with all Laws as of the Lease Commencement Date, including the Americans with Disabilities Act; and provided further that, in the event it is later discovered that the Building was not in material compliance with all Laws as of the Lease Commencement Date, Landlord, at its sole cost and expense, shall be responsible for restoring such compliance. Tenant's acceptance of the Premises shall not be deemed a waiver of Tenant's rights to have defects in the Building Structure and Systems that exist on the Lease Commencement Date repaired by Landlord at its sole cost and expense. Tenant shall give notice to Landlord whenever any defect in the Building Structure or licenseesSystems becomes reasonably apparent, and Landlord shall repair such defect as soon as practicable at Landlord's sole cost and expense (and not as an Operating Charge). Notwithstanding any of the foregoing to the contrary: (i) maintenance and repair of all Tenant Items shall be the sole responsibility of Tenant and shall be deemed not to be a part of the Building Structure and Systems; and (ii) where Landlord shall have no obligation to make any repairs whatsoever to the extent caused by any act or omission of Tenant makes or any Tenant Agent. In the event that Tenant elects to use the existing lobby entry doors for the Building, Landlord shall perform, at its sole cost and expense (and not as an Operating Charge and not as a decorationcost for which the Allowance may be used), alterationany alterations, improvement replacements or addition which directly causes improvements required to cause such unusabilitydoors to be in material compliance with all Laws as of the Lease Commencement Date. In addition, and notwithstanding anything to the contrary in this Lease, Landlord shall perform and construct (subject to inclusion of any costs therefor being included in Operating Charges, if permitted), and Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (w) necessitated by the acts or omissions of Landlord, Landlord's Agents any other occupant of the Project, or their respective agents, employees or contractors, (iiix) where for which Landlord has a right of reimbursement from others, (y) to the repair structural portions of the Premises, including foundations and areas beneath foundations and to any Common Areas of the Project exterior to the Building and (z) which are treated as a "capital expenditure" under generally accepted accounting principles.
8.3 To the best of Landlord's actual knowledge, the Premises will be in question is one which material compliance with all Laws (including, without limitation, the ADA) as of the Lease Commencement Date. During the Lease Term, Landlord shall ensure that the Common Areas shall remain in material compliance with all Laws and life safety requirements and will indemnify Tenant is obligated against any damages or loss due to furnish under non-compliance of the Common Areas with any Laws; provided, however, Landlord shall be permitted to pass through any costs of compliance as Operating Charges in accordance with and subject to the provisions of this Lease.
Appears in 1 contract
Sources: Office Lease Agreement (Alliance Data Systems Corp)
Maintenance and Repairs. Tenant shall throughout the term of this lease, take good care of the demised premises and the fixtures and appurtenances therein. Tenant shall be responsible for all damage or injury to the demised premises or any other part of the building of the building and the systems and the equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting form carelessness, omission, neglect or improper conduct of Tenant. Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for our supplied to Tenant or any subtenant or arising out of the installation use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repeal all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture's and equipment. Tenant shall promptly make at Tenants expense all repairs in and to the demised premises for which Tenant is responsible using only the contractor for the per trade submitted by owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenants is responsible shall be performed by Owner at the Tenant's expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of its demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (1to the extent such systems presently exist) Except serving the demised premises. Tenant agrees to give prompt notice of any detective condition in the premises for matters specified under Paragraph which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising form Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the failure of Owner to comply with covenant of this or any other article of this be by way of an action for damages for breach of contract. The provisions of this Article 4 above shall not apply in the case of fire or other casualty, which are dealt with in Article 9 hereof. WINDOW CLEANING: 5. Tenant will not clean nor require, permit, suffer or allow any window in the demised premises to be cleaned form the outside in violation of Section 202 of the Labor Law or any other applicable law or of the Rules of the Board of Standards and Paragraph 8A(3) below as being Landlord's obligationAppeals, or of any other Board or body having or asserting jurisdiction. REQUIREMENTS OF LAW, FIRE INSURANCE, FLOOR LOADS: 6. Prior to the commencement of the lease term if Tenant shallis then in possession and at all times thereafter, Tenant, at Tenant's sole cost and expense, maintain the Premises in good ordershall promptly comply will all present and future laws, condition orders and repairregulations of all state, ordinary wear federal, municipal and tear local governments, departments, commissions and damage by fire boards and casualty exceptedany direction of any public officer pursuant to law, including: the interior surfaces and all orders rules and regulations of the ceilingsNew York Board of Fire Underwriters, walls and floors; all doors and interior windows; furnishings installed within Insurance Services Office, or any similar body which shall impose any violation, order or duty upon Owner or Tenant with respect to the Premises; all equipment installed by demised premises, whether or at the expense not arising out of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use or manner of use thereof, (including Tenant's permitted use) or with respect to the building if arising out of Tenant's use or manner of use of the Premises as a result premises or the building (including the use permitted under the lease). Nothing herein shall require Tenant to make structural repairs or alterations unless Tenant has, by its manner of performing use of the demised premises or method of operation therein, violated any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, orders, rules, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premisesor requirements with respect thereto. Tenant shall do may, after securing Owner to Owner's satisfaction against all acts required damages, interest, penalties and expenses including but not limited to, reasonable attorney's fees, by cash deposit or by surely bond in an amount and in a company satisfactory to comply with all applicable Owner, contest and appeal any such laws, ordinances, regulations orders, rules, regulations, or requirements provided same is done with all reasonable promptness and rules provided such appeal shall not be subject Owner to prosecution for a criminal offense or constitute a default under any lease or mortgage under which Owner may be obligated, or cause the demised premises or any part thereof to be condemned or vacated. Tenant shall nor do or permit any act or thing to be done in or to the demised premises which is contrary law, or which will invalidate or be in conflict with public liability, fire or other policies of insurance at any public time carried by or for the benefit of Owner with respect to demised premises or the building of which the demised premises for a part, or which shall or might subject Owner to any liability or responsibility to any person or for property damage. Tenant shall knot keep anything in the demised premises except as not or hereafter permitted by the Fire Department, Board of Fire Underwriters, Fire Insurance Rating Organization or other authority relating solely having jurisdiction, and then only in such manner which will increase the insurance rate for the building or any property located therein over that in effect prior to Tenant's use of the Premises. If a repair is required as a result commandment of Tenant's negligence occupancy. Tenant shall pay all costs, expenses, fines, penalties, or damages which may be imposed upon Owner by reason of Tenant's failure to comply with the provisions of this article and such repair cost is not covered if by insurance proceeds, Tenant will pay for the cost reason of such repair. Notwithstanding anything in failure to comply with provisions of this Lease to article and if by reason of such failure the contraryfire insurance rate shall at the beginning of this lease or at any time thereafter, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more be higher than three consecutive business daysit otherwise would be, then Tenant shall reimburse Owner, as additional rent hereunder for that portion of all fire insurance premiums thereafter paid by owner which shall have been charged because of such failure by Tenant. In action or proceeding wherein Owner and Tenant are parties a schedule or "make-up" of rate for the building or demised premises issued by the New York Fire Insurance Exchange, or other body making fire insurance rates applicable to said premises shall be entitled conclusively evidence of the facts therein stated and of the several items and charges in the fire insurance's rates then applicable to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that said premises. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which it was designed to carry and which is allowed by law Owner reserves the right to prescribe the weight and position of all safes business machines and mechanical equipment. Such installations shall be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly placed and maintained by any act or omission of Tenant or any of Tenant, at Tenant's servantsexpense, employeesin setting sufficient in Owner's judgment, agentsto absorb and prevent vibration, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasenoise and annoyance.
Appears in 1 contract
Sources: Office Lease (Dominix Inc)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above 8.1 Landlord shall maintain all structural portions of the Leased Premises and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises Building in good order, first-class condition and repair, ordinary repair (reasonable wear and tear and damage by fire obsolescence excepted). Landlord shall make any necessary repairs and casualty excepted, including: the interior surfaces replacements to any structural portion of the ceilingsLeased Premises arising from Tenant’s reasonable use thereof. Landlord’s obligation to maintain and repair the structural portions of the Leased Premises shall be limited to the following:
A. The foundations, walls bearing and floorsexterior walls, subflooring and roof of all portions of the Leased Premises; and
B. The electrical, plumbing, natural gas, and sewage systems leading to the Leased Premises.
8.2 Except as otherwise provided herein, Tenant shall keep all doors non-structural portions of the Building which Landlord is not obligated to repair or maintain in good repair. In addition to the foregoing, Tenant shall maintain and interior windows; furnishings installed repair:
A. Gutters and downspouts on the Building and other improvements that are a part of the Leased Premises;
B. Heating, ventilating, elevator and air conditioning systems located within the Leased Premises;
C. All stairways, accessways, lobbies, entrances, stairs, elevators and any passageway located within the Building; all equipment installed by or and
D. The Parking Areas, including striping, security and lighting.
8.3 All repairs which Tenant is obligated to make under this Article shall be at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing repairs are solely a result of Tenant's use made necessary or useful because of the Premisesnegligence or willful misconduct of Landlord, its agents or employees. Upon the expiration of the Term hereof, Tenant shall do all acts required surrender the Leased Premises to comply with all applicable lawsLandlord in a state of good repair, ordinancesreasonable wear and tear, regulations obsolescence and rules damage by fire, act of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs God or the making of repairs (elements, or both) damage which is caused by Landlord or which Landlord is obligated required to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent repair under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions terms of this Lease, excepted.
Appears in 1 contract
Maintenance and Repairs. (1) Landlord shall maintain the Building, and all other portions of the Building Complex not the obligation of Tenant or any other tenant in the Building, in good order, condition and repair.
(2) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationservices furnished by Landlord pursuant to Section 6 hereof, Tenant shall, at Tenant's ’s sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, includingincluding without limitation: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilatingplumbing pipes, electrical fixtures, furnishings and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premisesequipment.
(23) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Leaserepair, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written promptly upon demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligatedrequired, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's ’s use of the Premises as a result of performing any such work.
(34) Tenant, at Tenant’s expense shall comply with all laws, rules, orders, ordinances, directions, regulations, and requirements of federal, state, county and municipal authorities, now in force or which may hereafter be in force, which shall impose any duty upon Landlord will maintainor Tenant with respect to the use, repair occupancy or alteration of the Premises.
(5) Tenant shall leave the Premises at the end of each Business Day in a reasonably tidy condition for the purpose of allowing the performance of the Landlord’s cleaning services hereinafter described.
(6) Tenant shall pay on demand the cost of replacement with identical quality, size and replace all structural components characteristics of glass broken on the Premises, including outside windows and doors of the perimeter of the Premises and (including perimeter windows in the roof exterior walls) during the continuance of this Lease, unless the glass shall be broken by Landlord, its servants, employees or agents acting on its behalf.
(7) If the Building, and if a repair, replacement the Premises or alteration or other change would be considered a capital improvement or replacement any portion thereof including but not limited to the Premises under generally accepted accounting principleselevators, then it shall be Landlord's responsibility to promptly make boilers, engines, pipes and pay for such repairother apparatus, replacement, alteration or other change. The cost members of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage elements of the Building (or any of them) used for the purpose of climate control of the Building or operating the elevators, or if the water pipes, drainage pipes, electric lighting or other equipment of the Building or the roof or outside walls of the Building or parking facilities of Landlord and also the Premises improvements including but not limited to the carpet, wall covering, doors and woodwork, become damaged or are destroyed through the negligence, carelessness or misuse of the Tenant, its servants, agents, employees or anyone permitted by Tenant to be in the Building Complex, or through it or them, then the cost of the necessary repairs, replacements or alterations shall be borne by the square footage of all buildings benefitted by such improvement, including Tenant who shall forthwith pay the Building) of same on demand to the annual amortized amount. Such payment will be made by Tenant Landlord as set forth in Paragraph 4 aboveAdditional Rent. Landlord shall do all acts required have the exclusive right, but not the obligation, to comply with all applicable laws, ordinances, regulations and rules of make any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and repairs necessitated by such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasedamage.
Appears in 1 contract
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, Landlord shall have no obligation to make any repairs or maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces any portion of the ceilingsLeased Premises except for the roof and exterior walls which is the obligation of the condominium association, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbingprovided, heatinghowever, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In that in the event that Tenant fails of any damage to maintain any portion of the Leased Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain be maintained by Landlord or association is a result of the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordneglect, and diligently prosecute it to completionnegligence or fault of Lessee, its agents, servants, employees or invitees, then Landlord shall have the rightright to charge Lessee for all necessary repairs or replacements to be made by reason of such damage and to collect the costs thereof in the same manner as rent. Lessee shall give Landlord notice in writing of any repairs required to be made by Landlord. Lessee accepts the Leased Premises in the condition "as is" on the commencement date of this Lease. Lessee agrees to keep the interior of the premises, but all windows, screens, awnings, doors, interior walls, pipes, machinery, plumbing, electric wiring, and other fixtures and interior appurtenances, in good and substantial repair and clean condition at Lessee's own expense, fire, windstorm or other Act of God alone excepted; if replacement shall not be obligatedrequired, to do such acts then Lessee, at Lessee's expense, shall replace the same with material and/or equipment of equal quality of that being replaced. All glass, both interior and expend such funds exterior, is at the sole risk of Lessee and Lessee agrees to replace at Lessee's own expense any glass broken during the term of Tenant as this Lease, and the Lessee agrees to insure and to keep insured all plate glass in the Leased Premises and to furnish the Landlord with certification of said insurance. It is hereby understood and agreed that all air-conditioning units and systems, including all duct work, are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use the property of the Landlord and shall remain on the Leased Premises as a result upon termination of performing any such work.
(3) Landlord will maintain, repair this Lease; and that the Lessee shall maintain and replace the same when needed during the term of this Lease; and that Lessee shall return said air conditioning units and systems to the Landlord at the termination of this Lease in good working order, reasonable wear and tear excepted. Lessee, at Lessee's own cost and expense, shall maintain all structural components portions of the Leased Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvementadjoining areas, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contraryparking areas, in the event that the need for repairs or the making a clean and orderly fashion, free of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business daysvermin, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provideddirt, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaserubbish and unlawful obstructions.
Appears in 1 contract
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above To Landlord’s knowledge, as of the Turnover Date and Paragraph 8A(3except as disclosed to Tenant in writing, all electrical, mechanical, plumbing, heating, ventilation and air conditioning systems will be in good working order, connected, and providing the services intended. If within ninety (90) below days following the Turnover Date Tenant discovers that any of the foregoing systems were not in good working order, connected and providing the services intended as being Landlord's obligationof the Turnover Date, Tenant shall provide written notice thereof to Landlord, and Landlord shall promptly commence and diligently prosecute to completion the repair or replacement of such systems. In addition, Landlord shall: (i) repair or replace when reasonably necessary, at Tenant's sole cost the roof of the Building (including without limitation the 1983 section of the roof), (ii) commence within three (3) months after the Turnover Date and expensediligently prosecute to completion the service of the rooftop HVAC units and mechanical room compressors, maintain including belt and filter replacement, so that each is in good working condition; (iii) on or before the Turnover Date, ensure that all restrooms are in good working condition; and (iv) within six (6) months after the Turnover Date, commence and diligently prosecute to completion the removal of all vegetation from, re-sealing and re-striping of all parking lots and re-painting of all automobile stops yellow. Except as otherwise expressly provided in this Section 9.2 and Sections 10.1, 20.6 and 20.17(d) hereof, Tenant accepts the Premises in good order, their “as is” condition and without warranty of any kind. During the Term, Landlord will maintain and repair (or replace, if necessary), at its sole cost (except as otherwise provided herein) the roof, load-bearing walls, and foundations of the Premises in a good condition and state of repair, except for casualty and repairs Tenant is obligated to make pursuant to Section 9.2(b). Tenant agrees to reasonably cooperate in the coordination and supervision of such maintenance and repairs and by Landlord. Landlord shall also be responsible for replacement and overlays of driveways and parking lots. Except as expressly required by this Section 9.2, Landlord shall not be required to furnish any services or facilities or to make any repairs or alterations of any kind in or on the Premises. Except for the repair and maintenance items specified in Section 9.2(a)(i), (ii), (iii) and (iv), it is an express condition precedent to all obligations of Landlord to repair, maintain or replace any portion of the Premises that Tenant notify Landlord in writing of the need for such maintenance, repair or replacement.
(b) The provisions of this Article IX are subject to the provisions of Article XII and Article XIII hereof. At all times during the Term of this Lease, Tenant shall keep and maintain all portions of the Premises in a good condition and state of repair, excepting only ordinary wear and tear tear, and damage by fire repairs and casualty exceptedreplacements Landlord is obligated to make pursuant to Section 9.2(a) hereof. Tenant shall make any and all additions to and all alterations and repairs in, including: on and about the Premises which may be required by, and shall otherwise observe and comply with, all public laws, ordinances and regulations from time to time applicable to the Premises. Except for the negligence or willful misconduct of Landlord and without limiting the generality of the foregoing, Tenant will (i) keep the interior surfaces and exterior of the ceilingsPremises, walls and floors; together with all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all electrical, plumbing, heating, ventilating, air-conditioning, and other mechanical systems and installations therein, and all nonload-bearing walls, in good order and repair, including normal and customary preventive maintenance, and, except as required of Landlord pursuant to Section 9.2(a) hereof, will make all replacements from time to time required at its expense, (ii) maintain the grounds around the Improvements, including the mowing of grass, care of shrubs and general landscaping, (iii) notwithstanding anything herein to the contrary, except for Landlord’s repair obligations and normal wear and tear, repair any damage to the roof, load bearing walls and foundations of the Premises, to the driveways and parking lots and to Building Systems (as defined below) caused or permitted by Tenant or its employees, invitees, contractors and agents and (iv) take no action to invalidate any warranty relating to the roof or any other portion of the Improvements. The cost of maintenance, repairs and replacements to be performed by Tenant pursuant to this Section 9.2(b) shall be borne by Tenant, except that with respect to the maintenance, repair and replacement of any plumbing, HVAC, mechanical, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located fire protection systems existing within the Premises.
Building as of the Turnover Date (2) In the event that Tenant fails to maintain the “Premises in good order, condition and repair as required under this LeaseSystems”), Landlord shall give Tenant prior written notice bear the costs thereof to do the extent such acts as are required costs exceed a cumulative total of $10,000.00 per Rental Year (“Tenant’s Annual Systems Cost”). Any portion of the Tenant’s Annual Systems Cost not expended during any Rental Year shall be carried over and added to so maintain the PremisesTenant’s Annual Systems Cost for subsequent Rental Years (such combined total being the “Tenant’s Total Systems Cost”). In the event that the cost of maintenance, repair and replacement of the Premises Systems in any Rental Year exceeds the then-current Tenant’s Total Systems Cost, Landlord shall promptly pay such excess (“Landlord’s Systems Cost”). At the end of each subsequent Rental Year, Tenant fails shall repay Landlord for such Landlord’s Systems Cost incurred, in an amount not to commence exceed the unexpended portion of the Tenant’s Total Systems Cost, if any, for such work subsequent Rental Year. Any such repayment by Tenant to Landlord of Landlord’s Systems Costs incurred shall be made within 30 fifteen (15) days after written demand by Landlordthe end of each subsequent Rental Year until the earlier of full repayment to Landlord or the expiration of the Term (or Renewal Term, if applicable). If the Term or any Renewal Term expires and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligatedfully reimbursed, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to further obligation for repayment of any remaining balance of Landlord’s Systems Costs. Tenant for and Landlord each acknowledge that any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintainindividual maintenance, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the of a Premises under generally accepted accounting principlesSystem, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease which is equal to the contraryor less than $500.00, shall not be included in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that $10,000.00 Tenant’s Annual System Costs. Tenant shall not be entitled to reimbursement from Landlord for maintenance, repair or replacement of a pro rata abatement Premises System unless such maintenance, repair or replacement is reasonably necessary and in accordance with prudent and reasonable commercial standards to maintain such systems in good working condition (“Qualified Maintenance”). For any maintenance, repair or replacement to any Premises Systems which Tenant intends to include in the $10,000.00 Tenant’s Annual System Costs, Tenant shall deliver to Landlord written notice thereof, together with a reasonably detailed description (or plans and specifications, if available) of rent such maintenance, repairs or replacements. Landlord shall have twenty (20) days following the date of receipt of such notice and description (or plans and specifications) to notify Tenant in writing whether Landlord agrees that the proposed maintenance, repair or replacement constitutes Qualified Maintenance. If Landlord fails to timely provide such notice, the improvements shall be deemed Qualified Maintenance. If Landlord timely objects to all or any portion of the maintenance, repair or replacement as being Qualified Maintenance (“Disapproval Notice”), and if Landlord and Tenant cannot agree within ten (10) days after receipt by Tenant of the Disapproval Notice regarding whether the improvements constitute Qualified Maintenance, Tenant shall be entitled, within ninety (90) days after the expiration of such (10) day period, to commence arbitration to determine whether the maintenance, repairs or replacement constitutes Qualified Maintenance. The arbitration shall be conducted under the foregoing due to unusability Commercial Arbitration Rules of the American Arbitration Association.
(ic) caused directly Tenant will surrender the Premises at the expiration of the Term or indirectly at such other time as it may vacate the Premises in as good condition as when received, excepting only ordinary wear and tear, damage by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant insured casualty and repairs and replacements Landlord is obligated to furnish make pursuant hereto. In the event Tenant fails to perform its maintenance and repair obligations as set forth in Section 9.2(b), Landlord may, but shall not be obligated to, after providing Tenant with thirty (30) days written notice and the right to cure, do so and the cost of same shall be Additional Rental payable to Landlord within thirty (30) days following demand therefor.
(d) Within thirty (30) days following receipt of notice from Tenant to Landlord under Section 9.2(a) that maintenance or repair by Landlord is required, Landlord shall either commence the maintenance, repair or replacement or shall notify Tenant of Landlord’s objections thereto (“Objection Notice”). If Tenant disagrees with Landlord’s objections, Tenant shall notify Landlord in writing within ten (10) days after receipt of Landlord’s objections (“Disagreement Notice”). If Tenant shall fail to timely provide the Disagreement Notice, Landlord shall not be obligated to perform any of the repair, maintenance or replacement items objected to by Landlord and all such maintenance, repair, or replacement items shall be performed by Tenant at Tenant’s cost. If Tenant timely provides the Disagreement Notice and if Tenant and Landlord cannot resolve any such disagreement within fifteen (15) days after receipt by Landlord of Tenant’s Disagreement Notice (“Resolution Period”), Tenant shall be entitled, within fifteen (15) days after the Resolution Period, to commence arbitration to determine whether Landlord is obligated to perform such maintenance, repair or replacement under the provisions terms of this Lease. The arbitration shall be conducted under the commercial arbitration rules of the American Arbitration Association. If the arbitrator shall determine that Landlord is obligated under the Lease to perform such maintenance, repairs or replacement, Landlord at Landlord’s cost shall promptly commence and diligently prosecute to completion any maintenance, repairs or replacement determined by the arbitrator to be the responsibility of Landlord. Any maintenance, repairs or replacement determined by the arbitrator not to be the responsibility of Landlord under this Lease shall be promptly commenced and diligently prosecuted to completion by Tenant, the cost of which shall be paid by Tenant. If the arbitrator shall determine that all or a portion of the maintenance, repairs or replacement is to be performed by Landlord and Landlord shall fail to perform such maintenance, repairs or replacement as required herein, Tenant shall be entitled to perform such maintenance, repairs or replacement and Landlord shall be obligated to pay Tenant’s reasonable out-of-pocket costs of such maintenance, repairs or replacement within thirty (30) after receipt of an invoice therefore. Failure of Landlord to reimburse Tenant within such thirty (30) day period shall entitle Tenant to withhold all future Rental coming due until the cost of such maintenance, repairs or placement shall be paid in full, together with interest at the Default Rate from the date of expenditure. Notwithstanding anything to the contrary herein, in the event the need for such maintenance, repairs or replacement constitutes an imminent threat of harm to persons or damage to property, then Tenant may perform the same if Landlord has not commenced and diligently prosecuted to completion such maintenance, repair or replacement in time to prevent to such harm or damage. Thereafter, if Tenant believes such maintenance, repairs or replacement is the responsibility of Landlord, Tenant shall so notify Landlord, and the objection, arbitration and setoff provisions provided for above shall apply.
Appears in 1 contract
Sources: Lease Agreement (Boston Gear LLC)
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above Landlord makes no representations and Paragraph 8A(3) below as being Landlord's obligation, provides no warranties of fitness to Tenant shallof the condition of the Premises nor of any systems in the Premises. Tenant accepts the premises in its current AS IS condition and Tenant acknowledges that ▇▇▇▇▇▇ has inspected the Premises and accepts the Premises in its current AS IS condition. Tenant, at Tenant's Tenants sole cost and expense, maintain shall make repairs necessary, if any, but subject to prior approval of same by Landlord. Landlord shall not be obligated to perform any routine maintenance to the Premises HVAC system, which maintenance shall remain the obligation of Tenant as set forth below, and in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: no event shall Landlord have any obligation to perform any repairs or replacements to the interior surfaces HVAC system arising as a result of the ceilings, walls and floors; all doors and interior windows; furnishings installed within acts or omissions of Tenant (including any failure of Tenant to perform Tenant’s required maintenance of the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair HVAC system as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premisesset forth below). In the event that the compressor which is a part of the air conditioning system is replaced during that time period, then in such event Landlord shall assign all warranties to Tenant fails to commence such work within 30 days and shall not be responsible for the maintenance of the HVAC system
(b) At its expense, Tenant shall maintain, repair and replace in good condition and repair all structural and non-structural portions of the Premises, including, without limitation, the foundation and interior walls of the Premises, and the mechanical systems, HVAC systems, plumbing and electrical systems serving the Premises. If, after written demand by notice from Landlord, and diligently prosecute it ▇▇▇▇▇▇ fails or refuses to completionmake any repairs or provide any maintenance required of Tenant under this Lease, then Landlord shall have the rightLandlord, may, but shall not be obligatedobligated to, make or cause the repairs to do such acts be made or maintenance to be provide, and expend such funds at Tenant shall pay the expense of full cost to Landlord upon demand as additional rent. Tenant as are reasonably required to perform such work. shall keep in full force and effect a contract with a reputable heating contractor approved in advance in writing by Landlord shall have no liability to Tenant for any reasonable damagenot less than the semiannual inspection, inconvenience or interference with Tenant's use maintenance and repair of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to HVAC system serving the Premises, except including oiling, filter changes, required compliance with any environmental laws, rules, regulations, ordinances with respect to the extent that the foregoing are solely a result of Tenant's use of the Premisessuch systems, and similar maintenance and minor repair procedures. Tenant shall do all acts required furnish a current copy of said contract to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of landlord during the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions entire term of this Lease.
(c) Except as otherwise expressly provided in this Lease, Tenant acknowledges that Landlord shall not be required to improve the Premises, and ▇▇▇▇▇▇ accepts the Premises “AS IS,” “WHERE IS” and “WITH ALL FAULTS” and agrees that neither Landlord nor any of its agents or employees have made any other representations or warranties, either written or oral, express or implied, with respect to the condition, suitability, state of repair or zoning of the premises.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. Landlord shall keep the foundation, the exterior walls, (1) Except except glass: windows; doors; door closure devices; window and door frames, molding and hardware; and interior painting or other treatment of exterior walls), and the roof of the leased premises in good repair except that the Landlord shall not be required to make any repairs occasioned by the act or negligence of Tenant, its employees, subtenants, licenses, and concessionaires. Tenant is responsible for matters specified under Paragraph 4 above the maintenance of the common area and Paragraph 8A(3) below as being Landlord's obligationcommon area equipment. If Landlord is responsible for any such repair and maintenance, Tenant shallagrees to give Landlord written notice of needed repairs. Landlord shall make such repairs within ten (10) days. Tenant shall notify Landlord immediately of any emergency repairs. Tenant shall keep the leased premises in good, clean condition and shall at Tenant's its sole cost and expenseexpense make all needed repairs and replacements, maintain the Premises in good orderincluding replacement of cracked or broken glass, condition except for repairs and repair, ordinary wear and tear and damage replacements required to be made by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required Landlord under this Lease, Landlord shall give Tenant prior written notice to do such acts as are section. If any repairs required to so maintain the Premises. In the event that be made by Tenant fails to commence such work hereunder are not made within 30 ten (10) days after written demand notice delivered to Tenant by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do may at its option make such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no repairs without liability to Tenant for any reasonable damage, inconvenience loss or interference with Tenant's use damage which may result by reason of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Buildingrepairs, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required pay to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required Landlord upon demand as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for additional rent hereunder the cost of such repairrepairs plus interest. Notwithstanding anything in At the termination of this Lease to the contrarylease, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with deliver the fourth business day that the same are unusable; providedleased premises in good order and condition, howevernormal wear and tear excepted. Normal wear and tear means deterioration which occurs without negligence, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly carelessness, accident or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseabuse.
Appears in 1 contract
Sources: Commercial Lease (Auto Underwriters of America, Inc.)
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's its sole cost and expense, shall maintain the Campus (except as expressly provided in Section 7(b) below) in a good and clean condition consistent with past practice and in substantially the same condition as of the Effective Date. Landlord shall promptly make all repairs, maintenance and replacements necessary to so maintain the Campus, including without limitation the Common Areas, heating, ventilation and air-conditioning systems and all other mechanical, electrical, and plumbing facilities and equipment serving the Buildings and Campus, exterior walls, roof, foundation, plumbing and wiring in the Buildings, all structure of the Buildings, windows, lobbies and entrances, drive lanes, sidewalks, landscaping, parking areas and all other parts of the Campus and the Buildings other than the Premises. All maintenance and repairs shall be performed in a good and workmanlike manner to a standard not less than the condition of the Premises as of the Effective Date.
(b) Except for systems that service other parts of Building 10, Building 20 or the Campus, as applicable, and except for all components and portions of the Building 10, Building 20 and the Campus that Landlord is required to maintain, repair or replace pursuant to this Lease, Tenant, at its sole cost and expense, shall maintain the Premises consistent with past practice and in good order, substantially the same condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces as of the ceilingsEffective Date, walls and floors; make all doors repairs and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required replacements necessary to so maintain the Premises, reasonable wear and tear and casualty excepted (the “Maintenance and Repair Standard”). In the event that If Tenant fails to commence such work necessary maintenance or repairs to the Premises within 30 days after ten (10) days’ written demand by Landlord, notice from Landlord and diligently prosecute it to completiontheir completion in a diligent manner, then Landlord shall have may enter the right, but shall not be obligated, to do such acts Premises and expend such funds at the expense of Tenant as are reasonably required to perform such workrepair and maintenance on behalf of Tenant. Landlord Upon completion thereof, Tenant shall have no liability to Tenant pay Landlord’s costs for any reasonable damagemaking such repairs plus ten percent (10%) for overhead, inconvenience or interference with Tenant's use upon presentation of the Premises as a result of performing any such workan invoice therefor.
(3c) In the event of a dispute under this Section 7, such dispute shall be settled by arbitration conducted by a single arbitrator mutually acceptable to Landlord will maintainand Tenant in St. Louis, repair and replace all structural components Missouri in accordance with the then-existing Rules of Arbitration of the Premises and International Chamber of Commerce. If the roof parties fail to agree on the selection of an arbitrator within thirty (30) days of the Buildingreceipt of the request for arbitration, and if the parties shall request the International Chamber of Commerce to make the appointment. The arbitrator shall be a repair, replacement or alteration or other change would be considered a capital improvement or replacement lawyer admitted to the Premises practice of law in the State of Missouri. All other terms of and performance under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by continue if reasonably possible during any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasearbitration proceedings.
Appears in 1 contract
Maintenance and Repairs. (1A) Lessee shall keep the leased premises in good condition, reasonable wear and tear excepted, and shall, in the use and occupancy of the leased premises, conform to all laws, orders and regulations of the Federal, State and Municipal governments, or any of their departments, and regulations of the New York Board of Fire Underwriters, applicable to the Premises. Lessee shall not be required to perform any maintenance, repairs or replacements necessitated by the negligence of Lessor, its servants, agents, or employees, or structural defects or deficiencies in any building, or by fire, or other casualty.
B) Except for matters specified under Paragraph 4 such maintenance, repairs, and replacements as are required by (A) above and Paragraph 8A(3) below as being Landlord's obligationto be made by Lessee, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; Lessor shall perform any and all plumbingstructural alterations, heatingmaintenance, ventilating, electrical repairs and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails equipment replacements which may be necessary to maintain the Premises in good, safe and tenantable condition.
C) Lessee shall permit the Lessor to erect, use and maintain pipes and conduits in and through the leased premises, provided the same are installed and concealed behind walls and ceiling of the leased premises and it does not result in any noticeable loss of lessee's space. All work necessary in connection with the foregoing shall to the extent possible, be done outside of Lessee's regular business hours. The Lessor or its agents shall have the right to enter the leased premises to make such repairs or alterations as the lessor reasonably deems desirable for the proper operation of the Premises and shall have the right to center the leased premises at any time on reasonable advance notice to Lessee to examine them or when necessary for the protection of the leased premises or the Premises. The Lessor, provided it proceeds with due diligence, shall be allowed to take all material into and upon the leased premises that may be required for such repairs or in part and without any abatement or diminution of rent. In the making of such repairs or alterations, the Lessor, to the extent practicable and consistent with efficiency and economy, shall exercise reasonable diligence so as to minimize the disturbance of or interference with the business of Lessee. Nothing herein contained, however, shall be deemed or construed to impose upon the Lessor any obligation, responsibility or liability whatsoever for the care, supervision, or repair of the Premises or any part thereof, other than as herein provided. The Lessor shall also have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Lessee, therefore, to change the arrangement or location of entrances or passageways, doors and doorways and corridors, stairs, toilets, or other public parts of the Premises, provided that no changes shall be made without Lessee's consent where such changes would adversely affect Lessee's ingress and egress to and from the leased premises from the street floor or from the lobby of the Premises or from the hallway or lobby of the premises.
D) Lessee shall at all times during the term of this lease, and any extensions thereof, permit inspection of the leased premises during business hours, by the Lessor and its agents or representatives, or by or on behalf of prospective lessees. Except in the case of emergency, any such inspection will be done on at least twenty-four hours notice. Such inspection will be done in a manner so as not to unreasonably interfere with Lessee in the conduct of its business.
E) Damages resulting from any act of the Lessee or its employees, contractors, agents, licensees or invitee shall be repaired by the Lessee, if repaired by the Lessor, all costs shall be charged to the account of the Lessee.
F) All repairs or replacements by Lessee or Lessor shall be of first quality and one in good orderand workmanlike manner. If Lessee is charged with making such repairs, condition restorations and repair as required under this Leasereplacements, Landlord shall give Tenant prior written notice the contractor chosen by Lessee to do such acts as are required repairs, restorations or replacements shall be subject to so maintain the Premises. In the event that Tenant fails Lessor's approval and further, if Lessee shall fail within 15 days' written request from lessor to commence the making of such repairs, restorations and replacements and complete the work within 30 days after written demand with reasonable diligence, they may be made and completed by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds Lessor by at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such workLessee.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Security Intelligence Technologies Inc)
Maintenance and Repairs. (1) Except ▇▇▇▇▇▇ shall be responsible for matters specified under Paragraph 4 above all repairs, maintenance and Paragraph 8A(3) below replacement of the Leased Premises, including but not limited to emergency repairs of any kind, as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain necessary to keep the Leased Premises in good order, condition and repair, ordinary wear safe and tear in compliance with applicable fire, health, building and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenantother life safety codes; and all plumbing, heating, ventilating, electrical repairs and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within maintenance needed to keep the Premises.
(2) In Improvements on the event that Tenant fails to maintain the Leased Premises in good ordercondition, condition including (a) the exterior (including windows and repair as required under this Leasedoors) and interior structure of the buildings or structures, Landlord shall give Tenant prior written notice (b) the roof or roofs, (c) the heating, ventilating and air conditioning systems therein, (d) all electrical, plumbing, lighting, mechanical systems, fire suppression equipment, i.e. fire sprinkler system; (e) all paved and landscaped grounds and fences within the Leased Premises; and (f) sweeping and removing ice and snow from the parking lot within the Leased Premises and sidewalk adjacent to do such acts as are required to so maintain the Leased Premises. In TENANT shall be responsible for the event that Tenant cost of all maintenance and repairs incurred by ▇▇▇▇▇▇ at the Leased Premises, which costs are included in the Additional Rent provided in Paragraph (5-b). TENANT shall be responsible for day-to-day upkeep of the interior of Leased Premises, including cleaning, and janitorial services, at TENANT's sole expense. TENANT shall provide LESSOR with prompt notice of any required maintenance, repair or replacement. If LESSOR fails to commence such work maintain, repair, or replace any component of the Leased Premises within 30 days a reasonable time after written demand by Landlordnotice from TENANT, and diligently prosecute it to completion, then Landlord TENANT shall have the right, but shall not be obligatedthe obligation, in TENANT's discretion to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3i) Landlord will maintain, repair and or replace all structural components such component of the Leased Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for recover the cost of such repair. Notwithstanding anything in this Lease to the contraryfrom LESSOR, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or terminate this Lease by thirty (iii30) where the repair in question is one which Tenant is obligated days' written notice to furnish under the provisions of this LeaseLESSOR.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. (1a) Except for matters specified Landlord shall Maintain the: (i) Building footings, foundations, structural steel columns and girders at Landlord’s sole expense; (ii) Building roof and exterior walls; (iii) Building Structure; and (iv) Common Areas. Costs incurred by Landlord under Paragraph 4 above the foregoing subsections (ii), (iii) and Paragraph 8A(3(iv) below as being will be included in Operating Expenses, provided that to the extent any Building System, equipment or fixture exclusively serves the Premises, Landlord may elect either to Maintain the same at Tenant’s sole expense and ▇▇▇▇ Tenant directly or by notice to Tenant require Tenant to Maintain the same at Tenant’s expense. If Tenant becomes aware of any condition that is Landlord's obligation’s responsibility to repair, Tenant shallshall promptly notify Landlord of the condition. Moreover, at Tenant's sole cost and expense, maintain the Premises in good order, condition and regardless of who bears responsibility for repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces Tenant shall immediately notify Landlord if Tenant becomes aware of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by any areas of water intrusion or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises mold growth in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain or about the Premises. In Except as provided in subsection (a) above, Tenant at its sole expense shall Maintain the event that Tenant fails to commence such work within 30 days after written demand by LandlordPremises, the HVAC, and diligently prosecute it all fixtures and equipment in the Premises. All repairs and replacements by Tenant shall utilize materials and equipment which are comparable to completionthose originally used in constructing the Building and Premises. Alterations, then Landlord shall have the right, but shall not be obligated, to do such acts repairs and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement replacements to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvementProperty, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result made necessary because of Tenant's ’s Alterations or installations, any use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely or circumstances special or particular to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or its Agents shall be made by Landlord or Tenant as set forth above, but at the sole expense of Tenant to the extent not covered by any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated applicable insurance proceeds paid to furnish under the provisions of this LeaseLandlord.
Appears in 1 contract
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationThroughout the term of this Lease, Tenant shall, Landlord agrees at Tenant's sole its own cost and expenseexpense to make all repairs and replacements as may be required to keep the Leased Premises (including, maintain without limitation: the Premises roof, walls, floors, ceilings, pipes, electrical wiring and systems, gas, sewer and water lines, plumbing fixtures and equipment, heating and air conditioning equipment, windows, doors, and plate glass, paint, and all alterations, additions and improvements) in good orderrepair and condition, condition and repair, ordinary wear and tear and damage unless caused by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense negligence of Tenant; , in which case Tenant shall repair such damage. In case of any material damage to, or destruction of, the Leased Premises, or any part thereof, the Tenant will promptly give written notice thereof to the Landlord, generally describing the nature and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premisesextent of such damage or destruction.
(2b) In the event that Tenant Landlord fails to maintain the Leased Premises in good order, condition and repair as required under this Leaseherein or Landlord fails to complete any repairs or replacements within ten (10) days after written notice from Tenant of need for such repairs or replacements (or if the work cannot be completed within ten (10) days, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 said ten (10) days after written demand by period and diligently proceed thereafter to complete such repairs or replacements) then Tenant shall have the right (but no obligation) in addition to any and all other remedies it may have in law or in equity, to make such repairs or replacements or have a contractor make such repairs or replacements, on behalf of Landlord, and diligently prosecute it to completion, then charge Landlord shall have for the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises cost thereof as a result of performing any such workdeduction from rent.
(3c) Landlord will maintainshall immediately, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of expense, complete the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability following repairs: (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, Walls patched and painted; (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.)
Appears in 1 contract
Maintenance and Repairs. 16.1 Lessor shall repair and maintain the structural portion of the Premises, including foundations, exterior walls and roof, existing fire sprinklers (1if any), smoke detection system, plumbing, air conditioning units, parking lot, landscaping and storage utility areas, windows, plate glass and doors, unless such maintenance or repair is caused in whole or in part by the gross negligence of the Lessee, its agents, employees or invitees. Unless otherwise specified in this Lease, there shall be no abatement of rent and no liability of Lessor 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 Premises, or the building provided however that in the event such interference shall continue for seventy-two (72) Except for matters specified under Paragraph 4 above hours or more; Lessee shall be entitled to an abatement of rent until such interference has ceased. Lessor shall take reasonable efforts not to disturb Lessee during the course of any such repairs, alterations or improvements. Lessee waives the provisions of any law permitting Lessee to make repairs at Lessors expense.
16.2 Lessee shall maintain in good order, condition and Paragraph 8A(3) below as being Landlord's obligationrepair the interior of the Premises, Tenant shallincluding all electrical equipment and plumbing installed therein, at Tenantand all improvements and fixtures and equipment installed by the Lessee in the Premises. In addition, it shall be Lessee's sole cost obligation to repair all broken doors and expense, looks.
16.3 In the event that Lessee fails to maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord Lessor shall give Tenant prior written Lessee notice to do such acts as are reasonably required so to so maintain the Premises. In the event that Tenant Lessee fails promptly to commence such work within 30 days after written demand by Landlord, and or diligently prosecute it the same to completion, then Landlord shall have the rightLessor may, but shall is not be obligated, obligated to do such acts and expend such funds at the expense of Tenant Lessee as are reasonably required to perform such workwork and the cost thereof shall become due and payable as additional rental to Lessor together with Lessee's next rental installment.
16.4 In the event that Lessor fails to maintain the Premises in good order, condition and repair, Lessee shall give Lessee notice to do such acts as are reasonably required so to maintain the Premises. Landlord In the event Lessor fails promptly to commence such work or diligently prosecute the same to completion, Lessee may, but is not obligated to do such acts and expend such funds at the expense of Lessor as are reasonably required to perform such work and the reasonable cost thereof shall be deducted from Lessee's next rental installment.
16.5 Upon reasonable notice to Lessee, Lessor, or its officers or agents, shall have no liability the right to Tenant enter the Premises to examine them, or to make such repairs, alterations, and additions as Lessor deems necessary for any reasonable damagethe safety, inconvenience or interference with Tenant's use preservation and improvement of the Premises or the building as a result long as such repairs, alterations or additions do not interfere with Lessee's business. In addition, Lessor or its officers or agents may place on the exterior walls of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except excluding however the windows or doors of the premises, a notice "to Rent" or "to Lease," for one month prior to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions expiration of this Lease.
Appears in 1 contract
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above Tenant shall at their own expense, and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expenseall times, maintain the Premises in good ordera clean and sanitary manner including all furnishings, equipment, filters, appliances, lawn and landscaping. Tenant shall surrender the same, at termination of Lease, in the same working condition and repairsame level of cleanliness as received, ordinary “normal wear and tear tear” excepted. “Normal wear and damage by fire and casualty exceptedtear”, including: the interior surfaces of the ceilingsas used in this paragraph, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by does not include any stains, marks, discoloration, holes, chips, heavy scratches in or at the expense of Tenant; and all plumbingon flooring, heatingwalls, ventilating, electrical and lighting facilities and ceilings or fixtures; all landscapingresidual odors or discoloration caused by Tenant, parking lotsanimals, fences cooking or smoking; dirt and signs located within the Premises.
(2) In the event that dust accumulation; blown light bulbs. Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant further agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable lawscity, county and state regulations, ordinances, regulations laws and rules of any public authority relating codes that relate to the PremisesPremises or its condition. Should Tenant fail or refuse to do so, except Landlord may elect to remedy the extent that non- compliance, the foregoing are solely a result cost of which shall be charged back to Tenant's use of the Premises. Tenant shall do all acts required be responsible for any damage to comply with all applicable lawsthe Premises and Property caused by Tenant or Tenant’s guests, ordinancesomissions or negligence or any non-reporting (or delinquent reporting) of necessary reporting. Landlord shall be responsible for maintaining and repairing structural items, regulations plumbing, electrical, HVAC and rules of any public authority relating solely to Tenant's use of appliances as long as the Premises. If a repair is not required as a result of neglect or misuse by Tenant's negligence and such repair cost is not covered by insurance proceeds. Tenant agrees to refrain from painting or making any repairs, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease altercations, modifications to the contraryPremises, or to disconnect or otherwise tamper with any electrical, plumbing, mechanical or safety system present in the event Premises. Tenant agrees that the need for repairs any maintenance, repairs, or the making of repairs (decreased value due to neglect or both) which Landlord is obligated to effect at Landlord's expense renders a material portion misuse of the Premises unusable for more than three consecutive business daysTenant, then Tenant occupants or guests, regardless of cost, shall be entitled to an abatement of the Tenant’s responsibility. All charges for maintenance, damages and lock services shall be characterized as additional rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseand owing.
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance and Repairs. 8.1 Landlord shall keep and maintain the foundation, roof and exterior walls of the Building (1specifically excluding the interior walls, doors, partitions, locks, door jambs, windows and glass in the Premises as well as all mechanical, plumbing, heating, air conditioning, sprinkler and electrical systems and utility service lines exclusively servicing the Premises and located therein), the plumbing and electrical systems to and from the Building and the driveways and parking areas adjacent to, and all common areas of, the Building in good condition and repair.
(a) Except for matters specified under Paragraph 4 above Tenant will keep and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises and all fixtures and equipment located therein (specifically including the interior walls, doors, partitions, locks, door jambs, windows and glass in the Premises, as well as all mechanical, plumbing, heating, air conditioning, sprinkler, electrical systems, and utility service lines exclusively servicing the Premises and located therein) in clean, safe and sanitary condition, will take good ordercare thereof and make all required repairs thereto, and will suffer no waste or injury thereto. At the expiration or other termination of the Lease Term, Tenant shall surrender the Premises, broom clean, in the same order and condition and repairwhich they are in on the Lease Commencement Date, ordinary wear and tear and unavoidable damage by fire and the elements or casualty excepted. Tenant shall, including: the interior surfaces at its own expense, replace any broken or damaged glass windows, doors, locks, jambs and partition walls, and such replacement items shall be of the ceilings, walls same quality and floors; all doors and interior windows; furnishings installed within the Premises; all equipment design as those initially installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within Landlord in the Premises.
(2b) In Tenant shall maintain the event that Tenant fails to maintain heating, ventilating and air conditioning equipment (the "HVAC system") serving the Premises in good order, condition and repair, reasonable wear and tear and damage or destruction by fire or other casualty which Tenant is not obligated to repair excepted. Except as required under this Leaseprovided in subsections (c) and (d) below, Landlord Tenant shall give Tenant prior written notice repair or replace any damage or injury to do such acts as are required to so maintain the HVAC system serving the Premises. In the event that All maintenance and repairs made by Tenant fails to commence such work within 30 days after written demand shall be performed only by licensed contractors first approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall require its contractors to comply with Landlord's regulations regarding all work to be performed.
(c) With specific reference to the HVAC system, Tenant is responsible to carry, with a reputable service company, a full service maintenance and diligently prosecute it repair contract on all component parts except the refrigeration compressors. This contract shall include, without limitation, substantially the following provisions:
(i) Contractor will provide regularly (as required by industry custom) scheduled inspections for each component of the HVAC system, checking the operating efficiency of each, oiling and adjusting where necessary.
(ii) Contractor will provide and install air filters as necessary in the Contractor's reasonable judgment.
(iii) Contractor will provide complete inspection of all automatic temperature controls and their electronic components.
(iv) Contractor will automatically correct all problems which could cause breakdowns in extreme weather.
(v) Contractor will provide a full written report on the system's condition after each inspection; provided, however, the Contractor shall not be required to completionprovide more than two reports in any twelve-month period.
(vi) Copies of all reports will be provided to Landlord.
8.3 Except loss or damage recovered by Landlord under Landlord's insurance, then and as otherwise provided in Article XVI hereof, and notwithstanding the provisions of Section 8.1 hereof, all injury, breakage and damage to the Premises or to any other part of the Building caused by any negligent act or omission or willful misconduct of Tenant, or of any agent, employee, subtenant or contractor of Tenant, shall be repaired by and at the sole expense of Tenant, except that Landlord shall have the right, but shall not be obligatedat its option, to do make such acts repairs and expend such funds at the expense to charge Tenant for all reasonable costs and expenses incurred in connection therewith as additional rent hereunder. The liability of Tenant as for such costs and expenses shall be reduced by the amount of any insurance proceeds which are reasonably received by Landlord on account of such injury, breakage or damage, or which would be received by Landlord had Landlord maintained the insurance coverages required to perform such work. be maintained by Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease, whether or not Landlord has maintained such insurance coverages.
Appears in 1 contract
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above Subject to Section 7(b) below, by taking possession of the Premises Tenant agrees that the Premises are then in a good and Paragraph 8A(3) below as being Landlord's obligationtenantable condition. During the Term, Tenant shall, at Tenant's sole cost ’s expense but under the direction of Landlord, shall repair and expensemaintain the Premises, maintain including the interior walls, floor coverings, ceiling tiles and grid, Tenant Improvements, Alterations, electrical systems installed by Tenant, HVAC systems installed by Tenant, power exhaust systems installed by Tenant, locks and keys, fire extinguishers, outlets and fixtures, and any plumbing and appliances (including dishwashers, hot water heaters and garbage disposers) in the Premises, in a first class condition, and keep the Premises in a clean, safe and orderly condition.
(b) Notwithstanding the provisions of Section 7(a) above, Landlord shall cause the Premises and the Building Systems serving the Premises to be in good working order on the Commencement Date. Any claims by Tenant under the preceding sentence with respect to the Premises shall be made in writing not later than the forty-fifth (45th) day after the Commencement Date. In the event Tenant fails to deliver a written claim to Landlord on or before such forty-fifth (45th) day, then Landlord shall be conclusively deemed to have satisfied its obligations under this Section 7(b) as to the Premises. Landlord’s obligations under this Section 7(b) shall specifically exclude any obligation to repair any damage caused to the mechanical, electrical and plumbing systems by Tenant or Tenant’s Representatives or Visitors.
(c) Landlord shall maintain or cause to be maintained in reasonably good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces structural portions of the ceilingsroof, foundations, slabs and exterior walls and floors; all doors and interior windows; furnishings installed within of the Building, the Building Systems from the minimum point of entry into the Building up to the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completionthe Common Areas, then Landlord shall have the rightParking Area, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof plate glass of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusableLand; provided, however, that Tenant shall not be entitled to a pro rata abatement pay the cost of rent under repairs for any damage occasioned by Tenant’s use of the foregoing due to unusability (i) caused directly Premises or indirectly by the Project or any act or omission of Tenant or Tenant’s Representatives or Visitors, to the extent (if any) not covered by Landlord’s property insurance. Landlord shall be under no obligation or duty to inspect the Premises, and any inspection undertaken by Landlord shall not expose Landlord to any liability for faulty, defective, or improper maintenance, repair, installation or construction, whether or not the same may be discovered by Landlord in the course of any inspection. Tenant shall promptly report in writing to Landlord any defective condition known to Tenant which Landlord is required to repair. As a material part of the consideration for this Lease, Tenant hereby waives any benefits of any applicable existing or future Law, including the provisions of California Civil Code Sections 1932(1), 1941 and 1942, that allows a tenant to make repairs at its landlord’s expense.
(d) Landlord hereby reserves the right, at any time and from time to time, without liability to Tenant and without effecting an eviction, constructive or otherwise, entitling Tenant to any abatement of rent or to terminate this Lease or otherwise releasing Tenant from any of Tenant's servants’s obligations under this Lease; provided, employeeshowever, agentsthat in exercising any such right, contractors, visitors Landlord shall use commercially reasonable efforts to avoid any material interference with Tenant’s use or licensees, occupancy of the Premises:
(i) To construct additional buildings or other improvements on the Land;
(ii) where Tenant makes a decorationTo make alterations, alterationadditions, improvement repairs, improvements to or addition which directly causes such unusabilityin or to decrease the size of area of, all or any part of the Project, the Building, the fixtures and equipment therein, or the Building Systems;
(iii) where To change the repair name or street address of the Project or the Building or change the space or suite number of the Premises;
(iv) To install, affix and maintain any and all signs on the exterior and interior of the Building or anywhere else in question is one which Tenant is obligated or on the Project;
(v) To reduce, increase, enclose or otherwise change at any time and from time to furnish under time the provisions size, number, location, layout and nature of this Leasethe Common Areas and other tenancies and premises in the Project and to create additional rentable areas through use or enclosure of Common Areas; and
(vi) If any governmental authority promulgates or revises any Law or imposes mandatory or voluntary controls or guidelines on Landlord or the Project relating to the use or conservation of energy or utilities or the reduction of automobile or other emissions or reduction or management of traffic or parking on the Project (collectively “Controls”), to comply with such Controls, whether mandatory or voluntary, or make any alterations to the Project related thereto.
Appears in 1 contract
Sources: Lease Agreement (Taleo Corp)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above ▇▇▇▇▇▇ agrees to keep the premises in a clean and Paragraph 8A(3) below as being Landlord's obligationsafe condition. City agrees to maintain in good order and repair and in a clean and safe condition any and all structures, Tenant shallfacilities, improvements, and equipment at the Leased Premises, at Tenant's Lessee’s including without limitation all plumbing, HVAC, electrical, and other utility systems, at City’s sole cost and expense, maintain during the Premises entire Term. Lessee Except as expressly set forth in good orderthe first sentence of this Section 5.a, condition and repairCity shall perform any required maintenance except including without limitation on the foundation, ordinary wear and tear and damage by fire and casualty exceptedstructure, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within roof which shall be the Premises.
(2) In responsibility of the event that Tenant fails City. Subject to maintain the Premises in good order, condition and repair as required under waiver of subrogation provisions of this Lease, Landlord the Lessee shall give Tenant prior written notice repair any area damaged by Lessee, Lessee’s agents, employees, invitees, and visitors whether through active or passive negligence. Should Lessee fail, neglect or refuse to do such acts as are required to so maintain so, the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord City shall have the right, but shall not be obligatedthe obligation, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant maintenance or repairs for any reasonable damagethe Lessee’s account, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility Lessee agrees to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over reimburse the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay City for the cost of such repair. Notwithstanding anything in this Lease to the contrarythereof (plus an additional twenty percent (20%) for overhead), in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant the City shall first give Lessee ten (10) days' written notice of its intention to perform such maintenance. City shall not be entitled obligated to a pro rata abatement make any repairs to or maintain any improvements on the subject Leased Premises unless otherwise required by this Agreement. City reserves the right of rent entry for its employees and agents to inspect the Leased Premises as deemed necessary by City, and the right (but not obligation) to do any and all work of any nature necessary for preservation, maintenance, and operation of the Leased Premises. City shall provide reasonable prior notice of the exercise of such right except in case of an emergency and shall take reasonable measures to avoid interference with ▇▇▇▇▇▇’s business operations in doing so. Lessee shall be given reasonable notice when any such work may become necessary and will reasonably adjust operations to permit City to proceed expeditiously with such work. Subject to City’s maintenance and repair obligations as expressly set forth above, City shall not be liable to Lessee for injury or damage that may result from any defect in the construction or condition of the Leased Premises, nor for any damage that may result from interruption of ▇▇▇▇▇▇’s use of the Leased Premises during any repairs by City. Lessee waives any right to repair the Leased Premises at the expense of City under any applicable law. Lessee shall remove all improvements installed by lessee upon termination of this lease without cost to the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilityCity, or (iii) where said improvements will revert to the repair City, at the City’s option. Such option shall only be effective if provided by City in question is one which Tenant is obligated writing to furnish under Lessee. All improvements and alterations require prior written approval of the provisions of this LeaseAirport Manager.
Appears in 1 contract
Sources: Non Aviation Hangar Lease Agreement
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Subject to Landlord's obligation’s obligations expressly set forth in this Lease, Tenant shallTenant, at Tenant's sole cost and its expense, shall maintain and keep the Premises in good orderorder and repair at all times during the Term, condition and repair, ordinary reasonable wear and tear and tear, damage caused by fire and casualty or other casualty, damage caused by taking or damage caused by the negligence or willful misconduct of Landlord or its agents, employees or contractors excepted. In addition, including: Tenant shall reimburse Landlord for the interior surfaces cost of any repairs to the ceilings, walls and floors; all doors and interior windows; furnishings installed within Building necessitated by the Premises; all equipment installed by acts or at the expense omissions of Tenant; , its subtenants, assignees, invitees, employees, contractors and all plumbingagents, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within to the Premises.
(2) In extent Landlord is not reimbursed for such costs under its insurance policies. Subject to the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Leasepreceding sentence, Landlord shall give Tenant prior written notice perform any maintenance or make any repairs to the Building as Landlord shall desire or deem necessary for the safety, operation or preservation of the Building, or as Landlord may be required or requested to do such acts as are required to so maintain by any governmental authority or by the Premisesorder or decree of any court or by any other proper authority. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, throughout the Term, shall keep and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair or cause to be kept and replace all maintained the structural components of the Premises Building (including, without limitation, the roof and the roof membrane), all common areas of the BuildingProperty, and if all Building systems (excluding only those non-standard portions of Building systems which are (a) located within a repair, replacement or alteration or other change would be considered a capital improvement or replacement to tenant’s premises and (b) service only such tenant’s premises and (c) are required by the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life terms of such item and Tenant agrees tenant’s lease to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted maintained by such improvementtenant) in a neat, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 abovesafe and orderly condition and shall make all necessary repairs thereto. Landlord shall do also make all acts repairs, replacements, additions, alterations and improvements to the Building (including the Premises) and the common areas of the Property which are required to comply with all applicable lawsby any law, ordinancesstatute, regulations and rules code, ordinance, by-law, order, judgment, decree, rule or regulation of any public governmental authority relating to the Premises, except to the extent that such of the foregoing as are solely required because of a result of Tenant's specific nongeneral business office use made of the PremisesPremises by Tenant hereunder. Tenant shall do all acts required to comply with all applicable lawsExcept as otherwise provided in this Lease, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of all such repair. Notwithstanding anything in this Lease to the contraryrepairs, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business daysreplacements, then Tenant alterations, additions and improvements shall be entitled to an abatement borne by Landlord and shall be included as part of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseExpenses.
Appears in 1 contract
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above 8.1 Tenant shall at its sole expense keep and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises and all Furnishings including, without limitation, any supplemental heating, ventilating or air conditioning equipment and any other equipment located in the Premises in clean, safe and sanitary condition and in good order, condition order and repair, shall suffer no waste or injury thereto, and at the expiration or earlier termination of the Lease Term, shall surrender the Premises in the same order and condition in which they were on the Lease Commencement Date, ordinary wear and tear excepted. Except as otherwise provided in Article XVII, all injury, breakage and damage by fire to the Premises and casualty excepted, including: the interior surfaces to any other part of the ceilingsBuilding or the Land caused by any act or omission of any invitee, walls agent, employee, subtenant, assignee, contractor, client, family member, or licensee (collectively "Invitees") or Tenant, shall be repaired by and floors; at Tenant's expense, except that Landlord shall have the right at Landlord's option to make any such repair and to charge Tenant for all doors reasonable costs and interior windows; furnishings installed within expenses incurred in connection therewith. Tenant responsible for janitorial and cleaning services for the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premisespremises.
(2) In 8.2 Subject to the event that Tenant fails to maintain provisions of Article V, Landlord shall provide janitorial and cleaning services for the Premises Building common areas consistent with a comparable office and warehouse space in S▇▇▇▇▇▇▇ County, Virginia; maintenance in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises parking facilities and all driveways leading thereto, as well as all walkways, keeping the same free from any unreasonable accumulation of snow; maintenance in a result neat, safe and orderly condition of performing any such work.
(3) Landlord will maintainall landscaped areas; maintenance in good order and repair consistent with a comparable office and warehouse space in S▇▇▇▇▇▇▇ County, repair and replace all structural components Virginia of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage remainder of the Building by and the square footage Project including but not limited to the exterior structure and systems, the walls, load bearing elements, foundations, pipes and conduits, roof and common areas that form a part of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to parking areas, elevators, and the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable lawsbuilding standard mechanical, ordinanceselectrical, regulations HVAC and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceedsplumbing systems, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair responsible for those obligations set forth in question is one which Tenant is obligated to furnish under the provisions of this LeaseArticle 8.1 hereof.
Appears in 1 contract
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above 14.1 The tenant shall:
14.1.1 keep the leased premises, including the interior and Paragraph 8A(3) below as being Landlord's obligationexterior of all windows, Tenant shalland all its contents clean, at Tenant's sole cost tidy and expense, maintain the Premises in good order, condition and repair, ordinary wear ;
14.1.2 be responsible for the maintenance and tear and repair of any/all damage by fire and casualty excepted, including: to the interior surfaces of the ceilingsleased premises and to the interior and exterior of all doors, walls door frames and floors; handles, shopfronts and windows, window frames and handles, irrespective of how such damage occurred;
14.1.3 at its own cost maintain, and where necessary, replace any fire extinguishing equipment, fire detection or alarm system, power supply and electrical systems, including but not limited to electrical outlets, plugs and distribution boards, installed in the leased premises. The tenant shall keep records of all doors such equipment and interior windows; furnishings installed systems and the maintenance or replacement thereof, in terms of applicable legislation;
14.1.4 not cause or permit any obstruction or blockage in sewerage pipes, water pipes or drains serving the leased premises and/or the property, and in the event of there being any obstruction or blockage shall pay upon demand to the landlord, the price for removing such obstruction or blockage;
14.1.5 maintain at its own cost the drainage, plumbing installations, including but not limited to the geysers, sanitary fittings and works in the leased premises and replace any damaged or faulty installations;
14.1.6 be responsible for the cost of maintaining all air-conditioning units in good order and condition which maintenance shall be undertaken by the landlord;
14.1.7 replace at its own cost all light fittings, fluorescent tubes, starters, globes, ballasts, diffusers and incandescent lamps used in the leased premises;
14.1.8 shall be responsible for the pest control in the leased premises. If the tenant does not exercise proper pest control in the leased premises, then the landlord can cause pest control to be exercised in those leased premises and charge the relevant amounts to the tenant. If, as a result of such pest control not being properly exercised by the tenant, pest problems develop elsewhere in the property, then the tenant will be liable for whatever costs are incurred by the landlord in taking care of such pest control in the property.
14.2 The landlord shall be responsible for the maintenance of, and for all repairs and replacements becoming necessary from time to time in or to, the building and all parts thereof other than those which are responsible for the time being of tenants or of the local authority, and the landlord’s obligations in respect thereof shall include the maintenance and repair of the structure of the building, all systems, works and installation contained therein (other than those which are the responsibility of the tenant or other tenants within the Premises; all equipment installed by or at building), the expense of Tenant; roofs, the exterior walls, the lifts, the grounds and gardens, and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within other parts of the Premisescommon areas.
(2) 14.3 The landlord shall not, however, be in breach of clause 15.2 above insofar as any of its obligations thereunder are not or cannot be fulfilled by reason of any Force Majeure or the acts of omissions of others over whom the landlord has not direct authority or control, and where the landlord is indeed in breach of clause 15.2, the tenant’s only remedy against the landlord shall be a right of action for specific performance.
14.4 In the event that Tenant the responsible party fails to maintain the Premises attend to any maintenance or repairs in good order, condition and repair as required under terms of this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completionlease agreement, then Landlord shall have the rightother party shall:
14.4.1 give the responsible party 14 (fourteen) days written notice, but shall not be obligated, calling upon the responsible party to do attend to such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.maintenance/repairs;
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, 14.4.2 in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business daysresponsible party does not do so within that period, then Tenant the other party shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilityitself to, or (iii) where through someone else, attend to such maintenance and repairs and claim the repair in question is one which Tenant is obligated to furnish under cost thereof from the provisions of this Leaseresponsible party.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above Concessionaire shall maintain all concession facilities and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, personal property and equipment on the Premises in good condition and repair at TenantConcessionaire's sole cost and expenseexpense at all times during the Term of this Contract. For the purposes of this Contract, the term “maintenance” is defined as all repair and preservation work necessary to maintain concession facilities and personal property and equipment in a good state of repair, as well as to preserve them for their intended purpose for an optimum useful life. Concessionaire shall keep and maintain all equipment, structures, improvements or physical structures of any kind which may exist or be erected, installed or made on the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material asphalt portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled ramp from the parking lot to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by beach and excepting any act or omission of Tenant bike path or any cellular antenna referred to in Section 12.8.) in good and substantial repair and condition, including without limitations capital improvements and structural and roof repairs and replacement, and shall make all necessary repairs, alterations and replacements thereto, except is otherwise provided in this Section 12. Concessionaire shall undertake such repairs, alterations or replacement in compliance with any and all regulations, laws or ordinances of Tenant's servantsthe State of California, employeesCounty of Los Angeles, agentsCity of Los Angeles, contractorsCalifornia Coastal Commission or other governmental body, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilitymay be applicable, or (iii) where the repair as reasonably required in question is one which Tenant is obligated writing by Director to furnish under Concessionaire concerning incident to the provisions of this LeaseSection 12. Concessionaire shall maintain all improvements on the Premises (including the asphalt portion of the ramp from the parking lot to the beach and excepting any bike path or any cellular antenna referred to in Section 12.8.) in a safe, clean, wholesome and sanitary condition, to the reasonable satisfaction of Director and in compliance with all applicable laws or ordinances of the State of California, County of Los Angeles, City of Los Angeles, California Coastal Commission or other applicable governmental bodies. Concessionaire specifically agrees to provide proper containers for trash and garbage which are screened from public view, to keep the Usable Premises free and clear of rubbish and litter and to keep the entire Premises, both land and water areas thereof, free and clear of rubbish and litter originating from the Usable Premises. County in its proprietary capacity shall have the right to enter upon and inspect the Premises at any reasonable time for cleanliness, safety and compliance with this Section 12.1., as long as such entrance is not done in a manner which would unreasonably interfere with the operation of the restaurant. Concessionaire’s obligation to maintain and restore is absolute, and is not in any way dependent upon the existence or availability of insurance proceeds, except as otherwise provided in this Section 12. Restoration shall take place in accordance with the provisions of subsections 5.12.2 and 5.12.4.
Appears in 1 contract
Sources: Concession Contract
Maintenance and Repairs. (1) Except The Premises are leased to Tenant in "as-is" condition as of the date hereof. Landlord makes no representation as to the fitness of the Premises for matters specified under Paragraph 4 above any purpose or as to the condition of the Premises, and Paragraph 8A(3) below as being Landlord's obligationLandlord disclaims any implied warranties with respect thereto. Tenant hereby accepts the Premises in "as-is" condition and waives the benefit of any implied warranty of fitness for purpose or condition, Tenant having previously inspected the Premises. Tenant shall, at its own cost and expense, throughout the Term, maintain the Premises in a first-class, safe, clean and sanitary condition, free from infestation and any unreasonable accumulation of trash or refuse. Tenant shall, at its own cost and expense, commence and thereafter diligently prosecute to completion, all necessary maintenance and repairs to the Premises, including, but not limited to, repairs to the roof and all structural components of the improvements on the Premises, all electrical, plumbing, mechanical, HVAC and other systems and units, doors, windows, and glass, landscaping, and paving. All repairs shall be accomplished by Tenant at its sole cost and expense. All of the aforesaid repairs, restorations and/or replacements shall be in quality and class equal to the original work or installation and shall be done in a good and workmanlike manner. Landlord may, but shall not have the obligation to, notify Tenant of any needed repairs of which Landlord becomes aware. In addition, Tenant shall, at Tenant's sole its own cost and expense, maintain obtain a service contract for the maintenance and repair of the HVAC system servicing the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: shall supply the interior surfaces Landlord with a copy of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by same. If Tenant refuses or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails neglects to maintain the Premises in good order, condition and make any repair or perform any maintenance as required under this Lease, Paragraph 7 to the reasonable satisfaction of Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 ten (10) days after written demand by Landlordthat such be done (or after the expiration of such shorter reasonable period in the event of any emergency), and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do may make such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no repairs without liability to Tenant for any reasonable damage, inconvenience loss or interference with damage that may occur to Tenant's use of property in or upon the Premises or to Tenant's business as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be thereof. Upon Landlord's responsibility to promptly make completion of said work and pay for such repairwithin five (5) days following written demand therefor, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay reimburse Landlord for the cost of such repairsaid repairs and/or maintenance, plus fifteen percent (15%) for overhead, plus interest on all sums advanced but not yet reimbursed by Tenant and on the overhead at the maximum rate permitted by law. Notwithstanding anything in this Lease Any costs incurred by Landlord as a result hereof shall be deemed to the contrarybe Additional Rent and, in the event that of non-payment, Landlord shall have all the need rights and remedies as herein provided for repairs or the making non-payment of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseBase Rent.
Appears in 1 contract
Sources: Lease Agreement (TNR Technical Inc)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant Lessee shall, during the term of this Lease and any extension thereof, at Tenant▇▇▇▇▇▇'s sole cost and expense, maintain keep the interior of the Leased Premises in as good orderorder and repair as it is at the time of the commencement of this Lease, condition and repair, ordinary reasonable wear and tear excepted. ▇▇▇▇▇▇ agrees to perform and damage by fire and casualty excepted, including: the interior surfaces pay for all of the ceilingsmaintenance of the Mill building, walls both inside and floorsoutside. This includes repair, replacement and preventive maintenance of structural and non-structural components; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbingmechanical, electrical, heating, ventilatingcentral cooling, electrical hot water and plumbing equipment and systems; of elevator; fire detection and suppression systems; of fixtures, historical and decorative features and finishes; of roof, floors, walls, ceilings, and other parts of the leased premises damaged or worn through normal occupancy; and of structures attached to the Mill such as staircases, railings and sidewalks. Lessee also shall repair damage caused by abuse, negligence, neglect or excessive wear and tear. City shall perform at its expense snow and ice removal for exterior walkways and stairs; grass cutting and turf maintenance. ▇▇▇▇▇▇ acknowledges the serious risk to the historic Mill and occupants from fire. Therefore, ▇▇▇▇▇▇ agrees that fire safety and prevention shall always be a paramount concern in ▇▇▇▇▇▇’s maintenance, repairs, occupancy and use of the premises. Lessee shall comply with City ordinance and adopted Building and International Fire Code requirements, and directives by the Fire Commissioner, on fire safety and prevention measures, also including number and placement of emergency lighting facilities devices, the number, location and fixtures; all landscapingtimely replacement of fire extinguishers, parking lotsnumber and location of smoke detectors, fences required and signs located within regular maintenance of sprinkler systems and maximum occupancy limits. The Bethlehem Fire Inspection Department will perform yearly inspections to assure compliance. Non-compliance with City ordinance and Code requirements and directives by the Premises.
(2) In the Fire Commissioner on fire safety and prevention measures shall be an event that Tenant fails to maintain the Premises in good order, condition and repair as required of default under this Lease. Portable generators, Landlord kerosene heaters, heating devices and fuel are prohibited for inside use and storage. Lessee shall give Tenant prior written notice keep the premises clean and free of accumulated trash. Lessee shall pay for trash receptacles and for hauling service supplied by City. Lessee shall make every effort to do such acts as are required to so maintain the Premisesreduce its solid waste stream through recycling practices. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but Lessee shall not be obligatedmake changes or improvements to grounds in Monocracy Park other the leased premises without prior authorization by the Director of Parks and Public Property. At the expiration of the term of this Lease and any extension thereof, to do such acts and expend such funds Lessee shall surrender the Leased Premises in as good condition as it was at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any commencement hereof, reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises wear and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building damages by the square footage elements excepted. Lessee’s obligations under this Article constitute part of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of its rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent obligations under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 1 contract
Sources: Sublease Agreement
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises Unless expressly provided otherwise in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain maintain, in good condition, the Premises. In Common Area, the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use structural parts of the Premises as a result of performing any such work.
(3) Landlord will maintainBuilding which shall include only the foundations, repair bearing and replace all structural components of the Premises exterior walls, subflooring, gutters, downspouts, and the roof of the Building, Building and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvementSystems, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable lawsheating, ordinancesventilating, regulations air-conditioning, plumbing and rules of any public authority relating to electrical systems serving the Premises, except to and related equipment and the extent that cost thereof shall be included in Expenses as provided in Section 4 above; provided, in the foregoing event any such replacements, repairs or maintenance are solely a caused by or result from Tenant’s excessive or improper use or occupation thereof or which are caused by or result from the negligence or improper conduct of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinancesits agents, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceedsemployees or invitees, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then shall be paid solely by Tenant and Tenant shall be entitled pay the cost thereof within ten (10) days of notice from Landlord. Except as provided above, and subject to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions Section 10 of this Lease, Tenant shall maintain and repair the Premises in neat, clean, sanitary and good condition, excepting normal wear and tear, including, without limitation, maintaining and repairing all walls, storefronts, ceilings, interior and exterior doors, any ground floor exterior windows and all interior windows and fixtures, floors and floor coverings, flues, vents, any kitchen equipment, Premises’ specific systems and equipment, and interior plumbing serving the Premises as well as any damage to the Building, Property or Premises caused by Tenant, its agents, employees or invitees. If Tenant shall fail to keep and preserve the Premises in said condition and state or repair, excepting normal wear and tear, Landlord may, at its option (but with no obligation) put or cause the same to be put into the condition and state of repair agreed upon, and in such case Tenant, on demand, shall pay the cost thereof.
Appears in 1 contract
Sources: Office Lease (Visualant Inc)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, Tenants will maintain the Premises Premises, including the grounds and all appliances, fixtures and furnishings, in clean, sanitary and good order, condition and repair. Tenants will not remove ▇▇▇▇▇▇▇▇'s appliances, ordinary wear and tear and damage by fire and casualty exceptedfixtures, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; or furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain from the Premises in good orderfor any purpose. If repairs other than general maintenance are required, condition and repair as required under this Lease, Tenant will notify the Landlord shall give Tenant prior written notice to do for such acts as are required to so maintain the Premisesrepairs. In the event that Tenant fails to commence such work within 30 days after written demand of default by Landlord▇▇▇▇▇▇, and diligently prosecute it to completion, then ▇▇▇▇▇▇ will reimburse the Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of any repairs or replacement.
A. Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;
B. Maintain smoke detectors by replacing batteries as needed and ensuring the placement of a functional smoke detector in each bedroom;
C. Keep all windows, glass, window coverings, doors, locks, and hardware in good, clean order and repair;
D. Not obstruct or cover the windows or doors;
E. Not leave windows or doors in an open position during any inclement weather;
F. Not hang any laundry, clothing, sheets, etc. from any window, rail, porch, or balcony nor air or dry any of same within any yard area or space;
G. Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;
H. Keep all air conditioning filters clean and free from dirt. Failure to change filters before a significant amount of dust buildup is visible will result in a $50 fee;
I. Change furnace filters quarterly during January, April, July and October (Landlord will provide filters);
J. Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use them only for the purposes for which they were constructed. Tenants shall not allow any sweepings, rubbish, sand, rags, ashes, or other substances to be thrown or deposited therein. Any damage to any such repairapparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant;
K. And ▇▇▇▇▇▇'s family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents. Notwithstanding anything This includes keeping all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents. By failing to maintain order or by disturbing other tenants within the hours of 12 a.m. to 7 a.m., the tenant will incur a
L. Deposit all trash, garbage, rubbish, or refuse in this Lease the locations provided thereof, and the tenant shall not allow any trash, garbage, rubbish, or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements. Failure to abide will result in a $50 fee;
M. Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners' Association having control over them.
N. In the event the landlord is called in to make repairs not included in the landlord’s primary duties or resulting from tenant negligence, the tenant will be billed $30 an hour. A $30 inconvenience fee will be charged for each instance of additional work requested by the tenant. These fees include, but are not limited to, unlocking the home, making additional copies of keys, CWLP involvement. If the landlord is called in to make repairs not included in the landlord’s primary duties or resulting from tenant negligence outside the hours of 7 a.m. to 7 p.m., Monday to Friday, an additional fee of $75 dollars will be added to the contrary, in the event that the need for repairs tenant’s ledger. This fee does not apply to emergency calls such as HVAC or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasewater issues.
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Section 10.1 Landlord shall give Tenant prior written notice to do such acts throughout the Term, as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense part of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant Expenses (except for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by damage resulting from any act or omission of Tenant or those for whom Tenant is responsible in law) and in accordance with the Building Services and Building Standard:
(a) maintain, repair and replace, as required, the structure of the Buildings in which the Premises are situate;
(b) be responsible for any capital repair or replacement (including, without limitation, the paving and or resurfacing if the parking lots, lanes and roadways on or servicing the Carling Campus);
(c) maintain, repair and replace, as required, the Building Systems (whether or not such systems are located within or outside the Premises);
(d) remove ice and snow from driveways and parking areas in the Carling Campus; and
(e) be responsible for any other maintenance, repair and replacement in respect of the Premises which are expressly stated herein to be the responsibility of Landlord or are not expressly stated herein to be the responsibility of Tenant's servants.
Section 10.2 Landlord shall, employeesas part of the services included within Tenant’s Operating Expense Contribution, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated subject to furnish under the provisions of this LeaseLease and the proviso set out below, maintain and repair the Premises (including any lavatories within the Premises) and all Building Systems within and serving the Premises, subject to reasonable wear and tear and damage, but shall have no responsibility to maintain, repair, replace or insure the Tenant’s Property. Subject to Section 13.4, all damage to the Premises (including the Building Systems) or the Carling Campus resulting from any act or omission of Tenant or Tenant’s employees, invitees, customer, guests or contractors, shall be repaired, at Tenant’s expense, by Tenant to the reasonable satisfaction of Landlord or, at Landlord’s option, by Landlord. Tenant shall give prompt notice to Landlord if any portion of the Premises or any Building System within the Premises requires repair.
Section 10.3 Landlord shall have no liability to Tenant, there shall be no abatement of the Rent and there shall not be deemed to be any actual or constructive eviction of Tenant arising from Landlord performing any repairs or other work to any portion of the Premises or the Carling Campus (including the Premises or the Building Systems). In the performance of such repairs or other work, Landlord will take reasonable measures to minimize interference with the conduct of Tenant’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property (all of which shall promptly be repaired by Landlord, at its expense), but Landlord is not required to employ overtime labor or incur extraordinary expenses.
Appears in 1 contract
Sources: Lease Agreement (Ciena Corp)
Maintenance and Repairs. (1) Except Licensee shall be responsible for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain maintaining the Licensed Premises in good orderand substantial repair and condition, condition and repairin compliance therewith shall perform all repairs to or replacement of all improvements and equipment, ordinary wear trade fixtures and tear and damage other personal property brought onto the Real Property by fire and casualty exceptedLicensee as well as any Court-Owned Furniture as proved in section 6.2(b) above. In addition to this general requirement, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; Licensee shall perform any and all plumbingrepairs required for the maintenance in compliance with all Applicable Laws (defined below), heatingreplace broken window glass, ventilating, repair/replace exposed plumbing and electrical and lighting facilities fixtures, clear clogged drains, regularly maintain and fixtures; clear all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordgrease traps, and diligently prosecute it to completion, then Landlord replace broken or damaged doors. Licensee shall have be responsible for repair and/or replacement of all improvements and equipment wherever located on the right, but shall not be obligated, to do such Real Property that is damaged and/or destroyed by the negligent and/or willful acts and expend such funds at the expense omissions of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, Licensee’s employees, agents, suppliers and/or contractors. Licensor is to maintain and repair central hot water, visitors or licenseesheating and air conditioning systems, (ii) where Tenant makes a decorationand unexposed electrical and plumbing, alterationand replace interior light bulbs and fluorescent tubes. All maintenance shall be commenced within 15 days after the need for such work has been identified, improvement or addition which directly causes such unusabilityand diligently prosecuted to completion, or (iii) except where the repair state of disrepair is such that an emergency or hazard is created thereby in question which event there shall be an immediate correction. Licensor may cure Licensee’s default with respect to the maintenance obligations assumed pursuant to this section, and upon performance of that obligation shall acquire a right of reimbursement from Licensee for the actual costs of performing that maintenance obligation. Licensee is one which Tenant is obligated to furnish under responsible for providing all janitorial services for the provisions of this LeaseLicensed Premises.
Appears in 1 contract
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.fourth
Appears in 1 contract
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, Lessor shall maintain the Premises structural elements of the property in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Leaseduring the term. The term "structural elements" shall mean the exterior building roof, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordexterior building walls, structural supports, foundation, plumbing, and diligently prosecute it existing utility access lines to completionthe property. Lessor shall replace or repair all defective fixtures which would impede or otherwise impair the normal operation of the heating, then Landlord shall have cooling and ventilation systems, electrical systems and interior lighting systems for the right, but property. Lessor shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant liable for any reasonable damagedamages to Lessee or the property of Lessee resulting for Lessors failure to make any repairs required by this section unless written notice of the need for such repairs has been given to Lessor by Lessee and Lessor has failed for a period of forty-five day after receipt of the notice to make the needed repairs, inconvenience unless Lessor is prevented from making such repairs by causes not the fault of the Lessor. Notwithstanding anything to the contrary in this section, Lessee shall promptly reimburse Lessor for the full cost of any repairs made pursuant to the section required because of the negligence or interference with Tenant's other fault, other than normal and proper use of the Premises as a result of performing leased premises. Lessee shall maintain and repair any such work.
(3) Landlord will maintainimprovements, repair fixtures and replace all structural components utility installations on or for the benefit of the Premises leased premises in good condition and repair during the roof term. Lessee shall perform the required maintenance and repair in. a prompt manner and Lessee shall not have the right to perform repairs or maintain the leased premises for or on behalf of Lessor, and for such purposes Lessee expressly waives all right to make repairs or perform maintenance on or about the leased premises at Lessors expense. Lessor reserves the right to enter the leased premises at reasonable times to inspect them or to perform any maintenance or repair Lessor deems necessary, or to make additions or alterations to any part of the Buildingleased premises, and if a repairLessee shall permit Lessor to do so. In connection with such alterations, replacement additions or alteration or other change would be considered a capital improvement or replacement repairs, Lessor may erect scaffolding and similar structures, post relevant notices and place moveable equipment without any obligation to the Premises under generally accepted accounting principles, then it shall be Landlordreduce Lessee's responsibility rent during such period and without incurring any liability to promptly make and pay Lessee for such repair, replacement, alteration or other change. The cost disturbance of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage quiet enjoyment of the Building by the square footage premises or loss of all buildings benefitted by occupation thereof, provided however that Lessors endeavor to conduct such improvement, including the Building) activities in manner to avoid unreasonable interference with Lessee's use and occupancy of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseleased premises.
Appears in 1 contract
Maintenance and Repairs. (1) Except All ordinary and customary maintenance, repairs and replacements to the Leased Premises shall be performed by Tenant, at its own expense, including all necessary repairs to pipes, heating systems, plumbing systems, electrical systems, window glass, doors, fixtures, interior decorations, and all other appliances and appurtenances. Such repairs ordinary as well as extraordinary, shall be made promptly, as and when necessary. All such repairs and replacements shall be in quality and class at least equal to the original work. On default of the Tenant in making such repairs or replacements, the Landlord may, but shall not be required to, make such repairs and replacements for matters specified under Paragraph 4 above the Tenant's account, and Paragraph 8A(3) below the expense shall constitute and be collectable as being Landlordadditional rent, together with interest thereon at the rate of twelve percent per annum until paid. Landlord shall be responsible for maintaining the structural components of the Leased Premises including but not limited to, the roof, foundation, exterior walls and interior support systems unless caused by Tenant's obligationact or negligence, in which case, Tenant shallshall pay for all necessary repairs and replacements to the extent not covered by insurance. Tenant shall be responsible for and pay for the routine maintenance of the Leased Premise's asphalt and concrete areas including the ingress and egress areas, at parking lots and storage areas. For that purpose, routine maintenance shall be limited to sealing cracks in the asphalt and concrete to the extent that such cracks can effectively be repaired by sealing. In addition, Tenant shall be responsible for any damages Tenant or Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails invitees cause to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premisesthese areas. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordthese areas need other than routine maintenance repairs, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of invitees have not caused the Premises as a result of performing any need for such work.
(3) repairs, Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay responsible for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premisesrepairs. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of not allow or permit any public authority relating solely to Tenant's use waste of the Leased Premises. If a repair is required as a result , and shall keep the leased grounds free of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs trash or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasedebris.
Appears in 1 contract
Sources: Stock Purchase Agreement (Hia Inc)
Maintenance and Repairs. (1) 8.1 Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationprovided in Section 8.3 below, Tenant shall, at Tenant's sole cost will keep and expense, maintain the Premises and all fixtures and equipment located therein in clean, safe and sanitary condition, will take good ordercare thereof and make all required repairs thereto, and will suffer no waste or injury thereto. At the expiration or other termination of the Lease Term, Tenant shall surrender the Premises, broom clean, in the same order and condition and repairin which they are in on the Lease Commencement Date, ordinary wear and tear and unavoidable damage by fire the elements excepted. Landlord, at its cost, shall provide replacement tubes for all fluorescent light fixtures in the Premises on the Lease Commencement Date. All other bulbs, tubes and casualty exceptedlighting fixtures for the Premises shall be provided and installed by Landlord at Tenant's cost and expense.
8.2 Except as otherwise provided in Article XVII hereof, including: all injury, breakage and damage to the interior surfaces Premises and to any other part of the ceilingsOffice Complex caused by any act or omission of Tenant, walls or of any agent, employee, subtenant, contractor, customer or invitee of Tenant, shall be repaired by and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the sole expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event except that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligatedat its option, to do make such acts repairs and expend such funds at to charge Tenant for all costs and expenses reasonably incurred by Landlord in light of the expense urgency, as determined by Landlord in its sole judgment, of the repairs, solely in connection therewith as additional rent hereunder. The liability of Tenant as are reasonably required to perform for such work. costs and expenses shall be reduced by the amount of any insurance proceeds received by Landlord on account of such injury, breakage or damage.
8.3 Landlord shall have no liability to Tenant for any reasonable damagekeep and maintain the exterior and demising walls, inconvenience or interference with Tenant's use foundations, roof and common areas that form a part of the Premises as a result of performing any such work.
Building (3) Landlord will maintainincluding the windows, repair and replace all structural components of the Premises elevators, base sprinkler system), and the roof mechanical, electrical, HVAC, plumbing and other operational systems of the Building, pipes and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to conduits that are provided by Landlord in the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage operation of the Building or, on a non-exclusive basis, the Premises in clean, safe, sanitary and operating condition in accordance with standards customarily maintained by first-class office buildings in the square footage of Bethesda, Maryland area, and will make all buildings benefitted by such improvement, including the Building) required repairs thereto. All common or public areas of the annual amortized amount. Such payment will Office Complex and the land upon which it is situated (including without limitation the first floor lobby area and the exterior landscaping) shall be made maintained by Tenant as set forth Landlord in Paragraph 4 above. Landlord shall do all acts required to comply accordance with all applicable lawsstandards customarily maintained by first-class office buildings in the Bethesda, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the PremisesMaryland area. Tenant shall do all acts required to comply promptly provide Landlord with all applicable laws, ordinances, regulations and rules written notice of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the defect or need for repairs in or about the Office Complex or the making Building of repairs (or both) which Landlord Tenant is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusableaware; provided, however, that Tenant Landlord's obligation to repair hereunder shall not be entitled limited to a pro rata abatement matters of rent under the foregoing due to unusability (i) caused directly or indirectly which it has been given notice by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 1 contract
Sources: Lease Modification and Extension Agreement (E Centives Inc)
Maintenance and Repairs. (1) A. Landlord's Obligations ---------------------- Except for matters specified under Paragraph 4 above special or non-standard systems and Paragraph 8A(3) below as being Landlordequipment installed for Tenant's obligationexclusive use, Tenant Landlord shall, at Landlord's initial cost and expense subject to reimbursement by Tenant of Tenant's sole Proportionate Share of such cost and expenseexpense as an Operating Cost, maintain the Premises keep in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Leasethe heating, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, ventilating and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts air conditioning and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of other mechanical systems which service the Premises as a result well as other premises within the Building; the foundations, exterior walls, structural condition of performing any such work.
(3) Landlord will maintaininterior bearing walls, repair and replace all structural components roof of the Premises and Building; and the roof parking lots, walkways, driveways, landscaping, fences, signs and utility installations and other Common Areas of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 aboveProject. Landlord shall do all acts required not be in breach of its obligations under this Section unless Landlord fails to comply with all applicable lawscommence, ordinanceswithin three (3) days after written notice of a need for such repairs or maintenance is given to Landlord by Tenant, regulations and rules of to thereafter diligently prosecute to completion, any public authority relating repairs or perform maintenance which it is obligated to the Premisesperform hereunder, except to the extent that the foregoing are solely a result of and such failure materially and adversely affects Tenant's use of business operations in the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled required to a pro rata abatement of rent under the foregoing due to unusability (i) make any repairs for damage caused directly or indirectly by any negligent or intentional act or omission of Tenant or any person claiming through or under Tenant or any of Tenant's servants, employees, agentssuppliers, contractorsshippers, visitors customers or licenseesinvitees, unless Tenant or another party agrees to pay Landlord for Landlord's actual costs therefor, or unless Landlord elects to file an insurance claim as provided in Section B below; otherwise, Tenant shall, with the consent and under the direction of Landlord, repair such damage at its sole cost and expense. Tenant hereby waives and releases any right it may have to make repairs to the Premises, Building or Project at Landlord's expense under any law, statute, ordinance, rules and regulations now or hereafter in effect in any jurisdiction in which the Project is located. Tenant understands that, due to the seven days a week, twenty-four hours a day nature of Tenant's business, Landlord may find it necessary to temporarily interrupt utility and other Building services in order for Landlord to perform periodic or other necessary repair, maintenance and replacement activities. Except in the case of emergency, Landlord will (i) use all reasonable efforts to minimize any interference in Tenant's business operations, (ii) where in connection with scheduled maintenance or repair when Landlord anticipates that electrical service will be interrupted for a period of time less than one (1) hour, provide Tenant makes a decorationand Tenant's facility manager previously identified to Landlord with not less than two (2) hours prior notification, alteration, improvement or addition which directly causes such unusability, or and (iii) where in connection with scheduled maintenance or repair when Landlord anticipates that electrical service will be interrupted for a period of time of one (1) hour or longer, provide Tenant and Tenant's facility manager previously identified to Landlord with not less than ten (10) days prior notification, and at Tenant's request and if reasonably able to do so, Landlord will perform such scheduled maintenance and repair (anticipated to cause an electrical interruption of greater than one (1) hour) during the repair in question is one which Tenant is obligated to furnish under the provisions midnight shift of this LeaseTenant's employees or at such other time as may be reasonably requested by Tenant.
Appears in 1 contract
Maintenance and Repairs. (1A) Lessee shall keep the Leased Premises in good condition, reasonable wear and tear excepted, and shall, in the use and occupancy of the Leased Premises, conform to all laws, orders and regulations of the Federal, State and Municipal governments, or any of their departments, and regulations of the New York Board of Fire Underwriters, applicable to the Premises. Lessee shall not be required to perform any maintenance, repairs or replacements necessitated by the negligence of Lessor, its servants, agents, or employees, or structural defects or deficiencies in the Building, or by fire, or other casualty.
(B) Except for matters specified under Paragraph 4 such maintenance, repairs, and replacements as are required by (A) above to be made by Lessee, Lessor shall perform any and Paragraph 8A(3all structural alterations, maintenance, repairs and equipment replacements which may be necessary to maintain the Building in good, safe and tenantable condition.
(C) below Lessee shall permit the Lessor to erect, use and maintain pipes and conduits in and through the Leased Premises, provided the same are installed and concealed behind walls and ceilings of the Leased Premises and do not result in any noticeable loss of Lessee's space. All work necessary in connection with the foregoing shall to the extent possible, be done outside of Lessee's regular business hours. The Lessor or its agents shall have the right to enter the Leased Premises to make such repairs or alterations as being Landlord's the Lessor reasonably deems desirable for the proper operation of the Building and shall have the right to enter the Leased Premises at any time on reasonable advance notice to Lessee to examine them or when necessary for the protection of the Leased Premises or the Building. The Lessor, provided it proceeds with due diligence, shall be allowed to take all material into and upon the Leased Premises that may be required for such repairs or alterations without the same constituting an eviction of Lessee in whole or in part and without any abatement or diminution of Fixed Rent or Additional Rent. In the making of such repairs or alterations, the Lessor, to the extent practicable and consistent with efficiency and economy, shall exercise reasonable diligence so as to minimize the disturbance of or interference with the business of Lessee. Nothing herein contained, however, shall be deemed or construed to impose upon the Lessor any obligation, Tenant shallresponsibility or liability whatsoever for the care, at Tenant's sole cost and expense, maintain supervision or repair of the Premises or any part thereof, other than as herein provided. The Lessor shall also have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Lessee therefor, to change the arrangement or location of entrances or passageways, doors and doorways and corridors, stairs, toilets, or other public parts of the Building, provided that no changes shall be made without Lessee's consent where such changes would adversely affect Lessee's ingress and egress to and from the Leased Premises from the street floor or from the lobby of the Building or from the hallway or lobby of the Building. Lessee shall at all times during the term of this Lease, and any extension thereof, permit inspection of the Leased Premises during business hours, by the Lessor and its agents or representatives, or by or on behalf of prospective lessees. Except in the case of emergency, any such inspection will be on at least twenty-four (24) hours' notice. Such inspection will be done in a manner so as not to unreasonably interfere with Lessee in the conduct of its business.
(D) Damages resulting from any act of the Lessee or its employees, contractors, agents, licensees or invitees shall be repaired by the Lessee, or, if repaired by the Lessor, all costs shall be charged to the account of the Lessee.
(E) All repairs or replacements by Lessee or Lessor shall be of first quality and done in good orderand workmanlike manner. If Lessee is charged with making such repairs, condition restorations and repairreplacements, ordinary wear the contract or chosen by Lessee to do such repairs, restorations or replacements shall be subject to Lessee's approval and tear further, if Lessee shall fail within fifteen (15) days' written request from Lessor to commence the making of such repairs, restorations and damage replacements and complete the work with reasonable diligence, they may be made and completed by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or Lessor but at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the PremisesLessee.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 1 contract
Maintenance and Repairs. (1) Except Landlord shall make all necessary repairs to the outer walls, roof, downspouts, gutters and basic structural elements, building systems and common areas of the Building. Landlord may decorate, make repairs, construct alternations, additions, changes or improvements whether structural or otherwise in and about the Building or the Complex, or any part thereof, and for matters specified under Paragraph 4 such purposes may enter upon the Leased Premises and, during the continuance of any such work, temporarily close doors, entryways, public space and corridors in the Building, interrupt or temporarily suspend building services and facilities and change the arrangement and location of entrances, passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the building, provided that in no such event shall the Tenant's continued operation of its business in the Leased Premises be unreasonably interrupted and provided that nothing set forth above and Paragraph 8A(3) below as being Landlordshall unreasonably interrupt Tenant's obligation, access to the Leased Premises. Tenant shallwill, at Tenant's its sole cost and expense, keep and maintain the Leasehold Improvements in the condition that existed on the date the Leased Premises was first occupied by Tenant and in good orderproperly functioning, safe, orderly and sanitary condition, will make all necessary replacements thereto, will suffer no waste or injury thereto, and will at the expiration or other termination of the Term of this Lease, surrender the same with all improvements in the same order and condition and repairin which they were on the Commencement Date, or in the condition as the Leased Premises may be improved after the Commencement Date, ordinary wear and tear and casualty damage excepted. Tenant shall repair or replace, at Tenant's cost and expense, any damage done to the Leased Premises, the Building, the Complex, or any part thereof, caused by Tenant or Tenant's agents, employees, invitees, or visitors, and restore the same to the condition it was in prior to such damage. All repairs and replacements shall be effected in compliance with all building and fire codes and casualty excepted, including: the interior surfaces of the ceilings, walls other applicable laws and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that regulations. If Tenant fails to maintain the Premises in good order, condition and repair as required under this Leasemake such repairs or replacements promptly, Landlord may, at its option, make the repairs or replacements, and Tenant shall give Tenant prior written notice pay the cost thereof including but not limited to do such acts a charge for Landlord's overhead to Landlord immediately on demand as are part of the Rent due hereunder. Any repairs required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant shall be performed only by contractor(s) designated or approved by Landlord and only upon the prior written approval of Landlord as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premiseswork to be performed and materials to be furnished in connection therewith. Further, except in Landlord's sole discretion, Landlord may perform the work to the extent that the foregoing are solely a result be done by Tenant under this paragraph with contractors of TenantLandlord's use of the Premises. choosing and Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay reimburse Landlord for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs thereof or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders direction pay such contractors directly and immediately upon demand. Failure of Landlord to strictly enforce or perform the terms hereof shall not constitute a material portion waiver of any of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasehereof.
Appears in 1 contract
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above It is understood and Paragraph 8A(3) below as being Landlord's obligation, Tenant agreed that the Landlord shall, at Tenant's its sole cost and expense, maintain keep and maintain, during the term of the Lease or any extension or renewal thereof, the foundations, and structural support portions of the building and improvements in which the Demised Premises are located, including the structural portions of the roof, in good order, proper condition and in a good state of repair, ordinary wear and tear and damage . Landlord shall not be responsible for any maintenance or repair caused by fire and casualty excepted, including: the interior surfaces fault or neglect of the ceilingsTenant, walls or due to hazards and floors; all doors risks covered or required to be covered by insurance hereunder except as insurance proceeds are available therefore. All other maintenance and interior windows; furnishings installed repair including, but not limited to, painting of walls, and maintenance, repair and replacement of equipment, shall be the responsibility of the Tenant. Any repairs or maintenance required to the roof membrane, or any repainting of the exterior walls, shall be accomplished by the Landlord and reimbursed by the Tenant as a common area maintenance expense as further defined herein. It is understood and agreed that should either party to this Agreement fail or refuse to start and to proceed thereafter with due diligence to make any repairs or maintenance as may be reasonably necessary for the purpose of fulfilling the terms and conditions of the agreements herein set forth within a reasonable length of time (not to exceed seven (7) business days) after being notified in writing of the Premises; all equipment installed by or need thereof, that the other party hereto may make such repairs at the cost and expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to party so maintain the Premisesfailing or refusing. In the event that of an emergency situation, Tenant fails may, in its discretion, make emergency repairs without giving written notification to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of reimburse Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that such repairs were the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion responsibility of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall Landlord hereunder and were not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission the fault of Tenant or Tenant's agents. The rights of Tenant hereunder specifically do not include the right to offset or deduct any amounts claimed hereunder from rentals due. Landlord reserves the right to enter upon the Demised Premises (in a manner that will not unnecessarily interfere with the business of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.during business hours at any time to
Appears in 1 contract
Sources: Lease Agreement (Iomed Inc)
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 Notwithstanding any other provisions of this Lease, Landlord shall repair and maintain the structural portions of the Buildings, including the elevators, plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of Tenant, its agents, servants, employees, licensees or invitees, in which case Tenant shall pay to Landlord, on demand, the cost of such maintenance and repairs less the amount of any Insurance proceeds received by Landlord on account thereof, if applicable. Landlord shall also maintain and keep in good order and repair the Building exterior and roof; all exterior doors, including any exterior plate glass within the Building; the Building ventilating systems; and public portions of the Building or Building Complex, including but not limited to the parking areas (including maintaining parking space line striping on an ongoing basis as necessary) landscaping and interior portions of the Building above and Paragraph 8A(3below grade which are not covered by leases and are otherwise under the control of Landlord.
(b) below as being Landlord's obligation, Tenant shallTenant, at Tenant's ’s sole cost and expense, except for services furnished by Landlord pursuant to Section 5 hereof, shall maintain, in good order, condition and repair, the Premises in their condition as of date or dates of Tenant’s actual possession of the Premises including, without limitation, the interior surfaces of the ceiling (if damaged or discolored due in whole or in part to the act, neglect, omission or fault of Tenant), walls and floors, subject to the provisions of Section 12 hereof. In the event Tenant fails to so maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are reasonably required to so maintain the Premises. In the event that Tenant fails to promptly commence such work within 30 days after written demand by Landlord, and diligently prosecute pursue it to completion, then Landlord shall have the right, but shall not be obligatedrequired, to do such acts and expend such funds at the expense of the Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's the use of the Premises by Tenant as a result of performing any such work.
(3c) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations regulations, rules and rules orders of any public authority relating solely directly to Tenant's use ’s operations.
(d) Whenever a special HVAC System is installed in all or part of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant shall enter into a regularly scheduled preventative maintenance and service contract, at Tenant’s sole cost and expense, with an experienced maintenance and service contractor for servicing all such heating, air conditioning and ventilation systems and equipment, and shall provide Landlord with a copy of the same. The contractor and contract are both subject to Landlord’s prior approval, which approval will pay for not be unreasonably withheld or delayed. Such contract shall include, at a minimum, all services recommended by the cost equipment manufacturer and must be effective within thirty (30) days of such repairthe Commencement Date hereof. Notwithstanding anything in this Lease Landlord shall retain all manufacturers’ warranty information, if any, and will cooperate with the Tenant to the contrary, in the event that the need for extent warranty repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaserequired.
Appears in 1 contract
Sources: Lease Agreement (Zynex Inc)
Maintenance and Repairs. (1) Except LESSEE shall maintain the interior of said Premises in a reasonable state of repair and good order and, upon vacating said Premises, shall leave the interior in a condition at least equivalent to its present condition and state of repair, save and except for matters specified under Paragraph 4 above the consequences of reasonable wear and Paragraph 8A(3) below as being Landlord's obligation, Tenant usage. LESSOR shall, at TenantLESSOR's sole cost and expense, maintain the building and any related structures which serve the leased Premises (other than those which are the specific responsibilities of LESSEE as provided for herein) in good ordera safe and useable condition. LESSOR shall also maintain, condition at ▇▇▇▇▇▇’s sole cost and expense, the roof, foundation, exterior walls, mechanical equipment (i.e., air conditioning/heating (HVAC) units), electrical equipment (i.e., wiring and lighting), general plumbing, and sewer lines which serve the leased Premises. Notwithstanding the above, LESSEE shall be responsible for and make any single minor repair, ordinary wear including ballast for lights, of one hundred and tear fifty hundred dollars and no cents ($150.00) or less, not to exceed one thousand five hundred dollars and no cents ($1,500.00) per fiscal year during the occupancy under this lease. LESSEE must notify the LESSOR of any non-emergency repair in excess of one hundred and fifty dollars and no cents ($150.00) prior to performing said repair. LESSOR shall be responsible for replacement of broken glass to windows or doors to said Premises unless damage is caused by fire ▇▇▇▇▇▇. Plumbing and casualty exceptedsewer problems or glass breakage attributed to misusage by ▇▇▇▇▇▇ or determined to be the act of any client associated with LESSEE’s program(s) shall be the responsibility of LESSEE. All services, including: which are the interior surfaces responsibility of the ceilings, walls LESSOR shall be provided as shall be reasonably necessary for the comfortable use and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense occupancy of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord by LESSEE during business hours. LESSEE shall give Tenant prior written notice to do such acts as notify LESSOR where corrective actions are required to so maintain give LESSOR the Premisesopportunity to correct such actions within a reasonable time. In the event that Tenant fails cases of emergency where corrective actions are required or where there is imminent danger to commence such work within 30 days after written demand by Landlordlife or property, and diligently prosecute it to completion, then Landlord LESSEE shall have the right, but shall not be obligated, option to do make or have made such acts repairs and expend invoice LESSOR or deduct from the monthly rent such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such workcosts.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationA. Throughout the Term of this Lease, Tenant shall, at Tenant's ’s sole cost and expense, perform all maintenance necessary to keep the Premises and every part thereof in safe, sound and lawful order, repair and working condition to keep the same in the condition that existed on the Commencement Date, ordinary wear and tear or casualty excepted, by means of service contracts and/or as may otherwise be provided herein, and make and/or provide any and all necessary (i) interior cleaning, janitorial or custodial services and regular extermination services; and (ii) routine building system maintenance including, without limitation, servicing of the HVAC, elevator(s), fire alarms, sprinklers and other systems and fixtures and other equipment therein serving the Premises for which normal servicing is customary and reasonable, and (iii) keep the Premises and adjacent sidewalks free from rubbish, snow and ice, dirt, rubbish and unlawful obstructions. Except as otherwise explicitly set forth herein, ▇▇▇▇▇▇ further agrees, at Tenant’s sole cost and expense, to make (or cause to be made, under the existing assigned warranties described in subsection D below) all repairs to the interior of the Premises, including structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, including, without limiting the generality of the foregoing, electrical, HVAC and plumbing systems, hot and cold water systems, gutters, elevator(s), windows (including frames and mechanisms) mechanical, lighting, fire alarms, sewer, gas, sprinkler and other utility systems and fixtures and other equipment therein or serving the Premises as shall be necessary to keep and maintain the same in such safe and sound order and condition and in compliance with all Legal Requirements and Insurance Requirements. When used in this Lease, the term “Repairs” shall include (without limitation) all necessary replacements, alterations and additions. All repairs to be made by Tenant shall be performed in a good and ▇▇▇▇▇▇▇-like manner, utilizing industry standard materials, fixtures and equipment, and shall be made in compliance with all Governmental Requirements and Insurance Requirements, whether now existing or hereinafter imposed. If the Premises becomes infested with vermin, Tenant, at Tenant’s expense, shall cause the same to be exterminated.
B. Tenant shall not commit waste and use best efforts not to overload the Building’s systems (e.g., plumbing, electrical, HVAC, mechanical, life-safety, etc.) or subject the Premises to any use that would damage the Premises. Tenant shall secure and maintain all certificates, permits, licenses, and approvals required for Tenant’s use of the Premises, other than the TCO or PCO as set forth in Article 16 below. Tenant shall prevent the escape of objectionable or offensive noise, smoke or odors from the Premises.
C. Except as otherwise set forth herein, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building, or the Premises, or in or to fixtures, appurtenances, or equipment thereof.
D. Except as hereinafter set forth, during the Term of this Lease, Landlord shall not under any circumstance be required to make any improvements to the Premises or to make any repairs, replacements, alterations or renewals of any nature or description to the Premises unless necessitated by the gross negligence or willful misconduct of Landlord. Solely during period from the Commencement Date until the Option Expiration Date, Landlord agrees that Landlord shall, at its sole cost and expense, maintain and repair all structural portions of the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty exceptedPremises, including: , without limitation, the interior surfaces foundation and façade (including any waterproofing), structural columns, mechanical risers, concrete slabs roof and setback, but only to the extent such repairs and maintenance are not caused by Tenant’s negligence or willful misconduct. Parties acknowledge the cost of the ceilingssame shall be included in the total Project Costs. Landlord agrees to assign or provide all construction, walls and floorsequipment or materials warranties to Tenant (to the extent such warranties are assignable; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event provided that Tenant fails ▇▇▇▇▇▇▇▇ agrees to maintain the Premises in good order, condition and repair as required under this Lease, use commercially reasonable efforts to provide that such warranties are assignable). Landlord shall give use commercially reasonable efforts to assist Tenant prior written notice to do such acts as are required to so maintain in making a claim on the Premises. In the event warranties, provided however that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, obligated to do incur any expenses in making such acts and expend such funds at the expense of Tenant as are reasonably required to claim or perform such work. Landlord shall have no liability any corrective work or be liable to Tenant for in any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth way in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repairconnection therewith. Notwithstanding anything to the contrary in this Lease Section 10, Landlord and/or its affiliates shall provide Tenant with a developer warranty for period of one (1) year following Substantial Completion of the Improvements. Notwithstanding anything herein to the contrary, in after the event that the need Option Expiration Date, Tenant is solely responsible for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion maintaining and repairing all structural portions of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeasePremises.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above 15.1 The Lessee shall:
15.1.1 keep the leased premises, including the interior and Paragraph 8A(3) below as being Landlord's obligationexterior of all windows, Tenant shalland all its contents clean, at Tenant's sole cost tidy and expense, maintain the Premises in good order, condition and repair, ordinary wear ;
15.1.2 be responsible for the maintenance and tear and repair of any/all damage by fire and casualty excepted, including: to the interior surfaces of the ceilingsleased premises and to the interior and exterior of all doors, walls door frames and floors; handles, shop/office fronts and windows, window frames and handles, irrespective of how such damage occurred;
15.1.3 at its own cost maintain, and where necessary, replace any fire extinguishing equipment, fire detection or alarm system, power supply and electrical systems, including but not limited to electrical outlets, plugs and distribution boards, installed in the leased premises. The Lessee shall keep records of all doors such equipment and interior windows; furnishings installed systems and the maintenance or replacement thereof, in terms of applicable legislation;
15.1.4 not cause or permit any obstruction or blockage in sewerage pipes, water pipes or drains serving the leased premises and/or the property, and in the event of there being any obstruction or blockage shall pay upon demand to the Lessor, the price for removing such obstruction or blockage;
15.1.5 maintain at its own cost the drainage, plumbing installations, including but not limited to the geysers, sanitary fittings and works in the leased premises and replace any damaged or faulty installations;
15.1.6 be responsible for the cost of maintaining all air-conditioning units in good order and condition which maintenance shall be undertaken by the Lessor;
15.1.7 replace at its own cost all light fittings, fluorescent tubes, starters, globes, ballasts, diffusers and incandescent lamps used in the leased premises;
15.1.8 shall be responsible for the pest control in the leased premises. If the Lessee does not exercise proper pest control in the leased premises, then the Lessor can cause pest control to be exercised in those leased premises and charge the relevant amounts to the Lessee. If, as a result of such pest control not being properly exercised by the Lessee, pest problems develop elsewhere in the property, then the Lessee will be liable for whatever costs are incurred by the Lessor in taking care of such pest control in the property.
15.2 The Lessor shall be responsible for the maintenance of, and for all repairs and replacements becoming necessary from time to time in or to, the building and all parts thereof other than those which are the responsibility of the Lessee or Body Corporate or local authority, and the Lessor’s obligations in respect thereof shall include the maintenance and repair of the structure of the building, all systems, works and installation contained therein (other than those which are the responsibility of the Lessee or other Lessees within the Premises; all equipment installed by or at building), the expense of Tenant; roofs, the exterior walls, the lifts (if applicable), the grounds and gardens, and all plumbingother parts of the common areas, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within via the PremisesBody Corporate where applicable.
(2) 15.3 The Lessor shall not, however, be in breach of clause 14.2 above insofar as any of its obligations thereunder are not or cannot be fulfilled by reason of any Force Majeure or the acts of omissions of others over whom the Lessor has not direct authority or control, and where the Lessor is indeed in breach of clause 14.2, the Lessee’s only remedy against the Lessor shall be a right of action for specific performance.
15.4 In the event that Tenant the responsible party fails to maintain the Premises attend to any maintenance or repairs in good order, condition and repair as required under terms of this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completionlease agreement, then Landlord shall have the rightother party shall:
15.4.1 give the responsible party 14 (fourteen) days written notice, but shall not be obligated, calling upon the responsible party to do attend to such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.maintenance/repairs;
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, 15.4.2 in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business daysresponsible party does not do so within that period, then Tenant the other party shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilityitself to, or (iii) where through someone else, attend to such maintenance and repairs and claim the repair in question is one which Tenant is obligated to furnish under cost thereof from the provisions of this Leaseresponsible party.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above Concessionaire shall maintain all concession facilities and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, personal property and equipment on the Premises in good condition and repair at TenantConcessionaire's sole cost and expenseexpense at all times during the term of this Contract. Such maintenance shall conform to State Park standards as stated in Chapter 8 of the State’s Department Operations Manual (DOM), and in accordance with Exhibit H, “Maintenance Schedule” and Exhibit I, “Secretary of the Interior’s Standards for the Treatment of Historic Properties”, attached to and made a part of this Contract. For the purposes of this Contract, the term “maintenance” is defined as all repair and preservation work necessary to maintain the Premises concession facilities and personal property and equipment in a good order, condition and state of repair, ordinary wear and tear and damage by fire and casualty exceptedas well as to preserve them for their intended purpose for an optimum useful life. Subject to the availability of funds, including: the interior surfaces State shall be responsible for the stability of the ceilingsbuilding and maintaining the building roof and exterior walls. Any maintenance, walls repair, or replacement which in any way affects the historical integrity or interpretation of the building must be submitted in advance using a “Concession Maintenance Project Proposal” form, attached to and floors; all doors made part of this Contract as Exhibit J, for review and interior windows; furnishings installed within approval by the State in writing. Should Concessionaire fail, neglect, or refuse to undertake and complete any required maintenance, State shall have the right to perform such maintenance or repairs for Concessionaire. In this event, Concessionaire shall promptly reimburse State for the cost thereof provided that State shall first give Concessionaire ten (10) days written notice of its intention to perform such maintenance or repairs. State shall not be obligated to make any repairs to or maintain any improvements on the Premises; all equipment installed by or . Concessionaire hereby expressly waives the right to make repairs at the expense of Tenant; State and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use benefit of the Premises as a result provisions of performing any such work.
(3) Landlord will maintain, repair §§ 1941 and replace all structural components 1942 of the Premises and the roof Civil Code of the Building, and State of California relating thereto if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to any there be. State has made no representations respecting the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost condition of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything specifically set forth in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseContract.
Appears in 1 contract
Sources: Concession Contract
Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant agrees that the Premises are then in a good and tenantable condition, subject to (a) any latent defects of which Tenant notifies Landlord in writing within one (1) Except for matters specified under Paragraph 4 above year after the Final Rent Commencement Date, and Paragraph 8A(3(b) below as being Landlord's obligationcompletion of any "punchlist" items pursuant to the provisions of Exhibit B attached hereto. During the Term, Tenant shall, at Tenant's sole cost expense but under the direction of Landlord, shall repair and expensemaintain the Premises, maintain including the interior walls, floor coverings, ceiling (ceiling tiles and grid), Tenant Improvements, Alterations, fire extinguishers, outlets and fixtures, and any appliances (including dishwashers, hot water heaters and garbage disposers) in the Premises, in a reasonably good condition, and keep the Premises in a clean, safe and orderly condition.
7.2 Landlord shall maintain or cause to be maintained in reasonably good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces structural portions of the ceilingsroof, foundations, floors and exterior walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain each Building contained in the Premises , the Building Systems, the Parking Facility, the public and common areas of such Building or Buildings, such as elevators, stairs, corridors and restrooms, and the public and common areas of the Project, the costs of which items contained in good orderthis Section 7.2 shall be included as a part of Operating Costs, condition subject to the terms, conditions, exclusions and repair as required under limitations contained in Section 3.2 of this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement pay the cost of rent under repairs for any damage occasioned by Tenant's use of the foregoing due to unusability (i) caused directly Premises or indirectly by the Project or any act or omission of Tenant or Tenant's Representatives or Visitors, to the extent (if any) not covered by Landlord's property insurance. Landlord shall be under no obligation to inspect the Premises. Tenant shall promptly report in writing to Landlord any defective condition known to Tenant which Landlord is required to repair. As a material part of the consideration for this Lease, Tenant hereby waives any benefits of any applicable existing or future Law, including the provisions of California Civil Code Sections 1932(1), 1941 and 1942, that allows a tenant to make repairs at its landlord's expense.
7.3 Landlord hereby reserves the right, at any time and from time to time, without liability to Tenant, and without constituting an eviction, constructive or otherwise, or entitling Tenant to any abatement of rent or to terminate this Lease or otherwise releasing Tenant from any of Tenant's servantsobligations under this Lease:
(a) To make alterations, employeesadditions, agentsrepairs, contractorsimprovements to or in or to decrease the size of area of, visitors all or licenseesany part of a Building or the Project, the fixtures and equipment therein, and the Building Systems (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilityexcept that Landlord shall not have any right under this provision to materially reduce the size of the Premises, or to permanently, materially and adversely affect Tenant's access to and use of the Premises, except only as may be required to comply with Laws or as a result of any fire or other casualty or Condemnation);
(iiib) where To change the repair Project's name or street address;
(c) To install and maintain any and all signs on the exterior and interior of the Building;s
(d) To reduce, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature of the common areas (including the Parking Facility) and other tenancies and premises in question is one which Tenant is obligated the Project and to furnish create additional rentable areas through use or enclosure of common areas; and
(e) If any governmental authority promulgates or revises any Law or imposes mandatory or voluntary controls or guidelines on Landlord or the Project relating to the use or conservation of energy or utilities or the reduction of automobile or other emissions or reduction or management of traffic or parking on the Project (collectively "CONTROLS"), to comply with such Controls, whether mandatory or voluntary, or make any alterations to the Project related thereto.
(f) In exercising its rights under this Section 7.3, Landlord agrees to use reasonable efforts to minimize any interruption to or disruption of Tenant's use of the provisions of this LeasePremises.
Appears in 1 contract
Sources: Lease Agreement (Inktomi Corp)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's its sole cost and expense, expense shall maintain the Premises and appurtenances and the Leasehold Improvements and every part thereof in good order, condition and repair and in compliance with all Legal Requirements and will take all action and will perform all interior and exterior, structural and non-structural, foreseen and unforeseen, ordinary and extraordinary, maintenance and repairs (including, without limitation, all necessary replacements, renewals, alterations, additions and any other work required following destruction or Condemnation of the Premises and/or Leasehold Improvements to the extent required under this Lease or as a condition of the continued use of the Premises or the Leasehold Improvements or any work required by any order of any court or governmental agency) required to keep all parts of the Premises and Leasehold Improvements in good repair and condition and in compliance with all Legal Requirements. Landlord shall not be required to maintain, repair or rebuild all or any part of the Premises and Leasehold Improvements and shall have no obligation to maintain all or any part of the Premises or Leasehold Improvements. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord’s expense or to terminate this Lease because of Landlord’s failure to keep the Premises or Leasehold Improvements in good order, condition and repair. All maintenance and repairs made by Tenant pursuant to this Section 9 shall be performed in compliance with Section 9.2 below. Landlord, at its option, may make periodic inspections of the Premises upon reasonable prior notice to Tenant (and, if applicable, any occupants of the Leasehold Improvements) for the purpose of determining Tenant’s satisfaction of its obligations under this Section. In the event Tenant fails to maintain the Premises and Leasehold Improvements in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are reasonably required to so maintain the PremisesPremises and/or Leasehold Improvements. In the event that of any damage or destruction to the Premises or Leasehold Improvements, Tenant shall promptly evaluate such damage or destruction and commence repair or restoration of the Premises and Leasehold Improvements within the time frame and on the terms and conditions set forth in Sections 18 and 19 of this Lease, and shall thereafter diligently prosecute such repair and restoration to completion. In the event Tenant fails to promptly and diligently commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand as Additional Rent with interest at twelve percent (12%) per annum from the date of such work until paid. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's the use of the Premises or the Leasehold Improvements by ▇▇▇▇▇▇ as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything Nothing in this Lease shall imply any duty or obligation upon the part of Landlord to do any such work or to make any such alterations and repairs and the contrary, in the event that the need for repairs or the making of repairs (or both) which performance thereof by Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to constitute a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any waiver of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where ’s default in failing to perform the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasesame.
Appears in 1 contract
Sources: Ground Lease
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole its own cost and expense, maintain the Premises in good order, condition and repair, ordinary wear repair and tear and damage by fire and casualty excepted, including: replace as necessary the interior surfaces of the Demised Premises, including but not limited to the heating, air conditioning and ventilation systems, glass, windows and doors, sprinkler, all plumbing and sewage systems, fixtures, interior walls, floors (including floor slabs), ceilings, walls storefronts, plato glass, skylights, all electrical facilities and floors; all doors equipment including, without limitation, lighting fixtures, lamps, fens and interior windows; furnishings installed within the Premises; all any exhaust equipment installed by or at the expense of Tenant; and systems, electrical motors, and all plumbingother appliances and equipment (including, without limitation, dock levelers, dock shelters, dock seals and dock lighting) of every kind and nature located in, upon or about the Demised Premises, except as to such maintenance, repair and replacement as is the obligation of Landlord pursuant to Section 10(b). During the Term, Tenant shall maintain in full force and effect a service contract for the maintenance of the heating, ventilatingventilation and air conditioning systems with an entity reasonably acceptable to Landlord. Tenant shall deliver to Landlord (i) a copy of said service contract prior to the Lease Commencement Date, electrical and lighting facilities (ii) thereafter, a copy of a renewal or substitute service contract within thirty (30) days prior to the expiration of the existing service contract Tenant's obligation shall exclude any maintenance, repair and fixtures; all landscapingreplacement required because of the act or negligence of Landlord, parking lotsits employees, fences and signs located within contractors or agents, which shall be the Premisesresponsibility of Landlord.
(2b) In the event that Tenant fails to Landlord shall, at its own cost and expense, maintain the Premises in good order, condition and repair as required under this Leasethe roof, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain foundation (beneath the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, floor slab) and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use structural frame of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Building Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The obligation shall exclude the cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage maintenance or repair required because of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission negligence of Tenant or any of Tenant's servants, employees, or such subsidiaries' or affiliates' agents, contractors, visitors employees, licensees and invitees (collectively, "Tenant's Affiliates"), the cost of which shall be the responsibility of Tenant.
(c) Unless the same is caused solely by the negligent action or licenseesinaction of Landlord, (ii) where its employees or agents, and is not covered by the insurance required to be carried by Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where pursuant to the repair in question is one which Tenant is obligated to furnish under the provisions terms of this Lease, Landlord shall not be liable to Tenant or to any oilier person for any damage occasioned by failure in any utility system or by the bursting or leaking of any vessel or pipe in or about the Demised Premises, or for any damage occasioned by water coming into the Demised Premises or arising from the acts or neglects of occupants of adjacent property or the public.
Appears in 1 contract
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant The Lessor shall, at Tenant's sole cost and expenseunless hereinafter specified to the contrary, maintain the Premises said premises, including roads, driveways, fences, gates, patios, and walkways on the said property in good orderand tenantable condition. This maintenance shall include the maintenance of all foundations, condition underpinnings, sewage systems, drainage facilities, hot and repaircold water systems, ordinary wear electrical systems and tear fixtures, walls, roofs, stairs, fencing, gates, roads, driveways, and damage by fire and casualty exceptedwalkways, including: i.e. the major structural elements of said premises. The Lessor shall undertake to paint or wallpaper the interior surfaces at intervals of years, and paint the exterior of the ceilingspremises at intervals of years unless conditions warrant earlier attention. The Lessor shall maintain the premises in good tenantable condition, walls and floors; all doors and interior windows; furnishings installed as described above. If necessary, the Lessee may provide notice to the Lessor as to maintenance requirements. The Lessor shall carry out required maintenance within ten (10) days after the Premises; all equipment installed date of written notice by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within Lessee to the Premises.
(2) In Lessor that such maintenance repairs are necessary. If the event that Tenant Lessor fails to maintain the Premises in good order, condition and repair premises as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant above and/or fails to commence carry out such work within 30 days after written demand by Landlordmaintenance repairs when notified, and diligently prosecute it to completion, then Landlord the Lessee shall have the right, but shall not be obligated, right to do effect such acts maintenance repairs and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for deduct the cost of such repair. Notwithstanding anything in this Lease from subsequent rental payment(s) due to the contraryLessor until which time the full cost of the maintenance repairs has been recouped by the Lessee. The Lessee shall, in addition, reserve the event that right to make emergency repairs without prior notice to the need Lessor, and the cost of such repairs are to be deducted from subsequent rental payment(s) due to the Lessor until which time the full cost of the emergency repairs has been recouped by the Lessee. For the purpose of this use, "emergency repairs" will constitute those repairs made to prevent destruction or damage to property, danger of personal injury and conditions the Lessee believes to be a hazard to health or of serious inconvenience to the occupant. Emergency repairs shall consist of, but not be limited to, leaking water from pipes or fixtures, leaking roofs, defective sewage lines and cesspools, and defective electrical wiring to fixtures. In accordance with ▇▇▇▇▇▇ ▇▇▇▇, failure of the Lessor to keep the Lessee advised of his/her current addresses (both mailing and e-mail) to be used for official written notifications or temporary unavailability of the Lessor will not be considered sufficient reason for non-receipt of correspondence and subsequent non-compliance with written requests. The Lessor accepts all responsibility in connection with property damage resulting from structural defects in the premises leased or arising from the Lessor's negligent failure to carry out these repairs or the making of repairs (or both) for which Landlord he/she is obligated under this lease. For the purpose of maintaining the premises, the Lessor reserves the right to effect enter the premises at Landlord's expense renders a material portion of reasonable times to inspect the Premises unusable for more than three consecutive business days, then Tenant shall premises and to make any necessary repairs after providing 24 hours’ advance written notice to the Lessee. This 24 hours’ advance notice may be entitled to an abatement of rent commencing with waived by the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) Lessee in cases where the repair in question is one which Tenant is obligated inspection or repairs need to furnish under the provisions of this Leasebe completed quickly.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. (1) Except Landlord shall maintain in good order, condition and repair the external and structural parts of the Building, heating, ventilating, air conditioning, plumbing, sewer and electrical systems of the Building and all other portions of the Building Complex not the obligation of Tenant or any other tenant in the Building; provided, however, that Landlord shall not be liable for matters specified under Paragraph 4 above any damages direct, indirect or consequential, or for damages for personal discomfort, illness or inconvenience of the Tenant, or the Tenant's employees, invitees or other persons by reason of failures of such equipment, facilities or systems or reasonable delays in the performance of such repairs, replacements and Paragraph 8A(3) below as being maintenance, unless caused by the gross negligence of the Landlord's obligation, Tenant shallits servants, agents or employees. Tenant, at Tenant's sole cost and expense, except for services furnished by Landlord pursuant to Section 6 hereof, shall maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: repair including the interior surfaces of the ceilings, walls and floors; , all doors and doors, interior windows; , all plumbing pipes, electrical wiring, switches, fixtures and special items in excess of building standard furnishings installed within the Premises; all and equipment installed by or at the expense of Tenant; . Tenant expressly waives the benefits of any statute, ordinances or other rule of law now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of landlord's failure to keep the Premises in good order, condition and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) repair. In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Leaserepair, Landlord shall give Tenant prior written notice to do such acts as are reasonably required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written promptly commence, upon demand by Landlord, such work and diligently prosecute it to completion, then Landlord landlord shall have the right, but shall not be obligatedrequired, after reasonable notice, except in the case of emergency, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's the use of the Premises by Tenant as a result of performing any such work.
. Tenant shall pay to Landlord on demand the cost of such work plus fifteen percent (3) Landlord will maintain, repair and replace all structural components 15%). Tenant shall pay on demand the cost of replacement of any glass broken on the Leased Premises by virtue of the Premises and the roof negligence of the BuildingTenant, its employees or invitees, including outside windows and if a repairdoors on the perimeter of the Leased Premises during the continuance of this Lease, replacement or alteration or other change would be considered a capital improvement or replacement to unless the Premises under generally accepted accounting principles, then it glass shall be broken by Landlord's responsibility to promptly make and pay for such repair, replacement, alteration its employees or other changeagents. The cost of any such capital improvement shall be amortized over the useful life of such item Landlord and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall each do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required their respective maintenance obligations as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseset forth herein.
Appears in 1 contract
Sources: Office Building Lease (Solera National Bancorp, Inc.)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's its sole cost and expense, shall maintain the Premises and keep in good orderrepair the Common Areas and all building systems and structural components, condition including the HVAC, roof, exterior and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces supporting walls of the ceilingsLeased Premises, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscapingdriveways, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordbus docks, and diligently prosecute it to completionall outdoor space, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to in the event the cost of any such repairs required are a pro rata abatement result of rent under the foregoing due to unusability (i) caused directly negligence or indirectly by any willful act or omission of Tenant or Tenant's agents, employees, or contractors, such cost shall be borne by Tenant. Tenant shall give written notice to Landlord of any needed repairs which are the responsibility of Landlord within five (5) days of Tenant's servantsobservance of same. Tenant at its sole cost and expense, employeeswhether the same shall be the property of Tenant or Landlord, agentsshall promptly repair and at all times protect, contractorsmaintain in good condition and repair, visitors when damaged by Tenant, inside the Exclusive Premises all floors, fixtures, equipment, electrical fixtures, outlets and Tenant equipment, Tenant machinery and hardware, all interior painting or licenseesdecorations of every kind, and all ceiling tiles, except damage to said items caused by roof leakage or any other structural defect. All furnishings, fixtures and equipment used in the Exclusive Premises supplied and installed at the sole cost and expense of Tenant shall at all times be the property of the Tenant and Tenant shall have the right to remove the same from said Exclusive Premises within thirty (ii30) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where days of the repair in question is one which Tenant is obligated to furnish under the provisions termination of this LeaseLease Agreement, provided that Tenant shall be responsible for any and all damages to the Leased Premises caused by Tenant's removing of any furnishings, fixtures and equipment. Landlord shall provide, at its sole cost and expense, all repair, maintenance and replacements necessary to maintain the Common Areas in good condition.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant a. The Lessee shall, at Tenant's sole cost all times during the term and all extensions thereof, at its own expense, put and maintain in thorough repair and in the Premises same or better condition than when received and in good ordera safe condition, condition the leased property and repairits fixtures and equipment and appurtenances (including exterior structural walls and roof) whether or not necessitated by wear, ordinary wear and tear and damage by fire and casualty exceptedtear, including: the interior surfaces obsolescence or defects, latent or otherwise. Lessee shall replace at its sole cost, any part of the ceilings, walls building requiring replacement. Lessee shall be responsible for repair and floors; all doors replacement of any glass breakage. Lessee shall be responsible for maintaining and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; keeping in proper repair all landscaping, parking lotsgrounds, fences sprinkler system, and signs located within the Premisessidewalks.
(2) In b. The Lessee shall not accumulate nor permit the event that Tenant fails to maintain accumulation of dirt, materials or substances which would render the Premises premises unsanitary, unhealthy, unsightly or dangerous. Lessee shall be responsible for janitorial services for the leased premises.
c. On default of the Lessee in good ordermaking such maintenance, condition and repair repairs or replacements as required under this Leaseherein, Landlord shall give Tenant prior written and after thirty (30) days notice to do such acts as are required to so maintain Lessee (except in the Premises. In case of emergency no notice shall be necessary) the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the rightLessor may, but shall not be obligatedrequired to make such maintenance, repairs and replacements for the Lessee's account, and the expense thereof shall constitute and be collectable as Additional Rent, due and payable on the first day of the month next following the month in which the work is performed.
d. Lessee shall not make any changes, alterations, additions, or improvements to do such acts the building without Lessor's prior written approval, which will not be unreasonably withheld.
e. It is expressly understood and expend such funds agreed that all improvements and additions to the leased premises shall become the property of the Lessor at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use termination of the Premises as a result Lease if Lessor so elects; or Lessor may elect to require Lessee to remove any and all of performing any such workLessee's improvements and to restore the premises to the condition at the commencement of the lease. It is agreed that at the termination of the Lease, the premises will be left in good condition.
(3) Landlord will maintainf. Wall, repair and replace all structural components of the Premises and the roof of the Buildingfloor, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it ceiling coverings shall be Landlordinstalled by Lessee only with Lessor's responsibility prior written approval. Said approval not to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseunreasonably withheld.
Appears in 1 contract
Sources: Lease Agreement (BSD Medical Corp)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above 7.1 Landlord agrees that the Premises shall be in a good and Paragraph 8A(3) below as being tenantable condition, at the time possession is tendered to Tenant. Any defects other than latent defects and Punchlist items will be corrected by Landlord if brought to Landlord's obligationattention in writing prior to the second anniversary of the Commencement Date. Any latent defects in the structure of the Building or the Common Areas discovered by Tenant thereafter will be corrected by Landlord. During the Term, Tenant shall, at Tenant's sole cost expense shall repair and expense, maintain the Premises in good orderinterior of the Premises, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: including the interior surfaces of the ceilingswalls, walls floor coverings, ceiling (ceiling tiles and floors; all doors grid), Tenant Improvements, Alterations, fire extinguishers, outlets and interior windows; furnishings installed within fixtures, and any appliances (including dishwashers, hot water heaters and garbage disposers) in the Premises; all equipment installed by or at , as well as the expense of patio area set aside for Tenant; 's exclusive use, in a first class condition, and all plumbingkeep the Premises and the patio area in a clean, heating, ventilating, electrical safe and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premisesorderly condition.
(2) In the event that Tenant fails 7.2 Landlord shall maintain or cause to maintain the Premises be maintained in reasonably good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain all of the Project other than the Premises. In , the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant patio area set aside for any reasonable damage, inconvenience or interference with Tenant's use and Tenant's reception area/furniture in the lobby, and other space leased to tenants, including the structural portions of the Premises as a result of performing any such work.
(3) Landlord will maintainroof, repair foundations, floors and replace all structural components of the Premises and the roof exterior walls of the Building, the Building Systems, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make public and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage common areas of the Building by the square footage of all buildings benefitted by Property, such improvementas elevators, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable lawsstairs, ordinances, regulations corridors and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusablerestrooms; provided, however, that Tenant shall not be entitled to a pro rata abatement pay the cost of rent under repairs for any damage occasioned by Tenant's use of the foregoing due to unusability (i) caused directly Premises or indirectly by the Property or any act or omission of Tenant or Tenant's Representatives or Visitors, to the extent (if any) not covered by Landlord's property insurance. Except as required by law, Landlord shall be under no obligation to inspect the Premises. Tenant shall report in writing to Landlord within a reasonable period of time after discovery any defective condition known to Tenant which Landlord is required to repair.
7.3 Landlord hereby reserves the right, at any time and from time to time, without liability to Tenant, and without constituting an eviction, constructive or otherwise, or entitling Tenant to any abatement of rent or to terminate this Lease or otherwise releasing Tenant from any of Tenant's servantsobligations under this Lease:
(a) To make alterations, employeesadditions, agentsrepairs, contractorsimprovements to or in or to decrease the size of area of, visitors all or licenseesany part of the Building, the fixtures and equipment therein, and the Building Systems so long as such alterations, additions, repairs and improvements do not decrease or materially reconfigure the lobby area or Tenant's reception area of the Building or alter the size of the Premises or otherwise materially interfere with Tenant's use and enjoyment of the Premises, excepting only temporary inconvenience or interference reasonably necessary and unavoidable as a result of the necessity of such alterations, additions, repairs or improvements;
(iib) where Tenant makes a decorationSubject to Tenant's rights under Section 4 of Exhibit D, alterationto change the Building's name or street address;
(c) Subject to Tenant's rights under Section 4 of Exhibit D, improvement to install and maintain any and all signs on the exterior and interior of the Building;
(d) To reduce, increase, enclose or addition which directly causes otherwise change at any time and from time to time the size, number, location, lay-out and nature of the common areas (excepting the lobby and Tenant's reception area therein) and other tenancies and premises in the Property and to create additional rentable areas through use or enclosure of common areas, so long as such unusabilitydoes not materially interfere with Tenant's use and enjoyment of the Premises; and
(e) If any governmental authority promulgates or revises any Law or imposes mandatory or voluntary controls or guidelines on Landlord or the Property relating to the use or conservation of energy or utilities or the reduction of automobile or other emissions or reduction or management of traffic or parking on the Property (collectively "Controls"), to comply with such Controls, whether mandatory or voluntary, or (iii) where make any alterations to the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseProperty related thereto.
Appears in 1 contract
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, LESSEE shall at Tenant's sole cost and expense, maintain the Premises all times keep in good order, condition and repair, the interior of said premises, including without limitation, the windows, doors, show cases, ceiling, floors, plumbing and interior walls, with the exception of painting the interior walls which shall be maintained by ▇▇▇▇▇▇. LESSEE shall be responsible for keeping the leased premises and proximity located surrounding public areas free of debris, trash, or soiled cleaning supplies (e.g., rags and buckets) originating from LESSEE operations or customers. LESSEE shall ensure all equipment, walls, floors, counters, tables, and other surfaces are cleaned and sanitized frequently, and that employee areas are cleaned daily. LESSEE is responsible for providing the janitorial supplies needed to complete such tasks. LESSEE shall keep the leased area free of hazardous conditions, shall keep the area around the leased area free of hazardous conditions that originate for the LESSEE’S operations and shall notify the Airport Director promptly of other hazardous conditions in the Public Area outside the leased area. LESSEE shall monitor areas within and contiguous the leased space to ensure they are kept clean and orderly, and that trash is not allowed to accumulate. LESSEE shall ensure that all its employees conform to the employee standards set forth above and to personal hygiene and health requirements established by LESSEE’S policy(ies) and by federal, state, or local laws, rules, regulations and/or ordinances. LESSEE shall provide a complete and proper arrangement for the adequate sanitary handling of all trash and other refuse caused as a result of the LESSEE’S operations. LESSEE shall provide for timely removal of refuse to a central collection point designated by the Airport Director. LESSEE shall take appropriate action to prevent the presence of rodents and other vermin. LESSEE shall keep all garbage and putrescible materials in durable, fly-and rodent-proof, fireproof containers that are easily cleaned. The containers shall have tight- fitting lids, doors, or covers, and shall be kept covered when material is not being deposited in them. LESSEE shall clean the containers as necessary to prevent odors. LESSEE shall not allow boxes, cartons, barrels, or other similar items to remain within view of the public. LESSEE is responsible for supplying, stocking, servicing, and maintaining the coffee machine in the screened area. ▇▇▇▇▇▇ is responsible to police this area in the same manner as described above. If LESSEE refuses or neglects to discharge its obligations noted above to the reasonable satisfaction of LESSOR, LESSOR may make such repairs or undertake such maintenance without liability for any loss or damage that may accrue to LESSEE's merchandise, fixtures, or other property. Upon completion of such work, ▇▇▇▇▇▇ shall promptly reimburse LESSOR for all costs incurred or LESSOR may deduct such costs from the money deposited with LESSOR. LESSEE shall return the premises at the expiration of this lease in as good condition as it received the same, ordinary wear and tear and damage by fire and casualty excepted. LESSEE shall not have the right to make any alterations, including: improvements, or additions to the interior surfaces premises without first obtaining LESSOR'S written consent. LESSEE shall have the right to install show cases or equipment which may be removed at the expiration of this lease with the approval of the ceilingsairport manager, walls provided LESSEE is not in default, and floors; providing further that LESSEE shall restore the premises to its pre-installation condition. LESSEE shall be liable for the costs of all doors and interior windows; furnishings installed within repairs to the Premises; all equipment installed premises made necessary by reason of any act or at omissions of the expense of Tenant; and all plumbingLESSEE, heatingor its agents or servants, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises or by its customers. LESSOR shall keep in good order, condition and repair repair, the basic equipment supplied by LESSOR under the terms of this lease, such as required under this Leasethe freezer, Landlord refrigerator, stove, grill, ice machine and disposal and all exterior parts of the building, including by way of illustration, foundation, roof, sewers, service pipeline, lines up to and including the meters, permanent canopies, exterior walls, gutters, down spouts and exterior painting, and LESSOR shall give Tenant prior written notice to do such acts as are required to so maintain the Premisesheating and air conditioning system. In LESSOR shall also maintain and clean all public and common areas of the event that Tenant fails to commence such work within 30 days after written demand by Landlordbuilding, including the restrooms. LESSOR shall also be responsible for cleaning and diligently prosecute it to completion, then Landlord shall have maintaining the right, but hood vents. LESSOR shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for make any reasonable damage, inconvenience or interference with Tenant's use repairs of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components parts of the Premises and the roof building, which become necessary or desirable by reason of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission negligence of Tenant LESSEE, its agents, invitees, or any of Tenant's servants, employees, agentsin which event the same shall be the obligation of LESSEE. LESSEE shall forthwith at its own cost and expense, contractorsreplace with glass of the same quality, visitors any cracked or licenseesbroken glass, (ii) where Tenant makes a decorationincluding plate glass, alteration, improvement and any interior and exterior windows and glass in the doors of the demised premises when the breakage is caused by LESSEE or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease▇▇▇▇▇▇'S invitees.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 Notwithstanding any other provisions of this Lease, Landlord shall repair and maintain in a good condition the structural portions of the Building, including the elevators, plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of Tenant, its agents, servants, employees, licensees or invitees, in which case Tenant shall pay to Landlord, on demand, the cost of such maintenance and repairs less the amount of any insurance proceeds received by Landlord on account thereof, if applicable. Landlord shall also maintain and keep in good order and repair the Building roof; the curtain wall, including all glass connections at the perimeter of the Building; all exterior doors, including any exterior plate glass within the Building; the Building ventilating systems; elevators; Building telephone and electrical closets; public portions of the Building or Building Complex, including but not limited to the landscaping, walkways, and upper floor lobbies and corridors, parking structure, and interior portions of the Building above and Paragraph 8A(3below grade which are not covered by leases.
(b) below as being Landlord's obligation, Tenant shallTenant, at Tenant's sole cost and expense, except for services furnished by Landlord pursuant to Paragraph 7 hereof, shall maintain, in good order, condition and repair, the Premises, including the interior surfaces of the ceilings (if damaged or discolored due in whole or in part to the act, neglect, omission or fault of Tenant), walls and floors, all doors, interior glass partitions or glass surfaces (not exterior windows) and pipes, electrical wiring, switches, fixtures and other special items, subject to the provisions of Paragraph 15 hereof. In the event Tenant fails to so maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are reasonably required to so maintain the Premises. In the event that Tenant fails to promptly commence such work within 30 days after written demand by Landlord, and diligently prosecute pursue it to completion, then Landlord shall have the right, but shall not be obligatedrequired, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use The funds so expended plus twenty percent (20%) of the Premises such amounts as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it an overhead/administrative charge shall be Landlord's responsibility to promptly make due and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.payable
Appears in 1 contract
Sources: Lease (Channelpoint Inc)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, 10.1. The Lessee shall at Tenant's sole its own cost and expense, expense throughout the term of this Agreement –
10.1.1. maintain the Premises in good orderorder and repair the interior of the Leased Premises including all electrical, condition gas, water, drainage, sanitary works and repairother installations, ordinary appurtenances, fixtures and fittings as well as the terrain surrounding any buildings on the Leased Premises, but excluding any maintenance of a structural nature, and on termination of this Agreement return to the Lessor the Leased Premises with all items referred to above in good order and repair (fair wear and tear excepted);
10.1.2. where necessary, replace fixtures and damage by fire fittings with articles of equal or better quality, corresponding value and casualty exceptedappearance, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the rightwhich for reference purposes may include, but shall not be obligatedlimited to, wash- and lavatory basins, lavatory seats, flushing apparatus, glass panes, plate glass, taps, window-, door- and cupboard locks, hinges, fittings and keys, sinks, electrical fittings including switches and plugs, gas fittings and regulators, light bulbs, light fixtures and fluorescent lights; and
10.1.3. promptly repair or make good all damage to do the Leased Premises irrespective of its cause, unless the damage is of a structural nature, in which event the Lessee must without delay notify the Lessor of such acts damage and expend the cause of such funds at damage.
10.2. In the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use event of the Lessee failing to maintain or repair the Leased Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Buildingin accordance with its obligations stated in this clause, and if remaining in default for such period as the Lessor may reasonably stipulate in a repairwritten notice calling on the Lessee to remedy the default, replacement or alteration or other change would be considered a capital improvement or replacement due regard being had to the Premises under generally accepted accounting principlesnature hereof, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant Lessor shall be entitled to an abatement effect the necessary maintenance or repairs and to claim cost so incurred from the Lessee.
10.3. On termination of rent commencing with this Agreement the fourth business day that Lessee shall deliver the Leased Premises to the Lessor in the same are unusable; providedgood order and condition, howeverfair wear and tear excepted, that Tenant shall not be entitled as it existed at the Commencement Date or as it existed after any upgrading work or alterations and improvements had been done pursuant to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseAgreement.
10.4. Should any defect manifest itself in or about the Leased Premises for the repair of which the Lessor is responsible, the Lessee shall as soon as reasonably possible after the manifestation thereof give the Lessor notice of the defect. Should the Lessor fail to effect any maintenance or repairs for which it is responsible within a reasonable time after having being given written notice to do so by the Lessee, due regard being had to the nature of the maintenance or repair to be carried out, the Lessee shall be entitled itself to do so at the cost of the Lessor.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Section 7.01. Tenant shall, at Tenant's sole cost and expense, maintain throughout the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: term hereof until the interior surfaces surrender of the ceilingsdemised premises (which is governed by Article Sixteen hereof), walls and floors; at no expense whatsoever to Landlord, take good care of the demised premises and, subject to the rights of Tenant under Article Nine of this Lease, shall not do or suffer any waste with respect thereto, and Tenant shall promptly make all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails repairs to maintain the Premises demised premises in good orderand lawful order and condition. When used in this Article, condition the term "repairs" shall include replacement, restoration and/or renewals when necessary. The provisions and repair as conditions of Article Nine applicable to changes or alterations shall similarly apply to repairs required to be done by Tenant under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the PremisesArticle. Tenant shall do keep and maintain all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use portions of the Premises. If a repair is required as a result demised premises, including, without limitation, the interior of Tenant's negligence the demised premises and such repair cost is not covered by insurance proceeds, Tenant will pay for all equipment and plumbing serving the cost of such repair. Notwithstanding anything in this Lease to the contrarydemised premises, in the event that the need for repairs or the making good working order and condition, free of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion accumulation of the Premises unusable for more than three consecutive business dayswater, then Tenant dirt and rubbish. Except as otherwise provided in Article Fifteen, nothing herein contained shall be entitled construed to an abatement of rent commencing with prevent Tenant from removing from the fourth business day that demised premises its own trade fixtures, furniture, and equipment on the same are unusable; providedcondition, however, that Tenant shall, at its own cost and expense, and it hereby agrees to, repair any and all damages to the demised premises resulting from or caused by the removal thereof, and not from ordinary wear and tear. Landlord shall be responsible for maintaining the HVAC systems serving the demised premises and the remainder of the building, and all costs incurred by Landlord in maintaining and repairing the HVAC systems serving the demised premises and the remainder of the building shall be included in CAM costs and reimbursed to Landlord in accordance with the terms of Section 2.05 above.
Section 7.02. Tenant shall permit Landlord and the authorized representatives of Landlord to enter the demised premises at all reasonable times during usual business hours for the purpose of exhibiting or inspecting the same and of making any necessary repairs to the demised premises and performing any work therein that may be necessary to comply with any laws, ordinances, rules, regulations or requirements of any public authority, or that may be necessary to prevent waste or deterioration in connection with the demised premises, which Tenant is obligated, but has failed, to make, perform, or prevent, as the case may be. Nothing in this Lease shall imply any duty upon the part of Landlord to do any such work or to make any alterations, repairs, additions or improvements to the demised premises, of any kind whatsoever. The performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform the same. Landlord shall not in any event (except for events caused by Landlord's default hereunder) be entitled to a pro rata abatement liable for inconvenience, annoyance, disturbance, loss of rent under the foregoing due to unusability (i) caused directly business or indirectly by any act or omission other damage of Tenant or any other occupant of Tenant's servantsthe demised premises or part thereof, employeesby reason of making repairs or the performance of any work on the demised premises or on account of bringing materials, agentssupplies and equipment into or through the demised premises during the course thereof and the obligations of Tenant under this Lease shall not thereby be affected in any manner whatsoever. Landlord shall, contractorshowever, visitors in connection with the doing of any such work cause as little inconvenience, annoyance, disturbance, loss of business or licensees, (ii) where other damage to Tenant makes a decoration, alteration, improvement or addition which directly causes any such unusability, or (iii) where other occupant as may be reasonably possible in the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasecircumstances.
Appears in 1 contract
Maintenance and Repairs. (1a) Except Landlord Direct Maintenance Responsibilities. Landlord shall be responsible for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being shall pay for all maintenance and repairs to the following elements of the Premises: roof, the exterior walls, the common areas, the equipment used exclusively for the common areas, the heating, air conditioning, electrical, plumbing and non-Tenant installed building ventilation systems, and items of a purely structural nature ("Landlord's obligationElements"), unless caused in part or in whole by the act, neglect, fault or omission of any duty by Tenant, its agents, servants, employees, and invitees, in which case Tenant shall, shall at Tenant's sole cost and expense, make such repairs and replacements as are necessary to maintain such structural portions in a good condition. Landlord shall also be responsible for maintenance and repairs to the parking lot and landscaping adjacent to the Premises and for snow and ice removal. There shall be no abatement of rent or liability to Tenant on account of interference with Tenant's business with respect to any improvements, alterations or repairs made by Landlord to the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required connection with its duties under this Lease, Landlord shall Section 0. Tenant may give Tenant prior written notice to do such acts as are Landlord of Landlord's failure to perform its required to so maintain the Premisesduties under this Section 0. In the event that Tenant If after thirty (30) days' written notice, Landlord fails to commence such work within 30 days after written demand by Landlord, necessary maintenance and repairs and diligently prosecute it pursue completion of same, Tenant may elect to completioneffect the maintenance and repairs in a reasonable manner and the reasonable costs of the maintenance and/or repairs shall be reimbursed by Landlord within five (5) working days of Landlord's receipt from Tenant of a statement of such costs. If, then Landlord shall have the righthowever, but shall not be obligatedLandlord's failure to repair, replace or maintain Landlord's Elements to do such acts and expend such funds at the expense which a notice of Tenant as are reasonably required failure to perform such work. Landlord shall have no liability to Tenant for any reasonable damagehas been delivered by Tenant, inconvenience or interference unreasonably interferes with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principlesbusiness, then it shall such costs of maintenance or repairs may be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made applied by Tenant as set forth in Paragraph 4 above. to reduce the base rent due to Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasefollowing month.
Appears in 1 contract
Maintenance and Repairs. (1) Except Throughout the term of this Agreement, GROWING ORLANDO shall be solely responsible for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationthe maintenance, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition upkeep and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and all present and future Improvements. GROWING ORLANDO shall maintain such items and the roof Premises in good, safe and sanitary first-class condition throughout the term of this Agreement. CITY shall be permitted to inspect the Premises and Improvements as often as CITY reasonably deems necessary. CITY shall notify GROWING ORLANDO in writing of any items in a state of disrepair or otherwise not maintained to the standard of care required per this Agreement. GROWING ORLANDO shall have ten (10) days from its receipt of the Buildingnotice to repair or clean up the items, unless the nature of such repair is that it cannot be accomplished within ten (10) days, in which case GROWING ORLANDO shall be allowed a reasonable period of time to make repairs or otherwise address the problem, provided GROWING ORLANDO promptly and if diligently pursues same. The failure of GROWING ORLANDO to take such needed action within such time period shall be a breach of this Agreement. The failure of CITY to provide GROWING ORLANDO a list of repairs or other items to be addresses shall not relieve GROWING ORLANDO of its maintenance and repair obligations. In any instance where GROWING ORLANDO has failed to properly maintain the Premises after notice and demand by CITY, GROWING ORLANDO shall be responsible for all costs and expenses associated with CITY’s having to repair, replacement restore or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to clean up the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, determined in the event that the need for repairs or the making reasonable discretion of repairs (or both) which Landlord is obligated CITY, should CITY take steps to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by correct any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseconditions.
Appears in 1 contract
Sources: Premises Use Agreement
Maintenance and Repairs. (1) Except 8.1 The Tenant at its own cost shall maintain and keep the Solar Power System in good condition and repair. The Tenant shall keep the Solar Power System in such condition as a careful owner of a comparable item would do. If any part of the Solar Power System is damaged or destroyed for matters specified under Paragraph 4 above any reason whatsoever, the Tenant shall repair the same, forthwith, and Paragraph 8A(3) below as being Landlord's obligationat its own cost, and in a good and workmanlike manner that a prudent owner would in similar circumstances. If the Tenant fails, refuses or is unable to repair or make the necessary repairs to the Solar Power System. The Landlord may make such repairs or replacements with the cost of the resulting repairs and replacement borne by the Tenant.
8.2 The Tenant shall, forthwith, inform the Landlord in writing of any damage to the Leased Space, the roof or any other part of the Building caused by or in any other way resulting from the installation, operation or maintenance of the Solar Power System, and the steps to be taken by the Tenant, at Tenant's its sole cost and expense, maintain to repair the Premises same.
8.3 The Tenant will keep the Leased Space in good order, a clean and tidy condition and repairwill not permit waste paper, ordinary wear garbage, ashes or waste or objectionable material to accumulate.
8.4 The Tenant shall promptly pay all of its contractors and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; do any and all plumbingthings necessary to minimize the possibility of any Encumbrance attaching to the Leased Space, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the PremisesLand or Building. In the event that such Encumbrance shall be filed against the Leased Space, Land or Building, the Tenant fails shall discharge the same, forthwith, at the Tenant's expense. If the Tenant shall fail to commence cause such work within 30 days after written demand Encumbrance to be discharged, then, in addition to any other right or remedy of the Landlord under this Agreement, the Landlord may discharge the same by paying the amount claimed to be due, together with interest costs and other required amounts into court or directly to the Encumbrance claimant, and the amounts so paid by the Landlord and all incurred costs and expenses of the Landlord, including solicitor's fees (on a solicitor and diligently prosecute it his client basis), shall be due and payable by the Tenant to completionthe Landlord.
8.5 During the Term, then Landlord shall have the right, but shall not be obligated, and subject to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damagesecurity or confidentiality requirements of the Tenant, inconvenience the Landlord may inspect the leased Space and the Solar Power System to confirm compliance with this Agreement.
8.6 At the expiration of the Term or interference with sooner termination of this Agreement, or the expiration of any renewals thereof, the Tenant shall surrender and yield up to the Landlord the Leased Space in good and substantial repair and condition. Reasonable wear and tear only excepted. The Tenant shall repair all damage to the Leased Space caused by their installation, operation, maintenance or removal of the Solar Power System. The Tenant's use obligation to observe and perform this covenant shall survive the expiration or sooner termination of the Premises as a result of performing this Agreement or any such workrenewal thereof.
(3) Landlord 8.7 Except only for the Solar Power System, the Tenant will maintainnot bring onto the Leased Space any machinery, repair equipment, article or other item that by reason of its weight, size or use may damage in any way and replace all structural components of the Premises and to any extent the roof of the Building. In the event of any damage to the roof or Building caused by any machinery, and if a repairequipment, replacement or alteration article or other change would be considered a capital improvement item, or replacement to the Premises under generally accepted accounting principlesby any other act, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration neglect or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building misuse by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's its servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilityemployees, or (iii) where any persons having business with the Tenant, or otherwise invited onto the Leased Space by the Tenant, the Tenant shall, forthwith, and at the option of the Landlord, repair in question is one which Tenant is obligated the same using, at all times, new materials, or pay to furnish under the provisions Landlord the cost of this Leaserepairing the same.
Appears in 1 contract
Sources: Solar Power Lease Agreement