Maintenance and Repairs. (a) Lessee, at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use. (b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing. (c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.
Appears in 24 contracts
Sources: Hotel Lease Agreement, Hotel Lease Agreement (Apple REIT Ten, Inc.), Hotel Lease Agreement (Apple REIT Ten, Inc.)
Maintenance and Repairs. (a) Lessee, at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the roof, structural elements walls or foundation of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and of the roof, structural elements walls or foundation of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.510.3, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Management Agreement or any Franchise Agreement and the Management Agreement, as applicable. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1i) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2ii) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.
Appears in 11 contracts
Sources: Hotel Lease Agreement (Moody National REIT II, Inc.), Hotel Lease Agreement (Moody National REIT II, Inc.), Hotel Lease Agreement (Moody National REIT I, Inc.)
Maintenance and Repairs. (a) LesseeDuring the Term, Seller will operate and perform all routine and emergency repairs to, and maintenance of, the System at its sole cost and expense, will keep except for any repairs or maintenance resulting from Customer’s negligence, willful misconduct, or breach of this Agreement. Seller shall not be responsible for any work done by others on any part of the Leased PropertySystem unless Seller authorizes that work in advance in writing. Seller shall not be responsible for any loss, damage, cost, or expense arising out of or resulting from improper environmental controls or improper operation or maintenance of the System by anyone other than Seller or Seller’s contractors. If the System requires repairs, or Seller incurs costs or expenses, for such losses, damages, or other improper controls or operation caused by anyone other than Seller or Seller’s contractors, Customer shall pay Seller for diagnosing and correcting the problem at Seller or Seller’s contractors’ then current standard rates. At all times following COD, Seller shall, and all private roadwaysshall cause its contractors, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except to:
(i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s useleave debris under, any prior use, the elements or the age of the Leased Propertyin, or any portion thereof) about the Premises, and promptly remove same from the Premises and dispose of it in a lawful manner;
(ii) remove rubbish and debris on a daily basis during the period when Seller or Seller’s contractors are performing activities on the Premises;
(iii) when performing activities that pose a physical danger to others at the extent Premises, Seller shall enclose the working area with temporary fencing or other barricades or planking adequate to keep Customer and its agents and invitees (including faculty, staff, and students) out of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, the work area and physically segregated from any and all such work; and, except as otherwise provided in Subsection 9.1(b)upon completion of such work, Article 14 or Article 15Seller shall remove from the Premises such temporary fencing, with reasonable promptnessbarricades, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.and/or planking;
(biv) Notwithstanding Lesseecoordinate with Customer’s obligations under Subsection 9.1(a) above, except director of facilities to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, develop a mutually agreeable schedule for routine maintenance activity or to make standard repairs at the Premises, at least 10 working days in advance of such activities to mitigate any repairsinconvenience to or disruption of Customer and its agents and invitees (including faculty, replacementsstaff, alterationsand students) in their regular school activities, restorations or renewals and to otherwise eliminate any substantial interference with normal operations of any nature or description the school campus; provided, in the event of an emergency related to the Leased PropertySystem that requires Seller or its contractors to access the Premises, whether ordinary or extraordinarySeller will use reasonable efforts to notify Customer in advance, foreseen or unforeseenbut Seller shall not be in breach of this Agreement if it fails to so notify Customer;
(v) deliver personnel, tools, equipment and materials to the work area over route(s) reasonably designated by Customer, provided that Customer ensures that Seller shall have all access rights necessary to use such designated routes;
(vi) take such efforts as are commercially reasonable to mitigate objectionable dust, noise, or other disturbances; use commercially reasonable efforts to make any expenditure whatsoever avoid substantial interference with respect theretoor disruption of Customer and its agents and invitees (including faculty, staff, and students) in connection with this Lease, or to maintain their regular school activities;
(vii) operate within the Leased Property in any way. Lessee hereby waives, to the extent permitted limits indicated by law, ordinances, and permits, and not unreasonably encumber the right to make repairs at Premises or overload any structure on the expense of Lessor, pursuant to any law in effect at the time Premises;
(viii) enforce all reasonable instructions of the execution of this Lease or hereafter enactedCustomer regarding signs, except following default by Lessor under this Leaseadvertising, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotelfires, and Lessee’s use thereofsmoking, to and require that all workers comply with Lesseeall Customer’s obligations under regulations while on the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.Premises; and
(cix) Nothing contained in this Lease maintain or restore the existing functionality of equipment and no action or inaction services impacted by Lessor shall be construed the resulting work, including (as (1applicable) constituting the request of Lessorbut not limited to existing irrigation functionality and control, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofand lighting.
Appears in 6 contracts
Sources: Solar Power Purchase Agreement, Solar Power Purchase Agreement, Solar Power Purchase Agreement
Maintenance and Repairs. (a) Lessee, at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s 's control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s 's use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s 's gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s 's predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s 's obligations under Subsection 9.1(a9.1
(a) above, except to the extent of damage caused by Lessee’s 's negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s 's use thereof, to comply with Lessee’s 's obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s 's lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.
Appears in 4 contracts
Sources: Master Hotel Lease Agreement (Apple Suites Inc), Master Hotel Lease Agreement (Apple Suites Inc), Hotel Lease Agreement (Apple Suites Inc)
Maintenance and Repairs. (a) LesseeLandlord shall, at its sole expenseas part of Operating Expenses, will keep maintain the Leased Property, Property (excepting the Premises and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, other leased premises in the Building) in good order order, condition and repair, except in a clean and sanitary condition and in compliance with Laws, in a manner consistent with those procedures and practices generally employed by owners or managers of Comparable Buildings; provided, however, that, subject to reimbursement of Landlord to the extent provided by Paragraph 5, and, subject to Paragraph 12.3, excluding damage caused by Tenant or Tenant’s Occupants, Landlord shall be solely responsible for maintenance and repair of the exterior windows and structural components of the Building, the electrical, gas, plumbing, fire, life safety, HVAC and other base systems and facilities of the Building (iexcepting any installed by Tenant) and the restrooms, lobbies and other Common Areas, in such manner. Any costs, expenses and fees incurred or payable by Landlord in connection with the maintenance, repair or replacement of any supplemental or other HVAC equipment (beyond the standard Building HVAC) for ordinary wear any data room of Tenant shall not be part of Operating Expenses and tear shall be directly reimbursed by Tenant to Landlord within ten (whether or not 10) business days after receipt by Tenant of an invoice therefor. In addition, Tenant shall pay to Landlord the need for such repairs occurred cost of any increased maintenance and repair (including repair as a result of Lesseeany after-hours damage) resulting from Tenant’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects employees’ work in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shallPremises before and after Building Hours, to the extent reasonably achievable, be at least equivalent as set forth in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended UseParagraph 7.4.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as expressly set forth in the preceding sentence and foregoing subparagraph (a) or elsewhere in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, and excluding damage caused by Landlord or to Landlord’s employees, agents or contractors, Tenant shall, at Tenant’s sole cost and expense, maintain the Leased interior, nonstructural elements of the Premises (including, without limitation, all floor and wall coverings, doors and locks) and Tenant’s Property in any way. Lessee hereby waivesgood order, condition and repair and in a clean and sanitary condition, subject to normal and reasonable wear and tear and the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution other provisions of this Lease or hereafter enactedregarding casualty, except following default by Lessor under this Leasecondemnation, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, insurance and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existingindemnification.
(c) Nothing contained in All work to be performed by either Party under this Lease and no action or inaction by Lessor Paragraph 9.1 shall be construed as completed promptly (1) constituting the request of Lessor, expressed or implied, and such work shall be performed by Landlord in a manner that is reasonably calculated to any contractor, subcontractor, laborer, materialman or vendor minimize disruption to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or Tenant’s business to the Leased Property or any part thereofextent reasonably practicable), or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or but in any way event each Party shall use its best efforts to complete such work within twenty-four (24) hours in any emergency and within ten (10) business days for all other repairs. If any work cannot reasonably be completed within twenty-four (24) hours or ten (10) business days, as the basis for any rightcase may be, title, interest, lien, claim or other encumbrance upon such work shall be commenced within the estate of Lessor in the Leased Property, or any portion thereofapplicable period and thereafter prosecuted continuously and diligently until completed.
Appears in 3 contracts
Sources: Lease Agreement (Vivint Solar, Inc.), Lease Agreement (Vivint Solar, Inc.), Lease Agreement (Vivint Solar, Inc.)
Maintenance and Repairs. (a) Lessee, at its sole expense, The Mortgagor will not commit any waste on the Premises or make any change in the use of the Premises which will in any way increase any ordinary fire or other hazard arising out of construction or operation. The Mortgagor will keep and maintain or cause to be kept and maintained all buildings and other improvements now or at any time hereafter erected upon or constituting any portion of the Leased PropertyMortgaged Premises, and all private roadways, the sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfacesabutting the same, in good order and condition and in a rentable and tenantable state or repair, except (i) for and will make or cause to be made, as and when the same shall become necessary, all structural and non- structural exterior and interior, ordinary wear and tear (whether extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that end. In the event that the Mortgaged Premises shall be damaged or not destroyed in whole or in part, by fire or any other casualty, or in the need for such repairs occurred event of a taking of a portion of the Mortgaged Premises as a result of Lessee’s use, any prior useexercise of the power of eminent domain, the elements Mortgagor shall promptly restore, replace, rebuild or alter the age same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or taking, provided the proceeds of the Leased Propertycondemnation or any insurance policy are made available to Mortgagor. Although damage to or destruction of the Mortgaged Premises, or any portion thereof) and (ii) , shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the extent Mortgagee prompt written notice of any damage caused by Lessor’s gross negligence or willful misconduct injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or that any portion of its employees Mortgaged Premises. The Mortgagor shall have the right, at any time and from time to time, to remove and dispose of building service equipment which may have become obsolete or agentsunfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, andfree of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except as otherwise provided in Subsection 9.1(b)that, Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising if by reason of a condition existing prior to technological or other developments in the commencement operation and maintenance of buildings of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements general character of the Leased Improvements. Lesseebuilding constituting a portion of the Mortgaged Premises, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach no replacement of any representation the building service equipment so removed or warranty disposed of is necessary or for any latent defects desirable in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take proper operation or omit to take any actionmaintenance of said building, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor Mortgagor shall not be required to bear replace the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existingsame.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.
Appears in 3 contracts
Sources: Restated Mortgage Note (FNB Rochester Corp), Mortgage Note (FNB Rochester Corp), Restated Mortgage Note (FNB Rochester Corp)
Maintenance and Repairs. (a) Lessee, at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s 's control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s 's use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s 's gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s 's predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s 's obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.9.1
Appears in 3 contracts
Sources: Master Hotel Lease Agreement (Apple Hospitality Two Inc), Hotel Lease Agreement (Apple Suites Inc), Master Hotel Lease Agreement (Apple Hospitality Two Inc)
Maintenance and Repairs. (a) Lessee8.1 During the Lease Term and subject to Landlord’s obligations as set forth in Section 8.2 below, Tenant, at its Tenant’s sole cost and expense, will shall promptly make all repairs and replacements, and perform all maintenance, in and to the Premises to keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, Premises in good order operating condition and repair, in a clean, safe and tenantable condition, and otherwise in accordance with all Laws and the requirements of this Lease. Tenant shall likewise maintain all fixtures, furnishings and equipment located in, or exclusively serving, the Premises and make all required repairs and replacements thereto. Tenant shall also maintain, repair and 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 defects or damage to the structure of, or equipment or fixtures in, the Building or any part thereof, or any mold or moisture condition, of which Tenant has knowledge. Tenant shall suffer no waste or injury to any part of the Premises, and shall, at the expiration or earlier termination of the Lease Term, surrender the Premises in an order and condition equal to or better than that on the Lease Commencement Date, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 XIII or Article 15XVII. Except as otherwise provided in Article XVII, with reasonable promptnessall injury, make all necessary breakage and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior damage to the commencement Premises and to any other part of the Term of this Lease (concealed Building or otherwise), or required the Land caused by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements act or omission of the Leased Improvements. Lessee, howeverTenant or any Agent of Tenant, shall be permitted 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 claims against Lessor’s predecessors in title for breach to completion repair of any representation such injury, breakage or warranty or for any latent defects damage within a reasonable period (not to exceed ten (10) days) following Tenant’s receipt of notice from Landlord, then Landlord shall have the right at Landlord’s option, after notifying Tenant in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that writing of its employees or agentsintention to exercise its rights pursuant to this Section 8.1, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description such repair and to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, charge Tenant for all costs and expenses incurred in connection therewith, together with Landlord’s standard administrative fee. 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 (including Landlord’s standard administrative fee); provided that if Tenant elects to supply the bulbs or tubes to Landlord, then Landlord shall provide the labor involved for such replacement at Tenant’s expense (including Landlord’s standard administrative fee).
8.2 Except as otherwise provided in this LeaseLease and subject to normal wear and tear, or Landlord at its expense (subject to maintain the Leased Property in any way. Lessee hereby waives, reimbursement pursuant to Article V if and to the extent permitted thereby) shall keep the Common Areas and the Building Structure and Systems, clean and in good operating condition and, promptly after becoming aware of any item needing repair or replacement, will make such repair or replacement. Notwithstanding any of the foregoing to the contrary: (a) 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 (b) Landlord shall have no obligation to make any repairs whatsoever brought about by lawany act or omission of Tenant or any Agent of Tenant. To the fullest extent permitted by Law, the right Tenant hereby waives all rights to make repairs at the expense of LessorLandlord or in lieu thereof to vacate the Premises as may be provided by any Law. Landlord has no obligation and has made no promise to alter, pursuant to any law in effect at remodel, improve, repair, decorate or paint the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property Premises or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion except as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofspecifically and expressly herein set forth.
Appears in 2 contracts
Sources: Office Lease Agreement (IMARA Inc.), Office Lease Agreement (IMARA Inc.)
Maintenance and Repairs. (a) Lessee, at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except Landlord shall Maintain the: (i) for ordinary wear Building footings, foundations, structural steel columns and tear girders at Landlord’s sole expense; (whether ii) Building roof and exterior walls (including any issues caused by the roof or not exterior walls that impact the need for such repairs occurred as a result of Lessee’s useexterior windows or doors); (iii) Building Systems, any prior useincluding all HVAC units (including, without limitation, those that exclusively serve the elements or the age of the Leased Property, Premises or any portion thereof); and (iv) Common Areas. Costs incurred by Landlord under the foregoing subsections (ii), (iii) and (iiiv) will be included in Operating Expenses. In addition, Landlord shall be responsible for providing janitorial service (five (5) days per week and to a customary level for buildings similar to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided Building in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement geographic area of the Term Building) and trash removal for the Premises, the cost of this Lease (concealed or otherwise)which services shall be part of Operating Expenses. If Tenant becomes aware of any condition that is Landlord’s responsibility to repair, or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements Tenant shall promptly notify Landlord of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Usecondition.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(aExcept as provided in subsection (a) above, except Tenant at its sole expense shall Maintain the Premises, including, but not limited to, all lighting, plumbing fixtures, walls, partitions, dock doors and any replacement thereof, loading areas, floors, doors, windows, fixtures and equipment in the Premises. 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 of damage caused not covered by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required any applicable insurance proceeds paid to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existingLandlord.
(c) Nothing Notwithstanding anything to the contrary contained in this Lease and no action Lease, should Landlord fail or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or refuse to make any agreement required repairs to the Premises within thirty (30) days after receipt of written notice from Tenant (provided that Landlord shall have such additional time as may createbe reasonably necessary to make such repair, provided that Landlord commences to cure such default within such 30-day period and actively and diligently in good faith prosecutes such cure to completion) then Tenant may deliver written notice thereof to Landlord (“Reminder Notice”). The Reminder Notice must specifically describe the action that is required of Landlord to satisfy the requirements of this Lease with respect to the Premises and specify that Tenant may exercise the rights granted under this Section 9(c) if Landlord fails to cure or commence to cure (and diligently pursue such cure to completion) the specified items within five (5) days of receipt of the Reminder Notice. Notwithstanding the foregoing, if Landlord’s failure or refusal to make any required repairs to the Premises results in an imminent material threat to persons or property, Tenant’s initial notice shall so state and shall specify that Tenant may exercise the rights granted under this Section 9(c) if Landlord fails to timely cure or commence to cure the specified items (an “Imminent Threat Notice”). If reasonable under the circumstances, Tenant may provide an Imminent Threat Notice by telephone. If (a) Landlord fails to take or commence to take (and diligently pursue to completion) the required action within five (5) days of receiving a Reminder Notice or within forty-eight (48) hours after an Imminent Threat Notice, or such shorter period of time if warranted under the circumstances, and (b) Tenant in good faith believes that it can perform such obligations, then Tenant may, subject to the terms of this Section 9(c), make such repairs to the Premises (but solely on its own behalf, and not as the agent of Landlord). Tenant may not take any way such self-help action that alters or modifies the Building structure (other than roof repairs to stop leakage) or Building Systems or the Common Areas. Landlord shall reimburse Tenant for Tenant’s reasonable, third-party, out-of-pocket costs and expenses in taking such action within thirty (30) days after receiving an invoice from Tenant setting forth a reasonably particularized breakdown of such costs and expenses. All repairs made by Tenant pursuant to this Section 9(c) shall (i) be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in accordance with all Laws; (ii) use only such contractors as are duly licensed in the Leased PropertyCommonwealth of Pennsylvania and who perform such work in comparable buildings in the normal course of their business; (iii) upon commencing such work, complete the same within a reasonable period of time, (iv) use only new materials, and (v) effect such work in a good and workmanlike manner. Except in the event of an emergency, prior to commencing any such work, Tenant shall cause its contractors and subcontractors to provide certificates evidencing adequate insurance coverage naming Landlord and any other associated or any portion thereofaffiliated entity known to Tenant as additional insureds.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Neuronetics, Inc.)
Maintenance and Repairs. (a) LesseeLandlord shall, at its sole expenseas part of Operating Expenses, will keep maintain the Leased PropertyProperty (excepting the interior, non-structural portions of the Premises and all private roadwaysother leased premises in the Building) in good order, sidewalks condition and curbs appurtenant thereto that are under Lesseerepair, in a clean and sanitary condition and in compliance with Laws, in a manner consistent with those procedures and practices generally employed by owners or managers of Comparable Buildings; provided, however, that, subject to reimbursement of Landlord to the extent provided by Paragraph 5, and, subject to Paragraph 12.3, excluding damage caused by Tenant or Tenant’s controlOccupants, including Landlord shall be solely responsible for maintenance, repair and replacement of the exterior doors and windows and plate glassstructural components of the Building, the electrical, gas, plumbing, mechanical, electrical fire, life safety, HVAC and plumbing other base systems and facilities of the Building (excepting any installed by Tenant) and the restrooms, elevators, lobbies and other Common Areas, in such manner. Any costs, expenses and fees incurred or payable by Landlord in connection with the maintenance, repair or replacement of any supplemental or other HVAC equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (ibeyond the standard Building HVAC) for ordinary wear any data room of Tenant shall not be part of Operating Expenses and tear shall be directly reimbursed by Tenant to Landlord within thirty (whether or not 30) days after receipt by Tenant of an invoice therefor. In addition, Tenant shall pay to Landlord the need for such repairs occurred cost of any increased maintenance and repair (including repair as a result of Lesseeany after-hours damage) resulting from Tenant’s useemployees’ work in the Premises before and after Building Hours, any prior useas set forth in Paragraph 7.4, the elements or the age of the Leased Property, or any portion thereof) all as determined by reference to general office usage and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. LesseeComparable Buildings; provided, however, that prior to commencing regular, periodic billing for such increased maintenance and repair, Landlord shall be permitted give Tenant notice and an opportunity to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects cease the employees’ work in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended UsePremises before and after Building Hours giving rise thereto.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as expressly set forth in the preceding sentence and foregoing subparagraph (a) or elsewhere in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, and excluding damage caused by Landlord or to Landlord’s employees, agents or contractors, Tenant shall, at Tenant’s sole cost and expense, maintain the Leased interior, nonstructural elements of the Premises (including, without limitation, all floor and wall coverings, doors and locks) and Tenant’s Property in any way. Lessee hereby waivesgood order, condition and repair and in a clean and sanitary condition, subject to normal and reasonable wear and tear and the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution other provisions of this Lease or hereafter enactedregarding casualty, except following default by Lessor under this Leasecondemnation, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, insurance and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existingindemnification.
(c) Nothing contained in All work to be performed by either Party under this Lease and no action or inaction by Lessor Paragraph 9.1 shall be construed as completed promptly (1) constituting the request of Lessor, expressed or implied, and such work shall be performed by Landlord in a manner that is reasonably calculated to any contractor, subcontractor, laborer, materialman or vendor minimize disruption to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or Tenant’s business to the Leased Property or any part thereofextent reasonably practicable), or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or but in any way event each Party shall use its best efforts to complete such work within twenty-four (24) hours in any emergency and within ten (10) business days for all other repairs. If any work cannot reasonably be completed within twenty-four (24) hours or ten (10) business days, as the basis for any rightcase may be, title, interest, lien, claim or other encumbrance upon such work shall be commenced within the estate of Lessor in the Leased Property, or any portion thereofapplicable period and thereafter prosecuted continuously and diligently until completed.
Appears in 2 contracts
Sources: Lease (Health Catalyst, Inc.), Lease (Purple Innovation, Inc.)
Maintenance and Repairs. (a) Lessee, clear definition of maintenance and breakage)
9.1. The Landlord shall at its sole expense, will keep own cost and expense throughout the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and nonterm of this Agreement -load bearing interior walls, and parking lot surfaces,
9.1.1. maintain in good order and repairrepair the interior of the Leased Premises including all electrical, except gas, water, drainage, sanitary works and other installations, 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 (i) for ordinary fair wear and tear (whether excepted);
9.1.2. where necessary, replace fixtures and fittings with articles of equal or better quality, corresponding value and appearance, which for reference purposes may include, but shall not be limited 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
9.1.3. promptly repair or make good all damage to the need 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 damage and the cause of such damage.
9.2. Any alterations to be done by the Landlord and strictly in accordance with any approved plans and specifications.
9.3. On termination of this Agreement the Lessee shall deliver the Leased Premises to the Lessor in the same good order and condition, fair wear and tear excepted, as it existed at the Commencement Date or as it existed after any upgrading work or alterations and improvements had been done pursuant to the provisions of this Agreement.
9.4. Should any defect manifest itself in or about the Leased Premises for such repairs occurred as a result the repair of Lessee’s use, any prior usewhich the Lessor is responsible, the elements or Lessee shall as soon as reasonably possible after the age manifestation thereof give the Lessor notice of the Leased Propertydefect. 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, or any portion thereof) and (ii) due regard being had to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement nature of the Term of this Lease (concealed maintenance or otherwise)repair to be carried out, or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, Lessee shall be permitted entitled itself to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be do so at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Maintenance and Repairs. (a) Notwithstanding the provisions of Articles 1854 and 1864 of the Quebec Civil Code, the Lessee, at its sole own expense, will shall operate, maintain and keep the Leased PropertyPremises including all facilities, equipment and services, both inside and outside, available to the Lessee in the same good order and condition both inside and outside, as they would be kept by a careful owner and shall promptly make, at its costs, all needed repairs and replacements to the Premises which a careful owner would make, including without limitations, hot water tank, and broken glass (regardless of how it was broken), the lights and ballasts, the water, gas, drain and sewer connections, pipes and mains, electrical wiring, water closets, sinks and accessories thereof, the heating system, the ventilation system, the air- conditioning system, if any, and all private roadwaysequipment belonging to or connected with the Premises or used in its operation. In addition, sidewalks the Lessee shall, at its costs, obtain and curbs appurtenant thereto maintain a contract for extermination services (such as rat prevention and pest control) for the Premises. The Lessee must forward to the Lessor a copy of any contracts obtained by the Lessee, at its costs. Such contracts include, without limitations, maintenance contracts for the heating system, the ventilation system, and the air conditioning system, and contracts for extermination services, if necessary. Notwithstanding anything contained in the above paragraph, it is expressly agreed and the Lessee covenants that are under it must, throughout the Term and/or any renewal or extension thereof, as the case may be, be responsible for the maintenance and repairs to the H.V.A.C. system and shall enter in to a maintenance contract with an accredited company and the Lessee must remit a copy of said contract to the Lessor. In addition to the foregoing, Lessee shall be liable for any damage caused to the Property (whether of exclusive or common use to it), if such damage was caused by Lessee, Lessee’s controlemployees, including windows and plate glass, mechanical, electrical and plumbing systems and equipment or agents (including conduit and ductwarewhile in the ordinary course of employment or agency), and nonsuppliers, co-load bearing interior wallscontractors, and parking lot surfaces, or anyone else for whom in good order and repair, except (i) law Lessee is responsible. Lessor shall be liable for ordinary wear and tear any damage caused to eh Property (whether of exclusive or not the need for common use to it), if such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage was caused by Lessor, Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided agents (while in Subsection 9.1(bthe ordinary course of employment or agency), Article 14 or Article 15suppliers, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise)co-contractors, or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors anyone else for whom in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless law Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Useresponsible.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.
Appears in 2 contracts
Sources: Lease Agreement (DAVIDsTEA Inc.), Lease Agreement (DAVIDsTEA Inc.)
Maintenance and Repairs. (a) Lessee10.1 Landlord agrees to maintain and keep in good repair the roof, at its sole expense, will keep the Leased Propertyfoundations, and all private roadways, sidewalks and curbs appurtenant thereto that exterior walls of the building in which the Premises are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware)located, and non-load bearing interior wallsthe structure of the walls surrounding the Premises, and parking lot surfacesexclusive of any repairs made necessary by the actions of Tenant or Tenant's agents, employees, or invitees. Tenant shall report promptly in good order writing to Landlord all items requiring maintenance and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age .
10.2 Landlord gives to Tenant exclusive control of the Leased Property, or any portion thereof) Premises and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining supply any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build interior maintenance or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor repair to or for the performance Premises or to inspect the same.
10.3 Tenant shall not make improvements or alterations to the Premises without the prior express written consent of Landlord, which consent will not be unreasonably withheld. Any such improvements or alterations approved by Landlord must comply with all existing federal, state, and local laws and must be maintained and repaired by Tenant. Upon the expiration or termination of this Agreement, all improvements or additions placed in or erected on the Premises by Tenant, whether or not affixed or attached to the Premises, shall vest in and become the property of Landlord, without further notice, action taken, or instrument executed; provided, however, Tenant may remove all of Tenant's personal property from the Premises on or before the expiration or termination of this Agreement. Tenant shall repair all damage to the Premises resulting from the removal of Tenant's personal property. Tenant agrees that all of Tenant's risk and Landlord shall not be liable for any labor damage thereto or services loss thereof.
10.4 Any property acquired by Tenant through Landlord or the furnishing of any materials or other property acquired by Landlord for the constructionuse of Tenant shall become and remain the property of Landlord and shall not be removed by Tenant, alterationor its employees, additionagents, repair licensees, or demolition invitees, from the Premises.
10.5 Notwithstanding any provisions of or this Agreement to the Leased Property or any part thereofcontrary, Tenant is solely responsible for assuring that the Premises are at all times in compliance with Title II and/or Title III (as applicable) of the American with Disabilities Act of 1990, 42 USC §12101 et seq. (hereinafter the “ADA”) as amended, and with all regulations promulgated pursuant to the ADA (hereinafter the “Regulations”). Tenant shall be solely responsible for all costs and expenses associated with ADA compliance. Tenant shall not charge Landlord for, or seek reimbursement from Landlord for, any expenditures, capital or otherwise, associated with conforming the premises to the requirements of the ADA and the Regulations. Landlord is responsible for compliance with ADA for common areas, provided that if the requirements are mandatory on Landlord because of the uses to which Tenant is utilizing the Premises, the costs of such compliance are deemed to be a Special Rent Assessment, due and payable by Tenant to Landlord as Additional Rent not later than ten (210) giving Lessee any right, power or permission after completion of the improvements.
10.6 Landlord's obligations under this paragraph 10 are subject to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance reduction depending upon the estate availability of Lessor in funds appropriated for the Leased Property, or any portion thereofpurposes herein.
Appears in 2 contracts
Sources: Rental Agreement, Rental Agreement
Maintenance and Repairs. (a) LesseeTenant shall, at its sole cost and expense, will at all times during the Lease Term, maintain and repair and keep neat and in good appearance, repair and condition the Leased PropertyDemised Premises and all parts thereof, including, but not limited to, the roof, foundations, exterior, interior, ceiling, electrical system, plumbing system, HVAC system, storm sewers, sanitary sewers, water main, the driveways, walkways, parking area, lighting facilities, landscaping and land, which are part of the Demised Premises. The plumbing system, including the sewage facility, serving the Demised Premises shall not be used for any purpose other than for which it was constructed and Tenant shall not introduce any matter therein which results in blocking such system. Tenant shall, at its sole risk, cost and expense, promptly make all needed repairs, replacements and restorations, interior and exterior, ordinary and extraordinary, structural and non-structural, foreseen and unforeseen, in and to the Demised Premises (including, but not limited to, the roof and foundations) and equipment and personal property now or hereafter erected upon or installed in or forming a part of the Demised Premises, including, without limitation, vaults, sidewalks, curbs, water, sewer and gas connections, meters, pipes and mains, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems other fixtures and equipment (including conduit now or hereafter belonging to, adjoining or connected with the Demised Premises or used in its operation. All such repairs, restorations and ductware), replacements shall be of good quality sufficient for the proper maintenance and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age operation of the Leased Property, or any portion thereof) Demised Premises and (ii) to shall be constructed and installed in compliance with all Laws and insurance requirements. To the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agentspossible, andrepairs, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary restorations and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, replacements shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value work or the usefulness of property replaced, as the Leased Property or any part thereof for case may be. Tenant shall, at its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) abovesole cost and expense, except to the extent of damage caused contract with contractors approved by Lessee’s negligence or willful misconduct or that of its employees or agentsLandlord, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor which approval shall not under any circumstances be required to build unreasonably withheld or rebuild any improvement on the Leased Propertydelayed, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or all maintenance and repairs required of Tenant under this Lease. Tenant shall perform such maintenance and repair so as to maintain the furnishing Demised Premises in a first-class condition. Such maintenance and repair obligations shall include items deemed to be capital improvements for tax purposes. The maintenance and repair obligations of any materials or other property for the construction, alteration, addition, repair or demolition Tenant hereunder shall survive termination of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofthis Lease.
Appears in 2 contracts
Sources: Real Property Put and Option Agreement (Ha Lo Industries Inc), Lease (Ha Lo Industries Inc)
Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant agrees that the Premises are then in a good and tenantable condition. During the Term, Tenant at Tenant's expense but under the direction of Landlord, shall repair and maintain the Premises, 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 reasonably good order, 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, the structural portions of the roof, foundations, floors and exterior walls of the Building, the Building Systems, all structural parts of the Building and the public and common areas of the Property, such as elevators, stairs, corridors and restrooms; provided, however, that Tenant shall pay the cost of repairs for damage occasioned by Tenant's use of the Premises or the Property or any act or omission of Tenant or Tenant's Representatives or Visitors. 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 Provided that Tenant's rights and benefits are not materially, adversely affected thereby, 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 obligations under this Lease:
(a) LesseeTo make alterations, at its sole expenseadditions, will keep repairs, improvements to or in or to decrease the Leased Propertysize of area of, all or any part of the Building, the fixtures and equipment therein, and all private roadwaysthe Building Systems (provided, sidewalks and curbs appurtenant thereto however, that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or Landlord shall not decrease the need for such repairs occurred as a result size of Lessee’s use, any prior use, the elements or the age area of the Leased Property, or any portion thereof) and (ii) Premises except to the extent of damage caused by Lessor’s gross negligence required to comply with applicable legal requirements or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacementsregulations, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior then only to the commencement of the Term of this Lease (concealed or otherwiseminimum extent necessary), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.;
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(aTo change the Building's name or street address;
(c) aboveTo install and maintain any and all signs on the exterior and interior of the Building;
(d) To reduce, except 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 and other tenancies and premises in the Property and to 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 Property relating to the extent use or conservation of damage caused by Lessee’s negligence energy or willful misconduct utilities or that the reduction of its employees automobile or agents, Lessor shall be required to bear the cost other emissions or reduction or management of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and traffic or parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereofcollectively "Controls"), to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to givesuch Controls, record and postwhether mandatory or voluntary, as appropriate, notices of nonresponsibility under or make any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or alterations to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofrelated thereto.
Appears in 2 contracts
Sources: Lease Agreement (Crossworlds Software Inc), Lease Agreement (Crossworlds Software Inc)
Maintenance and Repairs. (a) Lessee, at its sole expense, will keep the Leased Property6.6.1 With respect to each Facility, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lesseewithout limiting Tenant’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor Premises under this Lease, within sixty (60) days following the end of each Lease Year, Tenant shall deliver to Landlord a report (a “Maintenance Expenditures Report”), certified as true, correct and complete by an officer of Tenant, summarizing and describing in reasonable detail all of the Maintenance Expenditures made by Tenant during the preceding Lease Year on each Facility, and such receipts and other information as Landlord may reasonably request relative to the extent Maintenance Expenditures made by Tenant during the applicable Lease Year, in form and content satisfactory to Landlord in the reasonable exercise of repairs Landlord’s discretion, confirming that Tenant has in such Lease Year spent, with respect to the Premises, at least an aggregate amount of Four Hundred Dollars ($400.00) per operational unit (the “Minimum Aggregate Maintenance Amount”), minus the Overage Amount (as hereinafter defined), for which Lessor is obligated hereunder) required repair and maintenance of the Facilities excluding normal janitorial and cleaning but including such expenditures to the Facilities and replacements to Landlord’s Personal Property at the Facilities as Tenant deems to be made necessary in order for the Hotelexercise of its reasonable discretion. If Tenant fails in any Lease Year to expend the Minimum Aggregate Maintenance Amount minus the Overage Amount, and Lessee’s use thereof, fails to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices either (i) cure such default within sixty (60) days after receipt of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereofa written demand from Landlord, or (ii) obtain Landlord’s written approval, in its reasonable discretion, of a repair and maintenance program satisfactory to cure such deficiency, then the same shall be deemed an Event of Default hereunder. As used herein “Overage Amount” means the sum of amounts expended by Tenant pursuant to this Section 6.6.1 in the two (2) giving Lessee immediately preceding Lease Years in excess, if any, of the Minimum Aggregate Maintenance Amount for such prior Lease Years (excluding any right, power or permission to contract for or permit such amounts that are financed by Tenant and secured by a lien on the performance of any labor or services or the furnishing of any materials or other personal property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofrelating thereto).
Appears in 2 contracts
Sources: Master Lease (Ensign Group, Inc), Master Lease (Pennant Group, Inc.)
Maintenance and Repairs. (a) Lessee, at At its sole expenseexpenses, will keep except to the Leased Propertyextent subject to reimbursement if any item constitutes Operating Expenses as defined in this Lease, Landlord shall maintain and repair the Common Areas, the foundation, structural components (including latent defects), roof and exterior elements of the Building, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, the mechanical, plumbing, HVAC and electrical systems of the Building and plumbing keep such areas, elements and systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repaircondition, except (i) for ordinary wear in accordance with all applicable Laws and tear (whether regulations. Any damage in or not to any such areas, elements or systems caused by Tenant or any agent, officer, employee, contractor, licensee or invitee of Tenant shall be repaired by Landlord at Tenant’s expense and Tenant shall pay to Landlord, upon billing by Landlord, as additional rent, the need for cost of such repairs occurred as a result of Lessee’s useincurred by Landlord.
(b) Tenant shall, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make at all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of times during the Term of this Lease (concealed or otherwise)and at Tenant’s sole cost and expense, or required by any governmental agency having jurisdiction over maintain and repair the Leased Property, except as to the non-structural elements portions of the Leased Improvements. LesseePremises and every part thereof and all equipment, howeverfixtures and improvements therein, shall be permitted to prosecute claims against Lessor’s predecessors and keep all of the foregoing clean and in title for breach of any representation good order and operating condition, ordinary wear and tear and damage thereto by fire or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claimother casualty excepted. All repairs shalland replacements made by or on behalf of Tenant shall be made and performed at Tenant’s cost and expense and at such time and in such manner as Landlord may reasonably designate, to by contractors or mechanics reasonably approved by Landlord and so that the extent reasonably achievable, same shall be at least equivalent equal in quality quality, value, character and utility to the original workwork or installation being repaired or replaced. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations Tenant hereby waives all rights under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities California Civil Code Section 1941 and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right all rights to make repairs at the expense of LessorLandlord or in lieu thereof to vacate the Premises as provided by California Civil Code Section 1942 or any other law, pursuant to any law in effect at the time of the execution of this Lease statute or ordinance now or hereafter enacted, except following default by Lessor under in effect. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not have any obligation to perform any structural modifications to the Premises or the Building except to the extent the same is specifically triggered by Tenant’s particular use of repairs (for which Lessor is obligated hereunder) required to be made in order the Premises or Alterations performed by or on behalf of Tenant, except for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existingTenant Improvements.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.
Appears in 2 contracts
Sources: Office Lease (ThredUp Inc.), Office Lease (ThredUp Inc.)
Maintenance and Repairs. (a) LesseeTenant will, at its sole cost and expense, will keep the Leased Property, Landlord’s Property neat and all private roadways, sidewalks clean and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, maintain the same in good order condition and repair, except (i) for repair ordinary wear and tear excepted and will make all replacements and repairs thereto as required pursuant to the terms of this Lease. There is excepted from Tenant’s obligations under this Section 7.4 only (whether a) damage due to fire or other casualty, (b) taking by eminent domain and (c) repairs and work which are otherwise the specific responsibility of Landlord hereunder. At the end of the Lease Term or sooner termination of this Lease, Tenant shall peaceably surrender and deliver up the Premises to Landlord, broom clean, with all utilities safely capped, and in good condition and repair, reasonable wear and tear and damage by casualty and taking by eminent domain excepted, and removing all signs and lettering and all trade fixtures, personal property, goods and effects belonging to Tenant or anyone claiming through or under Tenant. Tenant shall cause all maintenance and repair work to conform to Legal Requirements. Tenant shall keep the Premises clear of all filth, trash and refuse and shall furnish all janitorial services and supplies necessary for this purpose. If at any time there exists an Event of Default as to Tenant’s obligations under the above provisions of this Section 7.4, then Landlord will have the right (but not the need for obligation), without waiving any such repairs occurred as Event of Default by Tenant, to cause such obligations to be performed upon not less than three (3) days’ prior written notice to Tenant (or a result shorter period of Lesseeprior written notice, or a contemporaneous written notice, if appropriate in Landlord’s usejudgment in light of the nature of Tenant’s obligations to be performed), and if Landlord causes any prior useof such obligations to be performed, the elements or the age of the Leased Property, or costs and expenses reasonably incurred by Landlord in connection therewith shall be due and payable by Tenant to Landlord upon demand. Notwithstanding any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term provision of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements contrary, Tenant shall not be required to remove any of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in Tenant Improvements Work at the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness end of the Leased Property or any part thereof for its Primary Intended UseLease Term.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) aboveTenant shall keep any and all Rooftop Equipment neat and clean and maintain any and all Rooftop Equipment in good repair and condition. At the end of the Lease Term or sooner termination of this Lease, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor Tenant shall not be required to bear remove the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existingRooftop Equipment.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Summer Infant, Inc.), Lease Agreement (Summer Infant, Inc.)
Maintenance and Repairs. (a) LesseeExcept to the extent such obligations are imposed upon Landlord hereunder, Tenant shall, at its sole cost and expense, will keep maintain the Leased PropertyPremises in good order, clean and healthful condition, in compliance with all private roadwaysLaws (including, sidewalks and curbs appurtenant thereto that are under Lessee’s controlwithout limitation, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductwareDisability Access Laws), and non-load bearing interior wallsrepair throughout the entire Lease Term, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (whether or not 30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations (collectively, “Repairs”) in and to the Premises, Building and Project and the facilities and systems thereof, plus an administration charge of ten percent (10%) of such cost, the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age which Repairs arises out of the Leased Propertyact, omission, misuse or any portion thereof) and (ii) to the extent negligence of damage caused by Lessor’s gross negligence or willful misconduct or that of Tenant, its agents, contractors, employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Useinvitees.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(aWithout limiting the generality of the terms of Section 10(a) above, except Tenant shall be responsible, at its sole cost and expense, for the making of all alterations, additions and improvements to the extent Premises, as are required to comply with applicable Laws, including, without limitation, Disability Access Laws, whether now in effect or enacted in the future and regardless of damage caused by Lessee’s negligence the scope of the work required to achieve such compliance, including without limitation, regardless of whether or willful misconduct not such Law was foreseeable, the period of time remaining in the Term, the relative benefits of compliance with such Law to Tenant or Landlord, and the relationship of the cost of compliance to the Rent payable under this Lease; provided, however, that of its employees or agents, Lessor Tenant shall not be required to bear make any structural changes to the cost Premises unless such changes are triggered by the Tenant Improvements, any Alterations or by Tenant’s specific use of maintaining the Premises for retail purposes. The judgment of any underground utilities court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated any Laws, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall advise Landlord in writing, with copies of all notices and other correspondence, within ten (10) days following the date Tenant first has knowledge of any claim, action or investigation (whether oral or written, actual or threatened) by any person or Governmental Authority, with respect to any real or alleged noncompliance by Landlord or Tenant with any Law relating to the Premises, the Building or the Project. As used herein, the term “Disability Access Laws” shall mean and refers to the building code requirements enacted by the State of California and the structural elements City and County of the Leased Improvements, including exterior walls San Francisco governing accessibility and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required barrier removals applicable to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations persons protected under the Franchise Agreement and the Management Agreement. Lessor shall have the right to giveAmericans With Disabilities Act of 1990 (42 U.S.C. § 12101, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existinget seq.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof).
Appears in 2 contracts
Sources: Retail Lease Agreement (Slack Technologies, Inc.), Retail Lease Agreement (Slack Technologies, Inc.)
Maintenance and Repairs. (a) LesseeExcept as such maintenance and repairs are the responsibility of Master Landlord pursuant to the terms of Sections 7 and 10 of the Master Lease, Subtenant shall, at its sole expensecost, will keep and maintain in good condition and repair the Leased PropertySubleased Premises; provided, however, that in the event a necessary repair or maintenance item affects a portion of Building 170 for which Sublandlord is responsible under the Master Lease, and all private roadwayssuch portion is greater than just the Subleased Premises, sidewalks then, Sublandlord shall perform such obligation and curbs appurtenant thereto (a) the cost thereof shall be amortized over the useful economic life of such item, as determined by Sublandlord in its reasonable discretion, together with an interest factor on the unamortized cost of such item equal to (1) Sublandlord’s actual cost of funds (for any such item, the cost of which is financed by a third party), or (e) eight percent (8%) per annum (for any such item, the cost of which is financed by Sublandlord), but in no event shall such interest rate exceed the maximum rate of interest permitted by applicable law, and (b) Subtenant shall pay Sublandlord Subtenant’s Share of the monthly amortized cost of such item each month for the remainder of the Sublease Term. Notwithstanding anything to the contrary contained in this Section 8, in no event shall Sublandlord be obligated to undertake any maintenance and repair obligations that are otherwise the responsibility of Master Landlord hereunder or under Lesseethe Master Lease, and, subject to the terms of Sections 6 and 18 of this Sublease, Subtenant hereby confirms its assumption of Sublandlord’s control, including windows maintenance and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not repair obligations under the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) Master Lease to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior such obligations are applicable to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended UseSubleased Premises.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.
Appears in 2 contracts
Sources: Sublease (Threshold Pharmaceuticals Inc), Sublease (Exelixis Inc)
Maintenance and Repairs. (a) Lessee, at its sole expense, will keep the Leased PropertyUnless expressly provided otherwise in this Lease, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductwarein addition to the provisions of Section 6(A)(vi), and non-load bearing interior walls, and parking lot surfacesLandlord shall maintain, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior usecondition, the elements or the age common areas of the Leased PropertyBuilding, or any portion thereof) and (ii) to if any, the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement structural parts of the Term of this Lease (concealed or otherwise)Building which shall include only the foundations, or required by any governmental agency having jurisdiction over the Leased Propertybearing and exterior walls, except as to the structural elements of the Leased Improvements. Lesseeexterior windows, howeverexterior doors, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shallsubflooring, to the extent reasonably achievablegutters, be at least equivalent in quality to the original work. Lessee will not take or omit to take any actiondownspouts, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel Building and the Building Systems and Equipment; provided, in the event any such replacements, repairs or maintenance are 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, its agents, employees or invitees, the cost of such repairs shall be paid solely by Tenant and Tenant shall pay the cost thereof within ten (but excluding 10) days of notice from Landlord, subject to the waiver of claims and waiver of subrogation provisions of Section 11 hereof. Except as provided above, and subject to 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, ceilings, interior doors, interior windows and plate glassfixtures, mechanical, electrical and plumbing Premises’ specific systems and equipment, and accessible interior plumbing serving the Premises (not including conduit plumbing within walls, ceiling, or floor) as well as any damage to the Building,, Center or Premises caused by Tenant, its agents, employees or invitees, the latter subject to the waiver of claims and ductwarewaiver of subrogation provisions of Section 11. 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) put or cause the same to be put into the condition and state of repair agreed upon, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit case Tenant, on demand, shall pay the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion cost thereof.
Appears in 2 contracts
Sources: Lease (Trupanion Inc.), Lease (Trupanion Inc.)
Maintenance and Repairs. (a) LesseeLandlord, at its sole Landlord’s expense, will agrees to keep and maintain in good condition and repair all structural components of the Leased PropertyBuilding, including the foundation, the exterior walls, the interior bearing walls and the roof. Landlord shall keep and maintain in good condition and repair all utility and building equipment and systems servicing the Building and the Premises, such as heating, air conditioning, plumbing, and electric wiring, and all private roadwayslandscaping, sidewalks driveway, parking areas and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not sidewalks. Landlord shall maintain the need for such repairs occurred as a result of Lessee’s use, any prior useProperty, the elements or the age of the Leased Property, or any portion thereofBuilding (and all Common Areas) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided Premises in Subsection 9.1(b), Article 14 or Article 15, a in a first class manner and in accordance with sound and reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason practices for facilities of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Uselike kind.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(aWithout limitation to the generality of Article 10(a) above, the Building and the Property and the chillers and related equipment that are part of the Common HVAC System (as defined in Exhibit “G” attached hereto), which are located within the Building, and all other parts of the Building systems which do not exclusively serve the Premises and are not located exclusively within the Premises, shall be maintained in good order and condition and repaired by Landlord, at Landlord’s expense, except to the extent of damage caused by Lessee’s resulting from the negligence or willful misconduct wrongful act of Tenant, its employees, agents or that of its employees or agentsinvitees, Lessor in which event Landlord shall be required to bear maintain and repair same at Tenant’s expense and Tenant shall reimburse Landlord for the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existingsame upon demand.
(c) Nothing contained Without limitation to the generality of Article 10(a) above, Landlord’s, at Landlord’s expense, shall maintain in good order and condition and repair the interior of the Premises, including without limitation, all Premises systems exclusively serving the Premises and exclusively located within the Premises, except to the extent resulting from the negligence or wrongful act of Tenant, its employees, agents or invitees, in which event Landlord shall maintain and repair same at Tenant’s expense and Tenant shall reimburse Landlord for the cost of same upon demand. Tenant shall keep the interior of the Premises clean and orderly in accordance with Landlord’s standards for the Premises and Corporate Campus 1.
(d) As used in this Lease and no action or inaction by Lessor Article 10 the term “repair” shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property include replacement when required in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofLandlord’s reasonable opinion.
Appears in 2 contracts
Sources: Lease (Surgiquest Inc), Lease (Surgiquest Inc)
Maintenance and Repairs. 8.1 Tenant shall keep and maintain (i) the Premises, (ii) all improvements, fixtures, systems and equipment located therein, (iii) all improvements, fixtures, systems and equipment installed outside the Premises by or on behalf of Tenant for the use or benefit of the Premises (including, without limitation, all HVAC, electrical, life-safety, fire protection or other systems or equipment installed by or on behalf of Tenant), (iv) all plate glass located in the Premises, (v) the store front (including metal framing and glass) of the Premises, and (vi) all canopies and sidewalks in front of or adjacent to the Premises, all in clean, safe and sanitary condition, shall take good care thereof and make all repairs thereto, and shall suffer no waste or injury thereto. Notwithstanding the foregoing, Landlord reserves the right, following notice (which notice may be written or oral) to Tenant, to maintain (a) Lesseeall or any of the improvements, at its sole expensefixtures, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment installed outside the Premises by or on behalf of Tenant for the use or benefit of the Premises, following Tenant's failure to timely and properly maintain the same, (b) all plate glass located in the Premises, (c) the store front of the Premises, and/or (d) any or all sidewalks located in front of or adjacent to the Premises. In the event Landlord so elects, Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord in connection therewith, within ten (10) days after Tenant's receipt of Landlord's request for the same. At the expiration or earlier termination of the Lease Term, Tenant shall surrender the Premises in the same order and condition in which they were on the Lease Commencement Date, or on the respective date of delivery of possession with respect to any space in the Building subsequently leased by Tenant, ordinary wear and tear excepted. Except as otherwise provided in Article 18, all injury, breakage and damage to the Premises and to any other part of the Building (including conduit the systems and ductware)equipment thereof) or the Land caused by any neglect, act or omission of Tenant, of any other person or entity claiming by, through or under Tenant, or of any invitee, agent, employee, subtenant, licensee, assignee, contractor or invitee of any such other person or entity or of Tenant (collectively, "Invitees") shall be repaired by and at Tenant's expense, subject to Landlord's approval of all matters relative to the performance of such repairs, except that 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, plus a percentage of such costs to be uniformly established for the Building for Landlord's overhead and general conditions. Notwithstanding the foregoing, it is understood and agreed that Tenant shall not be obligated to repair any injury, breakage or damage to the Premises or any other part of the Building caused by the neglect, act or omission of Landlord or any of Landlord's employees, agents or contractors.
8.2 Tenant also shall be responsible for maintaining any HVAC units, refrigerators, freezers or other similar equipment (including all grease traps located in or serving the Premises) in compliance with any legal requirements now or hereafter regulating the use of the same, and non-load bearing interior wallsTenant shall furnish Landlord upon request with proof that (i) such equipment is not defective, (ii) such equipment has been properly installed, and parking lot surfaces(iii) Tenant is complying with all legally-required inspections and maintenance procedures relative thereto. In the event the repair, modification or removal of such equipment is at any time required by Law, Landlord shall be permitted (but not obligated) to perform such repair, modification or removal at Tenant's expense, if Tenant fails to do so within a reasonable time after notice.
8.3 Landlord shall keep and maintain in good order and repair, except (i) for ordinary wear repair the base-building structure and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age systems of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased ImprovementsBuilding, including the roof, exterior walls and the roof of the Hotel (but excluding windows the storefront of the Premises, all doors to the Premises and all plate glassglass in the Premises), mechanicalelevators, electrical electrical, plumbing and plumbing HVAC systems and equipment, including conduit and ductwareserving the common areas of the Building (but excluding any supplemental HVAC or other systems or equipment installed by or on behalf of Tenant), and non-load bearing walls, the ground floor lobby and parking lot surfaces)other common areas of the Building. Except as set forth in the preceding sentence and in Section 10.5, Lessor Tenant shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to kitchen exhaust riser servicing the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existingPremises.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.
Appears in 2 contracts
Sources: Lease Agreement (Smith & Wollensky Restaurant Group Inc), Lease Agreement (New York Restaurant Group Inc)
Maintenance and Repairs. SECTION 7.01. Tenant shall, throughout the term hereof until the surrender of the Demised Premises (a) Lesseewhich is governed by Article Fifteen hereof), and, except as may be otherwise expressly provided herein, 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, except as may be otherwise expressly provided herein, promptly make all repairs to maintain the Demised Premises in good and lawful order and condition. When used in this Article, the term “repairs” shall include replacement, restoration and/or renewals when necessary. The provisions and conditions of Article Nine applicable to changes or alterations shall similarly apply to repairs required to be done by Tenant under this Article. Tenant shall keep and maintain all portions of the Demised Premises, including, without limitation, the roof and structure of the building and all building equipment, plumbing, and HVAC systems in good working order and condition and shall maintain the sidewalks, in a clean and orderly condition, free of accumulation of water, dirt and rubbish. Except as otherwise provided in Article Fifteen, nothing herein contained shall be construed to prevent Tenant from removing from the Demised Premises its own trade fixtures, furniture, and equipment on the condition, however, that Tenant shall, at its sole own cost and expense, will keep and it hereby agrees to, repair any and all damages to the Leased PropertyDemised Premises resulting from or caused by the removal thereof, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for not from ordinary wear and tear (whether tear.
SECTION 7.02. Tenant shall permit Landlord and the authorized representatives of Landlord to enter the Demised Premises upon reasonable notice at all reasonable times during usual business hours for the purpose of exhibiting or not inspecting the need for 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 repairs occurred work or to make any alterations, repairs, additions or improvements to the Demised Premises, of any kind whatsoever except to the extent required as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by LessorLandlord’s gross negligence or willful misconduct or that of its employees agents or agentsemployees. 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 liable for inconvenience, andannoyance, except as otherwise provided in Subsection 9.1(b)disturbance, Article 14 loss of business or Article 15other damage of Tenant or any other occupant of the Demised Premises or part thereof, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to making repairs or the commencement performance of any work on the Term Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof and the obligations of Tenant under this Lease (concealed or otherwise), or required by shall not thereby be affected in any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvementsmanner whatsoever. LesseeLandlord shall, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance doing of any labor or services or the furnishing such work cause as little inconvenience, annoyance, disturbance, loss of any materials business or other property for the construction, alteration, addition, repair or demolition of or damage to the Leased Property Tenant or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or such other property in such fashion occupant as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor reasonably possible in the Leased Property, or any portion thereofcircumstances.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Asbury Automotive Group Inc)
Maintenance and Repairs. 12.1 Landlord shall repair and maintain the structural elements and exterior windows of the Building and the Common Areas, and the electrical, plumbing, heating, ventilation and air conditioning systems of the Building and the Common Areas, except that:
(ai) LesseeLandlord shall not be responsible for the maintenance, repair or replacement of any such systems which are located within the Premises which are supplemental or in addition to the Building's standard systems, whether installed pursuant to the Work Letter or otherwise; and
(ii) the cost of performing any of said maintenance or repairs caused by the negligence of Tenant, its employees, agents, servants, licensees, subtenants, contractors or invitees, or the failure of Tenant to perform its obligations under this Lease shall be paid by Tenant. Landlord's obligations under the preceding sentence shall not accrue until after notice by Tenant to Landlord of the necessity for any specific repair delivered to the Landlord's Notice Address.
12.2 Except as otherwise set forth in Section 12.1, Tenant shall, throughout the term of this Lease, at its Tenant's sole expense, will cost and expense keep the Leased Property, Premises and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, every part thereof in good order condition and repair, except (i) for ordinary wear and tear (whether tear. Tenant shall make all repairs and replacements to the Premises necessitated or not caused by the need for such repairs occurred as a result acts, omissions or negligence of Lessee’s useTenant, Tenant's Group or any prior use, person or entity claiming through or under Tenant or any of Tenant's Group or by the elements use or the age occupancy or manner of use or occupancy of the Leased Property, Premises by Tenant or any portion thereof) such person or entity.
12.3 There shall be no abatement or diminution of rent and (ii) to the extent no liability of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising Landlord by reason of a condition existing prior any injury or interference with Tenant's business arising from the making of any repairs or maintenance in or to the commencement any portion of the Term Premises. If repairs or replacements become necessary which by the terms of this Lease are the responsibility of Tenant and Tenant fails to make the repairs or replacements, Landlord may make the repairs or replacements and Tenant shall upon demand pay to Landlord one hundred and twenty percent (concealed or otherwise), or required by any governmental agency having jurisdiction over 120%) of the Leased Property, except as reasonable cost thereof.
12.4 The Common Areas and Complex shall be subject to the structural elements control, management, operation and maintenance of the Leased ImprovementsLandlord. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor Landlord shall have the right to giveconstruct, record maintain and postoperate lighting and other facilities in the Building and in and on the Complex and Common Areas; to grant third-parties temporary rights of use thereof; from time to time to change the area, as appropriatelevel, notices location or arrangement of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease parking areas and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, other facilities; to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition grant exclusive use of or lease the Common Areas to other persons; to close all or any portion of the Leased Property Complex and Common Areas; to close all or any part thereofof the parking areas or parking facilities; and to do and perform such other acts in and to the Building, or (2) giving Lessee any rightthe Complex and Common Areas as Landlord shall determine to be advisable. Landlord will operate and maintain the Common Areas in such manner, power or permission as Landlord, in its sole discretion, shall determine from time to contract time.
12.5 Tenant shall, and shall cause Tenant's Group to, comply with and observe the Rules and Regulations which are attached hereto as Exhibit "B". Landlord shall have the right from time to time to modify and enforce Rules and Regulations with respect to the Complex, including the Common Areas, and to assign its rights and responsibilities for or permit the performance of any labor or services or the furnishing of any materials Common Areas and Complex to a manager or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofperson.
Appears in 2 contracts
Sources: Lease (Williams Communications Group Inc), Lease (Williams Communications Group Inc)
Maintenance and Repairs. Section 12.1. Tenant shall, throughout the term of this lease, at Tenant's sole cost and expense, maintain in good and lawful order, condition and repair the Demised Premises and the sidewalks and curbs adjacent thereto, and, subject to the rights of Tenant under Article 14 hereof, shall not commit or suffer any waste with respect thereto. Tenant shall promptly make all repairs, interior and exterior, structural and non-structural, ordinary as well as extraordinary, foreseen as well as unforeseen, necessary to keep the Demised Premises and the sidewalks and curbs adjacent thereto in good and lawful order and condition. When used in this Article, the term "repairs" as applied to Building Equipment shall be deemed to include replacements, restorations and/or renewals when necessary. In any event, Tenant shall have the right, at any time and from time to time, to remove and dispose of Building Equipment which may become obsolete or unfit for use or which is no longer useful in the operation of the Demised Premises. If any Building Equipment shall be removed, Tenant shall promptly replace the same with other equipment, not necessarily of the same character but of at least equal utility and value, except that if (a) Lessee, at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to technological or other developments in the commencement operation and maintenance of buildings of the Term general character of this Lease (concealed the Building, no replacement of the Building Equipment so removed or otherwise)disposed of is necessary or desirable in the proper operation or maintenance of the Building, or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) abovethe portion of the Building in which such Building Equipment is located or which it serves is to be demolished, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor Tenant shall not be required to bear replace the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces)same. Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor Tenant shall have the right to givesell or otherwise dispose of any Building Equipment which it is required to replace or elects to replace pursuant to the provisions of this Section, record and postmay retain as its sole property the proceeds of any such sale or disposition. The provisions and conditions of Article 15 shall apply to repairs required to be done by Tenant under this Article. Subject to Tenant's rights to make Alterations, Tenant shall keep and maintain all portions of the Demised Premises and the curbs and sidewalks adjoining the Demised Premises, in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and Tenant shall not permit or suffer any overloading of the floors of the Building. Except as appropriateotherwise provided in Article 22, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing nothing herein contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessorto prevent Tenant or any subtenant, expressed or impliedsublessee, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for occupant claiming under or through Tenant from removing from the constructionDemised Premises its trade fixtures, alterationfurniture and equipment (other than Building Equipment), additionon the condition, however, that Tenant shall do so without cost or expense to Landlord. Subject to the exception which is set forth in clause (b) of this Section, Tenant hereby agrees to promptly repair or demolition of or cause to be repaired any and all damages to the Leased Property Demised Premises resulting from or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in caused by such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofremoval.
Appears in 2 contracts
Sources: Lease (Northstar Capital Investment Corp /Md/), Lease (Northstar Capital Investment Corp /Md/)
Maintenance and Repairs. (a) LesseeTenant shall permit Landlord, at its sole expenseLandlord's agents, will keep representatives, contractors and employees and public utilities servicing the Leased PropertyBuilding to erect, use and maintain, concealed ducts, pipes and conduits in and through the Premises. Landlord, Landlord's agents, representatives, contractors, and employees and the agents, representatives, contractors, and employees of public utilities servicing the Building shall have the right to enter the Premises at all private roadwaysreasonable times upon reasonable prior notice (except in the case of an emergency in which event Landlord and Landlord's agents, sidewalks representatives, contractors, and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductwareemployees may enter without prior notice to Tenant), and non-load bearing interior wallswhich notice may be oral, to examine the same, to show them to prospective purchasers, or prospective or existing Mortgagees or Lessors, and parking lot surfacesto make such repairs, alterations, improvements, additions or restorations (1) as Landlord may deem necessary or desirable to the Premises (if in good order and repaircompliance with a Requirement or to fulfill an obligation to Tenant or another tenant of the Building) or to any other portion of the Building or Building Systems, except or (i2) which Landlord may, pursuant to Section 16.1 (d), elect to perform, or (3) for ordinary wear and tear (whether or not the need for such repairs occurred as a result purpose of Lessee’s usecomplying with the terms of this Lease, any prior useRequirements, the elements a Superior Lease or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacementsa Mortgage, and improvements thereto Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of every kind Tenant in whole or in part and naturethe Base Rent (and any other item of Rental) shall under no circumstances ▇▇▇▇▇ while said repairs, whether interior alterations, improvements, additions or exterior ordinary or extraordinaryrestorations are being made, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement loss or interruption of the Term business of this Lease (concealed Tenant, or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except Any work performed or installations made by Landlord pursuant to this Article 16 shall be made with reasonable diligence and otherwise pursuant to the extent provisions of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements Section 16.7 hereof. Following completion of the Leased Improvementswork or installations, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor Landlord shall not under promptly repair any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description damage to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existingPremises resulting therefrom.
(c) Nothing contained Except as hereinafter provided, any pipes, ducts, or conduits installed in or through the Premises pursuant to this Article 16 shall be concealed behind, beneath or within partitioning, column enclosures, ceilings, floors or raised floors located or to be located in the Premises. Notwithstanding the foregoing, any such pipes, ducts, or conduits may be furred at points immediately adjacent to partitioning columns or ceilings located or to be located in the Premises, provided that the same are completely furred and that the installation of such pipes, ducts, or conduits, when completed, shall not reduce the usable area of the Premises beyond a de minimis amount.
(d) If Tenant shall be in default under this Lease beyond applicable notice and cure periods (provided no action notice or inaction by Lessor cure period shall be construed as required in the event of an emergency), Landlord may (1A) constituting perform the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or same for the performance account of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereofTenant, or (2B) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may createexpenditure or incur any obligation for the payment of money, including, without limitation, reasonable attorneys' fees and disbursements in instituting, prosecuting or in defending any way action or proceeding, and the reasonable cost thereof, with interest thereon at the Applicable Rate, shall be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.deemed to be Additional Rent hereunder and shall be paid by Tenant to Landlord within thirty
Appears in 2 contracts
Sources: Office Lease (Tufin Software Technologies Ltd.), Office Lease (Tufin Software Technologies Ltd.)
Maintenance and Repairs. Except for customary cleaning and trash removal provided by Landlord under Article 6, casualty damage to be repaired by Landlord under Article 11 and condemnation under Article 12, Tenant shall keep and maintain (aor cause to be kept and maintained) Lessee, at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, Premises in good and sanitary condition, working order and repair, except repair (i) for ordinary wear and tear excepted), in compliance with all applicable Laws as described in Article 7, and as required under other provisions of this Lease, including the Rules (including any carpet and other flooring material, paint and wall-coverings, doors, ceilings, interior surfaces of walls, any non-Building standard lighting fixtures, and any plumbing and other fixtures, alterations, improvements, systems and equipment within or exclusively serving the Premises, whether installed by Landlord or not Tenant). In the need event that any repairs, maintenance or replacements are required, Tenant shall promptly notify Landlord and arrange for the same either: (i) through Landlord for such reasonable charges as Landlord may establish from time to time, payable within thirty (30) days after billing, or (ii) by engaging such contractors as Landlord generally uses at the Property for such work, or such other contractors as Landlord shall first reasonably approve in writing to perform such work, all in a first class, workmanlike trimmer and otherwise in compliance with Article 9 respecting “Work”. Tenant shall promptly notify Landlord concerning the necessity for any repairs occurred or other work hereunder and upon completion thereof. Tenant shall pay Landlord for any repairs, maintenance and replacements to areas of the Property outside the Premises caused, in whole or in part, as a result of Lessee’s usemoving any furniture, any prior use, the elements or the age of the Leased Propertyfixtures, or any portion thereof) and other property to or from the Premises, or otherwise by Tenant or its employees, agents, contractors, or visitors (ii) notwithstanding anything to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided contrary contained in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfacesLease). Except as set forth provided in the preceding sentence sentence, or for damage covered under Article 11, Landlord shall keep the roof (and in Section 10.5roof membrane), Lessor shall not under structure, exterior walls and windows, Systems and Equipment (including any circumstances be required to build or rebuild Building-standard overhead lights), and any improvement on parking and other common areas of the Leased Property, or to make any repairsin good and sanitary condition, replacements, alterations, restorations or renewals working order and repair (the cost of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, which shall be included in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, Expenses to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofdefinition thereof in Article 30).
Appears in 2 contracts
Sources: Office Lease (Chimerix Inc), Office Lease (Chimerix Inc)
Maintenance and Repairs. (a) Lessee8.1 Tenant, at its Tenant’s sole cost and expense, will keep shall promptly make all repairs and replacements (excluding to the Leased Property, Building Structure and all private roadways, sidewalks Systems or the Premises FLS Equipment [as defined in Section 8.2 below] and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductwareexcluding the work Landlord is responsible to perform pursuant to Section 8.2(b) below), and non-load bearing interior walls, and parking lot surfacesperform all maintenance, in and to the Premises (excluding the Building Structure and Systems or the Premises FLS Equipment and excluding the work Landlord is responsible to perform pursuant to Section 8.2(b) below) to keep the Premises in good order operating condition and repair, except in a clean, safe and tenantable condition, well-ventilated and moisture controlled (i) for ordinary wear subject to the Building Structure and tear (whether Systems being in good working order), and otherwise in accordance with all Laws and the requirements of this Lease. Tenant shall likewise maintain all fixtures, furnishings and equipment located in, or not the need for such repairs occurred as a result of Lessee’s use, any prior useexclusively serving, the elements Premises and make all required repairs and replacements thereto. Tenant shall also maintain, repair and replace, at Tenant’s sole cost and expense, the Tenant Items and shall keep in force customary maintenance and service contracts therefor, if any, which contracts shall be kept in force for each supplemental HVAC unit installed or used by Tenant. Tenant shall give Landlord prompt written notice of any defects or damage to the age of the Leased Propertystructure of, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence equipment or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any actionfixtures in, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property Building or any part thereof, or any mold or moisture condition, of which Tenant has knowledge. Tenant shall suffer no waste or injury to any part of the Premises, and shall, at the expiration or earlier termination of the Lease Term, surrender the Premises in an order and condition, equal or similar to that on the Rent Commencement Date (2) giving Lessee subject to any rightAlterations completed by Tenant during the Term of the Lease and not required to be removed by Tenant pursuant to the terms hereof), power except for ordinary wear and tear and as otherwise provided in Article XIII or permission Article XVII. Except as otherwise provided in Article XVII, all injury, breakage and damage to contract for the Premises and to any other part of the Building or permit the performance Land caused by any negligent 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 labor such injury, breakage or services or damage within a reasonable period (not to exceed thirty (30) days) following Tenant’s receipt of notice from Landlord, then Landlord shall have the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or right at Landlord’s option to make any agreement such repair and to charge Tenant for all costs and 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 may createif Tenant elects to supply the bulbs or tubes to Landlord, then Landlord shall provide the labor involved for such replacement at Tenant’s expense.
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: (a) keep all the Building Structure and Systems and the Premises FLS Equipment (as defined below), clean, attractive and in good operating condition consistent with the standards applicable to other comparable Class-A office buildings of similar quality in the Pasadena market; and (b) perform such other work to the mechanical, electrical, HVAC and plumbing systems in the Premises as Landlord provides to other commercial office tenants of the Building without direct charge to such tenants (excluding pursuant to such reimbursement) or as is customarily performed without direct charge to commercial office tenants (excluding pursuant to such reimbursement) by institutional owners and managers of other comparable Class-A office buildings of similar quality in the Pasadena market, in accordance with the industry custom and practice applicable to the performance by landlords of repair and maintenance in the premises of tenants in such buildings. Landlord shall, promptly after becoming aware of any item needing repair or replacement, will make such repair or replacement. For this purpose, “Premises FLS Equipment” shall mean fire and life safety equipment within the Premises to the extent generally required for use as commercial offices (such as sprinkler systems and fire alarms required for general office use) but not including any equipment required or desired for particular activities or installations of Tenant (such as a separate fire and life safety panel for a server room). 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) Landlord shall have no obligation to make any repairs whatsoever brought about by any negligent act or omission or the willful misconduct of Tenant or any Tenant’s Agent. Tenant hereby waives any and all rights under and benefits of Section 1932, Subdivision 1 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in any way be effect; provided, however, that Tenant shall have all self-help rights available to it under Section 15.6, which shall remain in full force and effect and is unaffected by the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofforegoing waiver.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Guidance Software, Inc.)
Maintenance and Repairs. (a) LesseeLessee shall, at its sole own expense, will keep maintain ------------------------ the Leased Propertybuilding and demised premises in good condition and repair, and all private roadwaysincluding, sidewalks and curbs appurtenant thereto that are under Lessee’s controlbut not limited to, including windows and the foundation, exterior walls, plate glass, mechanicalroof, heating equipment, air conditioning equipment, plumbing, interior of building, electrical and plumbing systems and equipment (including conduit and ductware)system, and non-load bearing interior wallspavement and landscaping around said building, and parking lot surfaces, in good order and repair, except (i) for subject to ordinary wear and tear (whether tear. Repairs, as used in this paragraph, do not mean replacement of such capital improvements as the roof, heating and air conditioning equipment or not other major items which might wear out in their ordinary use during the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term term of this Lease (concealed or otherwise), or required by Lease. The Lessee shall indemnify the Lessor against any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s mechanic lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition liens rising out of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against alterations, repairs, additions or improvements to the premises by the Lessee. The Lessor shall, at its expense, make all capital improvements, as opposed to repairs, to the roof, heating and air-conditioning system, and other major items in respect thereof or order to make keep the same in good repair and operating condition during the original term and any agreement extended term of this Lease. The parties agree that may createthe cost of each capital improvement will be amortized over the life of said improvement, or hereinafter sometimes referred to as "annual amortized cost", and the Lessee shall, while it is in any possession of the premises, during the life of such improvement pay to the Lessor annually on the anniversary to date of the completion of such capital improvement an amount equal to the annual amortized cost. By way of illustration: If a capital improvement which has a life expectancy of twenty (20) years and costs $20,000.00, the annual amortized cost would be $1,000.00, and if the basis improvement was completed on March 1, 1989, the Lessee would pay to the Lessor on March 1, 1990 and on the 1/st/ day of March each calendar year thereafter while the Lessee is in possession of the premises, to and including the 1/st/ day of March, 1990, the sum of $1,000.00. Lessee has no obligation to reimburse Lessor for any right, title, interest, lien, claim or other encumbrance upon sums expended in making said capital improvements that have not been paid prior to the estate termination of Lessor in the Leased Property, or any portion thereofthis Lease.
Appears in 2 contracts
Sources: Form 10 K, Lease Agreement (Unifi Inc)
Maintenance and Repairs. a. In return for the payment of the sums stated in the following section c, the Lessor undertakes to supply the maintenance services detailed in the following section b, himself and/or the management firm (aabove and below: “The management firm” / “The services firm”), all on the terms detailed below and in the management agreement. As long as a management firm was not appointed and/or established, the Lessor will serve as a management firm for this Agreement and the management agreement’s requirements. By signing this Agreement and as a condition to the signing, the Tenant undertakes to sign an agreement for all the Lease period, as formulated by the Lessor from time to time, and to sign every update or addition to the agreement, as required by the management firm and/or the Lessor, from time to time (above and below: “The management agreement”) Lesseeand he undertakes to fulfill all the management agreement’s provisions and to abide by all his undertakings by the management agreement. The management agreement will be presented for signing by the Tenant after signing this Agreement. If the Tenant does not sign the management agreement, or if the Tenant breaches the management agreement, it will be deemed as a breach of this Agreement by the Tenant, and it is explicitly clarified that non-payment by the Tenant of the management’s fees to the Lessor or to the management firm in order and on time, will be deemed, among others, as a basic breach of this Agreement by the Tenant. Also, it is clarified that the services do not include the Tenancy’s interior including the Tenancy’s interior’s cleaning that are not included in the services received from the Lessor or from the management firm. The Lessor undertakes that all the other tenants on the office floors will sign the same text of the management agreement.
b. The maintenance services provided by the Lessor and/or by the management firm will be at least of the sort, the size and the terms described here:
(1) Structure’s maintenance, Mechanical systems’ maintenance, public installation, public sewage, public electricity including an emergency generator, elevators’ maintenance, gardening, public signs maintenance, public areas cleaning.
(2) Air-conditioning services including the maintenance of the central cooling system and supply of cooling services during the day, 7 days per week. The Lessor will provide the Tenant, if it is required, cooling services in winter also and that to the scope and terms on which they will agree. It is clarified and agreed, that the Lessor undertakes to provide central air-conditioning services in the public areas up to and as far as the Tenancy’s entrance and that the air-conditioning services do not include handling and maintaining the air-conditioning facilities inside the Tenancy. The Tenant is solely responsible for the system and all the air-conditioning facilities inside the Tenancy. For avoidance of doubt, it is hereby clarified that subject to the Lessor’s undertaking to repair breakdowns, if any, in the central air-conditioning system only, including inside the Tenancy, this agreement does not make him responsible for stoppages that might occur in the air-conditioning facilities either by breakdowns, by maintenance work or any other reason and the Tenant will not be allowed to demand and/or receive from the Lessor any compensation and/or damages and/or facility for any reason. For avoidance of doubt, the Tenant will bear all the costs for the handling and maintenance of the air-conditioning facilities inside the Tenancy, in addition to the management fees.
(3) Environmental maintenance – Within a scope that will be determined from time to time by the Lessor, at his absolute and exclusive discretion (hereinafter: “The maintenance services”)
c. In return for the maintenance services, including the electricity expenses for the air-conditioning, the Tenant will pay the Lessor or the management firm, according to the Lessor’s choice, in addition to the management fees detailed in the above § 10 and as stated in the supplement a’1 to the Agreement, the management fees, detailed in the management agreement (above and below: “The management fees” or “The management firm maintenance fees”). The Tenant will pay the maintenance fees as stated above in advance for every 3 months of the Lease period, together with the rent, as detailed in the above § 11.
d. Together with the maintenance fees, the Tenant will pay the VAT applying to these payments on the VAT payment dates.
e. For avoidance of doubt it is agreed that the Lessor and/or the management firm will not be deemed, together and separately, the “guards” of the Tenancy and/or its sole contents in relation to the provisions of the Guardians’ Law 1967.
f. The Tenant undertakes to notify the Lessor and/or the management firm, immediately and without delay of any loss, breakdown or damage caused to the Tenancy or part of it.
g. Notwithstanding the aforesaid, the Tenant undertakes to immediately repair at his expense, any defect or breakdown for which the Tenant is responsible by this Agreement, within seven (7) days of their occurrence, or in a shortest time possible, if it will keep be necessary in the Leased Propertyopinion of the Lessor and/or the management firm.
h. If the Tenant does not comply in full with the undertakings of § f’ and g’, the Lessor and/or the management firm will be entitled (but not obliged) to personally attend to the maintenance and repairs that apply to the Tenant after which the Tenant will reimburse the Lessor and/or the management firm, as applicable, for all the expenses paid in this case immediately on first demand and according to the said request. The content of this section does not derogate from the Tenant’s obligation to carry out the repairs in the Tenancy himself.
i. For avoidance of doubt, when a management firm has been appointed to manage the building, any complaint by the Tenant to the management firm will not be a cause for a claim on the Tenant’s side towards the Lessor. Notwithstanding the stated in this subsection, it is agreed that if the management firm materially breaches its undertakings deriving from the management agreement, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware)the breach was not corrected after the receipt of a 14 days written warning from the Tenant, and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lesseethis breach the Tenant cannot reasonably use the Tenancy for the Tenancy’s use, any prior usepurposes, the elements Tenant will apply in writing to the Lessor, and the Lessor will undertake to make every effort to repair the breach in reasonable time as applicable. It is also hereby agreed, that in cases as stated, in which, after severe damages to the systems and/or to the leased structure for which the management firm is responsible, the use of the Tenancy by the Tenant will be prevented, and if the management firm does not start to repair the hindrance, as soon as it is informed about the hindrance, The Tenant will be allowed to apply to the Lessor in writing and the Lessor will make every effort to repair the breach in reasonable time ,as applicable. If the Lessor does not act as stated in the above subsection, the Tenant will be allowed to carry out the work to repair the breakdown /hindrance, only through an authorized and qualified contractor, and the Lessor will bear the actual reasonable cost of the necessary work, subject to the receipt of a tax invoice from the Tenant.
j. The management firm may, at its discretion and from time to time, determine the scope, essence and nature of the activities that it will execute their sort and essence. The management firm may also decide what part of the activities defined in the management or other agreements will be performed by them, if any, when and for what period.
k. If the Tenant will be recognized as an entity that has breached the service agreement toward the management firm in a final court ruling, the said breach will be deemed as a breach of the Tenant’s undertakings toward the Lessor in that agreement.
l. For avoidance of doubt it is hereby clarified that the stated in this section does not impose on the Lessor the duty to perform any management and maintenance services in the project. If the Lessor chooses to carry out management and maintenance services by himself, the provisions of this section will apply, subject to the necessary changes, on the delivery of the services by the Lessor. The Lessor may, without any agreement from the Tenant, carry out any building activity, change or addition to the project and the structure, all that at the Lessor’s exclusive discretion, as it will deem fit to do from time to time, provided that this does not change the Tenancy and that it will not harm the benefit from or the age use of the Leased Property, Tenant from his Tenancy except by law.
m. The Lessor may make any use of other parts of the structure or the project or of any portion thereof) and (ii) addition it has built or will build to the extent of damage caused by project, without limitation and without need to ask for consent from the Tenant; all that at the Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacementsexclusive discretion, and improvements thereto of every kind and natureas he may find as fit from time to time.
n. If the Lessor had decided to make a change or addition in the Tenancy’s area he will not do so during the Lease period, whether interior unless the Tenant’s prior consent has been given. This section does not apply to that stated concerning the Lessor or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of the management firm activities in the service agreement.
o. If the Tenant will not maintain the Tenancy in a condition existing prior proper state and/or will not make repairs as needed in the Tenancy and/or will not return the Tenancy to the commencement Lessor at the end of the Term period of Tenancy in a satisfactory condition, as stated in this Lease (concealed or otherwise)Agreement and/or if the Tenancy is damaged during the period of Tenancy that was not repaired by the Tenant, or required by then, in addition to any governmental agency having jurisdiction over the Leased Property, except as other rights accorded to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or case according to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted this Agreement’s provisions and/or by law, the right Lessor may do any repair and/or any action deemed fit to make repairs repair the damage and/or return the situation to normal; all that at the expense of Tenant’s expense.
p. The Tenant hereby undertakes to pay the Lessor, pursuant on first demand, all the sums that the Lessor has paid for the activities that the Lessor has carried out according to any law in effect at the time defined above. The Lessor’s accounts of the execution above expenses will be evidence of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement their accuracy and the Management Agreement. Lessor shall have Tenant will undertake to pay the right bills immediately upon their submission to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existinghim by the Lessor.
(c) Nothing contained in this Lease and no q. Any delay and/or standby, lack of response, lack of action or inaction by Lessor shall lack of taking measures on the Lessor’s part will not be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or interpreted in any way be as a waiver on the basis for Lessor’s part on any rightof his rights deriving from this Agreement toward a continuing breach on the Tenant’s part, titleprovided that the Lessor renounces explicitly, interestand in writing, lien, claim any of his rights.
r. If the Tenant will breach all this Agreement or any of its clauses and will not correct the breach within a reasonable time despite being warned in writing in a notice in which a reasonable time was suggested to correct the violation and whenever the Tenant will not pay the rent on time ,the rent and/or any monies and/or expenses and/or taxes and/or sums and/or other encumbrance upon the estate payment due by him deriving from this Agreement or any of Lessor its parts in the Leased Propertyfixed time and not even within seven days from the day he was required in writing to mend the breach - the Lessor may, or without derogating other given rights by law, and/or according to this Agreement, cancel the Agreement and require the immediate evacuation of the Tenancy and/or to fix a date for the evacuation of the Tenancy, as it sees fit, and in such a case the Agreement is cancelled on the date fixed by the Lessor.
s. The Tenant will be allowed to participate in the building’s resident’s meetings, and to vote in the meetings according to his proportional part in the structure on any portion thereofpurposes related to the building maintenance, its systems and the public areas in it provided that it is connected to the benefit and its use of the Tenancy and/or of the adjacent public area.
Appears in 2 contracts
Sources: Lease Agreement (Mobileye N.V.), Lease Agreement (Mobileye N.V.)
Maintenance and Repairs. 12.1 Landlord shall repair and maintain the structural elements and exterior windows of the Building and the Common Areas, and the electrical, plumbing, heating, ventilation and air conditioning systems of the Building and the Common Areas, except that:
(ai) LesseeLandlord shall not be responsible for the maintenance, repair or replacement of any such systems which are located within the Premises which are supplemental or in addition to the Building's standard systems, whether installed pursuant to the Work Letter or otherwise; and
(ii) the cost of performing any of said maintenance or repairs caused by the negligence of Tenant, its employees, agents, servants, licensees, subtenants, contractors or invitees, or the failure of Tenant to perform its obligations under this Lease shall be paid by Tenant. Landlord's obligations under the preceding sentence shall not accrue until after notice by Tenant to Landlord of the necessity for any specific repair delivered to the Landlord's Notice Address.
12.2 Except as otherwise set forth in Section 12.1, Tenant shall, throughout the term of this Lease, at its Tenant's sole expense, will cost and expense keep the Leased Property, Premises and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, every part thereof in good order condition and repair, except (i) for ordinary wear and tear (whether tear. Tenant shall make all repairs and replacements to the Premises necessitated or not caused by the need for such repairs occurred as a result acts, omissions or negligence of Lessee’s useTenant, Tenant's Group or any prior use, person or entity claiming through or under Tenant or any of Tenant's Group or by the elements use or the age occupancy or manner of use or occupancy of the Leased Property, Premises by Tenant or any portion thereof) such person or entity.
12.3 There shall be no abatement or diminution of rent and (ii) to the extent no liability of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising Landlord by reason of a condition existing prior to the commencement of the Term of this Lease (concealed any injury or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever interference with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit Tenant's business arising from the making of any claim against Lessor repairs or maintenance in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.of the Premises. If repairs or replacements become necessary which by the terms of this Lease are the responsibility of Tenant and Tenant fails to make the repairs or replacements, Landlord may make the repairs or replacements and Tenant
Appears in 1 contract
Maintenance and Repairs. (a) LesseeTenant shall, at its sole expensethroughout the Demised Term, will keep take good care of the Leased PropertyPremises and the buildings and improvements now or hereafter erected thereon, including, but not by way of limitation, the “Building Equipment” located within the Premises ( including but not limited to heating and air conditioning plants and systems, lighting and electrical systems, and plumbing) and, subject to the rights of Tenant under Article Seven of this Lease, shall not do or suffer any waste with respect thereto. Tenant shall (i) promptly make all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment repairs (including conduit and ductware), structural and non-load bearing interior wallsstructural), necessary to keep said buildings, improvements, on site improvements, and parking lot surfaces, Building Equipment in a good state of order and repair, except (i) for ordinary condition subject to reasonable wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s usetear, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) irrespective of the availability or sufficiency of any fire or other insurance proceeds payable with respect thereto pursuant to Article 8 hereof, restore the extent same, following any damage or destruction by reason of damage caused any fire or other casualty, or by Lessor’s gross negligence reason of any settling of said buildings or willful misconduct improvements. When used in this Article, the term “repairs” as applied to Building Equipment shall include replacements, restoration and/or renewals when necessary. The provisions and conditions of Article Seven applicable to changes or that of its employees or agents, and, except alterations shall similarly apply to repairs required to be done by Tenant under this Article. Except as otherwise provided in Subsection 9.1(b)Article Thirteen, Article 14 nothing herein contained shall be construed to prevent Tenant or Article 15any subtenant, with reasonable promptnesssublessee, make all necessary and appropriate repairs replacementsor other occupant claiming under or through Tenant from removing from the Premises trade fixtures, furniture, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to equipment (other than Building Equipment) on the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lesseecondition, however, that Tenant shall, at its own cost and expense, repair any and all damages to the Premises resulting from or caused by the removal thereof. Notwithstanding anything contained herein Tenant shall be permitted responsible for all maintenance and repairs of and to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claimPremises. All the aforesaid repairs shall, to the extent reasonably achievable, shall be of quality or class at least equivalent in quality equal to the original workwork or construction. Lessee will not take or omit If Tenant fails after twenty (20) days’ notice to take any actioncommence such repairs required to be made by Tenant hereunder, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lesseesame may be made by Landlord, at Landlord’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs option at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the HotelTenant, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction expenses thereof incurred by Lessor Landlord shall be construed collectible as additional rent with twenty (120) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofdays’ demand therefor.
Appears in 1 contract
Sources: Agreement of Sale (Blonder Tongue Laboratories Inc)
Maintenance and Repairs. (a) Lessee, at its sole expense, The Mortgagor will not commit any waste on the Premises or make any change in the use of the Premises which will in any way increase any ordinary fire or other hazard insurance premiums on the Premises. The Mortgagor will keep and maintain or cause to be kept and maintained all buildings and other improvements now or at any time hereafter erected upon or constituting any portion of the Leased PropertyMortgaged Premises, and all private roadways, the sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfacesabutting the same, in good order and condition and in a rentable and tenantable state or repair, except (i) for and will make or cause to be made, as and when the same shall become necessary, all structural and non-structural exterior and interior, ordinary wear and tear (whether extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that end. In the event that the Mortgaged Premises shall be damaged or not destroyed in whole or in part, by fire or any other casualty, or in the need for such repairs occurred event of a taking of a portion of the Mortgaged Premises as a result of Lessee’s use, any prior useexercise of the power of eminent domain, the elements Mortgagor shall promptly restore, replace, rebuild or alter the age same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or taking. Although damage to or destruction of the Leased PropertyMortgaged Premises, or any portion thereof) and (ii) , shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the extent Mortgagee prompt written notice of any damage caused by Lessor’s gross negligence or willful misconduct injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or that any portion of its employees Mortgaged Premises. The Mortgagor shall have the right, at any time and from time to time, to remove and dispose of building service equipment which may have become obsolete or agentsunfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, andfree of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except as otherwise provided in Subsection 9.1(b)that, Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising if by reason of a condition existing prior to technological or other developments in the commencement operation and maintenance of buildings of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements general character of the Leased Improvements. Lesseebuilding constituting a portion of the Mortgaged Premises, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach no replacement of any representation the building service equipment so removed or warranty disposed of is necessary or for any latent defects desirable in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take proper operation or omit to take any actionmaintenance of said building, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor Mortgagor shall not be required to bear replace the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existingsame.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.
Appears in 1 contract
Sources: Mortgage Note (FNB Rochester Corp)
Maintenance and Repairs. 7.1 By taking possession of the Premises, Tenant agrees that the Premises are then in a good and tenantable condition. During the Term, Tenant at Tenant’s expense but under the direction of Landlord, shall repair and maintain the Premises, 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 first class 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, the structural portions of the roof, foundations, floor slab and exterior walls of the Building, the Building Systems, and the public and common areas of the Property; provided, however, that Tenant shall pay the cost of repairs for any damage occasioned by Tenant’s use of the Premises or 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. 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.
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 obligations except as may be specifically provided for under this Lease:
(a) LesseeTo make alterations, at its sole expenseadditions, will keep repairs, improvements to or in, or to decrease the Leased Propertysize of area of, all or any part of the Building, the fixtures and equipment therein, and all private roadwaysthe Building Systems, sidewalks so long as such alterations, additions, repairs and curbs appurtenant thereto that are under Lesseeimprovements do not alter the size of the Premises or materially interfere with Tenant’s controluse and enjoyment of the Premises, including windows excepting only temporary inconvenience or interference reasonably necessary and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred unavoidable as a result of Lessee’s usethe necessity of such alterations, any prior useadditions, the elements repairs or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.improvements;
(b) Notwithstanding LesseeTo change the Building’s obligations under Subsection 9.1(aname, provided that the name shall not be the name of a competitor of Tenant or a Tenant Affiliate;
(c) aboveTo install and maintain any and all signs on the exterior and interior of the Building, except subject to the extent provisions of damage caused by Lessee’s negligence this Lease;
(d) To reduce, increase, enclose or willful misconduct or that of its employees or agentsotherwise change at any time and from time to time the size, Lessor shall be required to bear the cost of maintaining any underground utilities number, location, lay-out and the structural elements nature of the Leased Improvements, including exterior walls common areas and other tenancies and premises in the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductwareProperty, and non-load bearing walls, to create additional rentable areas through use or enclosure of common areas; and 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 lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereofcollectively “Controls”), to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to givesuch Controls, record and postwhether mandatory or voluntary, as appropriate, notices of nonresponsibility under or make any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or alterations to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofrelated thereto.
Appears in 1 contract
Sources: Lease Agreement (Ryland Group Inc)
Maintenance and Repairs. (a) LesseeA. Any construction, addition to, or alteration of the PREMISES required by COMPANY shall be made by COMPANY at its sole cost and expense, will only upon prior written approval by CONTINENTAL, and if required under the BASE LEASE, OWNER, and shall, upon expiration or termination of this Agreement, at CONTINENTAL's option, be promptly removed, with any damage caused thereby repaired, at COMPANY's sole cost and expense. B COMPANY covenants and agrees to maintain the PREMISES, and shall at its sole cost and expense, make any installations, non-structural repairs, replacements, redecorating and other maintenance necessary to keep the Leased PropertyPREMISES, and all private roadwaysequipment, sidewalks fixtures, furnishings and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfacessigns therein, in good order a clean, neat and repairorderly condition, save and except (i) for ordinary normal wear and tear (whether or that could not the need for such repairs occurred as a result of Lessee’s usehave been prevented by, any prior use, the elements or the age of the Leased Property, or any portion thereof) reasonable repair and maintenance; and (ii) damage by fire or other casualty not due to the extent fault of damage caused COMPANY. All maintenance and repair work undertaken by Lessor’s gross negligence COMPANY or willful misconduct its agents or that employees shall be performed in a good and workmanlike manner, in accordance with the standards of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary the facility and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality and class not inferior to the original work. Lessee will not take or omit to take any actionmaterial and workmanship, leaving the taking or omission PREMISES free of which might materially impair the value or the usefulness of the Leased Property or any part thereof liens for its Primary Intended Uselabor and materials.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) aboveC. In the event that, except within * days of receipt of written notice from CONTINENTAL or OWNER that a repair is necessary, COMPANY fails to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agentscommence and diligently continue to complete such repair, Lessor shall be required CONTINENTAL, without obligation to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvementsdo so, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductwaremay make such repair, and non-load bearing walls, COMPANY shall promptly reimburse CONTINENTAL for all costs and parking lot surfaces). Except as set forth in the preceding sentence expenses incurred thereby.
D. COMPANY covenants and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or agrees to maintain the Leased Property PREMISES and conduct its operations in such a manner that at no time shall it do or permit to be done any way. Lessee hereby waivesact or thing in, to on or in the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time vicinity of the execution of this Lease PREMISES which will invalidate or hereafter enactedconflict with any fire and casualty insurance policies covering the PREMISES, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any rightwhich may create a hazardous condition or otherwise increase the risk normally attendant upon the operations contemplated hereunder. COMPANY shall promptly observe and comply with all present and future rules, power regulations and orders of the Fire Underwriters Association or permission to contract for or permit the performance of any labor other board or services organization which may exercise similar functions.
E. Any increase in fire or the furnishing casualty insurance premiums attributable to COMPANY's acts or omissions under this Agreement, shall be promptly reimbursed by COMPANY, upon receipt of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofCONTINENTAL's and/or OWNER's invoice therefor.
Appears in 1 contract
Sources: Space and Use Agreement (Frontier Airlines Inc /Co/)
Maintenance and Repairs. (a) Lessee8.1 Except as specifically provided in this Lease, Tenant, at its Tenant’s sole cost and expense, will shall promptly make all repairs, perform all maintenance, and make all replacements in and to the Premises that are necessary or desirable to keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, Premises in good order first class condition and repair, in a clean, safe and tenantable condition, and otherwise in accordance with all Laws and the requirements of this Lease. Tenant shall maintain all fixtures, furnishings and equipment located in, or exclusively serving, the Premises in clean, safe and sanitary condition, shall take good care thereof and make all required repairs and replacements thereto; provided, however, that this sentence shall not be deemed to obligate Tenant to maintain, repair or replace any of the restrooms located on the eleventh (11th) floor of the Building, such responsibility being solely that of Landlord, all costs of which shall be included in Operating Expenses to the extent permitted by Section 5.2(a) hereof. Tenant shall give Landlord prompt written notice of any defects or damage to the structure of, or equipment or fixtures in, the Building or any part thereof. Tenant shall suffer no waste or injury to any part of the Premises, and shall, at the expiration or earlier termination of the Lease Term, surrender the Premises in an order and condition equal to or better than their order and condition on the Lease Commencement Date, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b)Section 9.3 and Article XVII. Except as otherwise provided in Article XVII, Article 14 or Article 15all injury, with reasonable promptness, make all necessary breakage and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior damage to the commencement Premises and to any other part of the Term of this Lease (concealed Building or otherwise), or required the Land caused by any governmental agency having jurisdiction over the Leased Propertyact or omission of any invitee, except as to the structural elements agent, employee, subtenant, assignee, contractor, client, family member, licensee, customer or guest of the Leased Improvements. LesseeTenant (collective, however“Invitees”) or Tenant, shall be permitted to prosecute claims against Lessorrepaired by and at Tenant’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) aboveexpense, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor Landlord shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanicat Landlord’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or option to make any agreement such repair and to charge Tenant for all costs and expenses incurred in connection therewith.
8.2 Except as otherwise provided in this Lease, Landlord shall (subject to reimbursement pursuant to Article V) keep the exterior and demising walls, load bearing elements, foundations, roof and common areas that may createform a part of the Building, or and the building standard mechanical, electrical, HVAC and plumbing systems, pipes and conduits that are provided by Landlord in the operation of the Building (collectively, the “Building Structure and Systems”), clean and in good operating condition and, promptly after becoming aware of any way item needing repair, will make repairs thereto. Notwithstanding any of the foregoing to the contrary: (a) maintenance and repair of special tenant areas, facilities, finishes and equipment (including, but not limited to, any special fire protection equipment, telecommunications and computer equipment, kitchen/galley equipment, air-conditioning equipment serving the Premises only and all other furniture, furnishings and equipment of Tenant and all Alterations) shall be the basis for sole responsibility of Tenant and shall be deemed not to be a part of the Building Structure and Systems; and (b) Landlord shall have no obligation to make any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, repairs brought about by any gross negligence or any portion thereofact of willful misconduct on the part of Tenant or any of its Invitees.
Appears in 1 contract
Maintenance and Repairs. Responsibility for maintenance and repairs shall be allocated between Landlord and Tenant as follows:
(a1) LesseeBy entry hereunder, Tenant shall be deemed to have accepted the Premises as being clean and in good order, condition, and repair. Tenant shall, at its Tenant's sole cost and expense, will keep the Leased PropertyPremises and every part thereof in good condition and repair (except as hereinafter provided with respect to Landlord's obligations) including without limitation the maintenance, replacement, and all private roadwaysrepair of any doors, sidewalks and curbs appurtenant thereto that are under Lessee’s controlwindows, including windows and plate glasscasements, mechanicalplumbing, pipes, electrical and plumbing systems and equipment (including conduit and ductware)wiring, and non-load bearing interior wallsconduits. Tenant shall, and parking lot surfacesupon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good order and repaircondition, except (i) for broom clean, ordinary wear and tear (whether or not and damage from causes beyond the need for such repairs occurred as a result reasonable control of Lessee’s use, any prior use, the elements or the age Tenant only excepted. Any damage to adjacent premises caused by Tenant's use of the Leased PropertyPremises shall be repaired at the sole cost and expense of Tenant.
(2) Notwithstanding the provisions of subparagraph 11 (1) above, Landlord shall, subject to the provisions of paragraph 7 hereinabove, arrange for the repair and maintenance of the structural portions of the Building or Project, including the exterior walls, roof, and foundation. In the event the Building or Project of which the Premises are a part is occupied by third parties, in addition to Tenant, and in the event such maintenance and repairs are necessitated in whole or in part by the acts, neglect, fault, or omission of any duty by Tenant, its agents, servants, employees, invitees, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that breaking and entering, Tenant shall pay to Landlord the entire cost of its employees or agents, and, except such maintenance and repairs rather than a prorated portion thereof as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfacessubparagraph 7(2)(a). Except as set forth provided in paragraph 23 hereinbelow relating to reconstruction in the preceding sentence event of fire or other perils, there shall be no abatement of rent and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals no liability of Landlord by reason of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor injury to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit interference with Tenant's business arising from the making of any claim against Lessor repairs, alterations, or improvements in respect thereof or to make any agreement portion of the Building or Project or the Premises or to fixtures, appurtenances, and equipment.
(3) Tenant shall obtain Landlord's written approval with respect to a choice of contractor before Tenant undertakes the making of any repairs hereunder, which approval shall not be unreasonably withheld. To the extent possible, Tenant agrees to employ Landlord's general contractor with respect to such repairs, providing that may create, or in any way be said contractor's rates for said work are reasonable and competitive.
(4) In the basis for any right, title, interest, lien, claim or other encumbrance upon event the estate of Lessor in the Leased Property, Premises or any portion thereofof the Building or Project should require any repairs which Landlord determines are subject to cure by contractors' bonds or other warranties available to Landlord, Tenant shall have the following subrogation rights with respect to any such warranties: if such repairs are those to be performed by Tenant, full rights; if such repairs are to be performed by Landlord and reimbursed by Tenant, pro-rata rights with other affected tenants. Otherwise, responsibility for repairs shall be as provided in this Lease.
Appears in 1 contract
Sources: Sublease (Coinstar Inc)
Maintenance and Repairs. (a) LesseeLessor shall be responsible for the repair and maintenance of the Leased Assets. In the event that Lessee reasonably determines that a repair or replacement is needed and Lessor after written notice does not make said repair or replacement within a reasonable period of time, Lessee shall notify Lessor in writing that it considers said repair or replacement necessary and that it is contemplating making said repair. Lessee may then, at its sole expenseoption, will keep make such repair or replacement and charge the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto reasonable cost incurred to Lessor. It is agreed that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, nothing in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that foregoing shall relieve Lessor from full performance of its employees or agents, and, except as otherwise provided obligations and that the remedy referred to above is in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior addition to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as other remedy available to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) aboveIf the Leased Assets shall be partially damaged by fire or other cause without the fault or neglect of Lessee or its employees, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, visitors or licensees, the Lessor shall be required proceed forthwith to bear the cost of maintaining any underground utilities and the structural elements of replace or to repair the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever Assets with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs reasonable 89 diligence at the expense of Lessor; provided, pursuant if the Leased Assets are to any law be replaced or repaired and are unusable in effect at whole or in part following such damage, the time rent payable hereunder during the period in which they are unusable shall be adjusted equitably; provided further, however, if the Leased Assets are totally damaged or rendered wholly unusable by fire or other cause, including, but not limited to, condemnation, and Lessor shall decide not to replace the same, then, within ninety (90) days after such fire, casualty or condemnation, Lessor may give Lessee notice in writing of the execution decision not to replace, whereupon the Initial Term or Renewal Term of this Lease or hereafter enactedshall terminate, except following default by Lessor under Lessee shall surrender the Leased Assets to Lessor, and rent shall be abated for the unexpired portion of this Lease, to effective as of the extent date of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotelsaid written notice from Lessor, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right no further obligation or liability to give, record and post, as appropriate, notices of nonresponsibility under Lessee. It is agreed that nothing in this Subsection 5(b) shall require Lessor to replace or to repair any mechanic’s lien laws now or hereafter existingall Alterations.
(c) Nothing contained Lessor will maintain the Leased Assets so as to comply with existing rules and regulation imposed by any governmental authority having jurisdiction over the construction or operation of the Station, and make any repairs and modifications reasonably necessary to maintain the Leased Assets in good condition and in compliance with good broadcast engineering practices. In performance of its obligation to maintain and repair the Leased Assets, it may be necessary from time to time for Lessor to request that Lessee temporarily cease its broadcast operation, turn off electrical power and/or make other adjustments to its equipment and operations. Lessor agrees to schedule such work, as far as reasonably possible, from 1:00 A.M. to 5:00 A.M., and Lessor will not cause any temporary interruption of Lessee's broadcast operation under this Lease provision unless such interruption is required by and no action or inaction by consistent with good engineering practices. Lessee agrees to cooperate with Lessor shall be construed as (1) constituting the request and to comply with and honor Lessor's reasonable requests for temporary cessation of Lessor, expressed or impliedits broadcast operation, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, turn off electrical power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or and/or to make any agreement that may createother adjustments to its equipment or operation, or as necessary, to allow Lessor to perform such work in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofan orderly and timely manner.
Appears in 1 contract
Sources: Stock Purchase Agreement (Paxson Communications Corp)
Maintenance and Repairs. (a) Lessee, at its sole expense, will keep the Leased PropertyExcept for customary cleaning and trash removal provided by Landlord under Article 6, and all private roadwayscasually damage to be repaired by Landlord under Article 11, sidewalks Tenant shall keep and curbs appurtenant thereto that are under Lessee’s control, including windows maintain (or cause to be kept and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, maintained) the Premises in good and sanitary condition, working order and repair, except in compliance with all applicable Laws as described in Article 7, and as required under other provisions of this Lease, including the Rules (including any carpet and other flooring material, paint and wall-coverings, doors, windows, ceilings, interior surfaces of walls, lighting (not including lamps, bulbs, ballasts and starters), plumbing and other fixtures, alterations, improvements, systems and equipment in or exclusively serving the Premises whether installed by Landlord or Tenant). In the event that any repairs, maintenance or replacements are required, Tenant shall promptly notify Landlord and arrange for the same either: (i) for ordinary wear and tear (whether or not the need through Landlord for such reasonable charges as Landlord may establish from time to time, payable within ten (10) days after billed, or (ii) at Landlord's option, by engaging such contractors as Landlord shall first designate or approve in writing to perform such work, all in a first class, workmanlike manner approved by Landlord in advance in writing and otherwise in compliance with Article 9 respecting "Work". Tenant shall promptly notify Landlord concerning the necessity for any repairs occurred or other work hereunder and upon completion thereof. Tenant shall pay Landlord for any repairs, maintenance and replacements to areas of the Building outside the Premises, caused, in whole or in part, as a result of Lessee’s usemoving any furniture, any prior use, the elements or the age of the Leased Propertyfixtures, or any portion thereof) and other property to or from the Premises, or otherwise by Tenant or its employees, agents, contractors, or visitors (ii) notwithstanding anything to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided contrary contained in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfacesLease). Except as set forth provided in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Propertysentence, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to for damage covered under Article 11. Landlord shall keep the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time common areas of the execution Building and Office Parcel in good and sanitary condition, working order and repair (the cost of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property included in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofExpenses).
Appears in 1 contract
Maintenance and Repairs. (a) LesseeLandlord’s Obligations. Landlord shall, at its sole expenseconsistent with the operation of a Class “A” office project in Marin County, will maintain and keep in good repair the Leased Propertyfoundations, exterior walls, structural portions of the roof and all private roadwaysother structural portions of the Building (including, sidewalks but not limited to, the floor/ceiling slabs, curtain wall, exterior glass and curbs appurtenant thereto that are under Lessee’s controlmullions, including windows and plate glasscolumns, mechanicalbeams, electrical and plumbing systems and equipment shafts (including conduit and ductwareelevator shafts) collectively the “Building Structure”), and non-load bearing interior wallsshall maintain the electrical, plumbing, heating and ventilating equipment in the Building (the “Building Systems”), except such portions thereof as may be or have been specially or specifically installed for use in or with respect to the Premises or otherwise constructed or altered by Tenant in connection with Tenant’s work or otherwise, and shall maintain the Common Areas (including, but not limited to, the stairs, parking lot surfacesareas, stairwells, escalators, elevator cabs, plazas, pavement, sidewalks, curbs, entrances, landscaping, artwork, sculptures and washrooms); and except that all damage or injury to the Premises, the Building or the equipment and improvements therein caused by any act, neglect, misuse or omission of any duty by Tenant or by any persons who may be in good order or upon the Premises, the Building or the Project with the express or implied consent of Tenant shall be paid by Tenant, subject to the provisions of Section 20. Landlord’s maintenance obligations hereunder shall be performed in a first-class manner. Subject to the provisions of Section 9(b) above and repairSection 10(b) below, Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given by Tenant to Landlord. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Landlord makes no warranty as to the quality, continuity or availability of the telecommunications services in the Building, and Tenant hereby waives any claim against Landlord for any actual or consequential damages (including damages for loss of business) if Tenant’s telecommunications services in any way are interrupted, damaged or rendered less effective, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent such claims arise out of damage caused by Lessor’s the gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise)Landlord, or required by any governmental agency having jurisdiction over the Leased PropertyLandlord’s employees, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation agents or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Usecontractors.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.
Appears in 1 contract
Sources: Lease Agreement (Health Net Inc)
Maintenance and Repairs. Except for customary cleaning and trash removal provided by Landlord under Article 6, casualty damage to be repaired by Landlord under Article 11, Tenant shall keep and maintain (aor cause to be kept and maintained) Lessee, at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, Premises in good and sanitary condition, working order and repair, except in compliance with all applicable Laws as described in Article 7, and as required under other provisions of this Lease, including the Rules (including any carpet and other flooring material, paint and wall-coverings, doors, windows, ceilings, interior surfaces of walls, lighting, plumbing and other fixtures, alterations, improvements, and systems and equipment in or exclusively serving the Premises whether installed by Landlord or Tenant). In the event that any repairs, maintenance or replacements are required, Tenant shall promptly notify Landlord and arrange for the same either: (i) for ordinary wear and tear (whether or not the need through Landlord for such reasonable charges as Landlord may establish from time to time, payable within fifteen (15) days after billing, or (ii) at Landlord’s option, by engaging such contractors as Landlord shall first designate or approve in writing to perform such work, all in a first class, workmanlike manner Table of Contents approved by Landlord in advance in writing and otherwise in compliance with Article 9 respecting “Work”. Tenant shall promptly notify Landlord concerning the necessity for any repairs occurred or other work hereunder and upon completion thereof. Tenant shall pay Landlord for any repairs, maintenance and replacements to areas of the Property outside the Premises caused, in whole or in part, as a result of Lessee’s usemoving any furniture, any prior use, the elements or the age of the Leased Propertyfixtures, or any portion thereof) and other property to or from the Premises, or otherwise by Tenant or its employees, agents, contractors, or visitors (ii) notwithstanding anything to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided contrary contained in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfacesLease). Except as set forth provided in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Propertysentence, or to make any repairsfor damage covered under Article 11, replacementsLandlord shall keep the roof, alterationsstructure, restorations or renewals Systems and Equipment, and common areas of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waivesgood and sanitary condition, working order and repair (the cost of which shall be included in Expenses to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofdefinition thereof in Article 30).
Appears in 1 contract
Maintenance and Repairs. (a) LesseeTenant has had the opportunity to inspect the Premises and accepts the same “as-is” and as being in good order, condition and repair. Tenant shall be responsible, at its sole Tenant’s expense, will keep for maintaining the Leased PropertyPremises in a clean, orderly manner, and shall maintain all private roadwaysequipment, sidewalks fixtures, appliances, furniture, furnishings and curbs appurtenant thereto that are under Lessee’s controlany other personal property therein in good, clean, well maintained condition, and shall surrender the same (unless owned by Tenant), at termination, in the same condition as they were in when ▇▇▇▇▇▇ took possession thereof, normal wear excepted. Tenant shall also be responsible for maintaining the exterior, including windows the yard and plate glassany landscaping, mechanicalin a reasonably neat, electrical clean and plumbing systems attractive condition, including without limitation mowing the lawn, if any, and equipment removing weeds. Tenant, at Tenant’s cost, shall maintain the Premises free from, and shall eliminate, any pest infestation (including conduit without limitation cockroaches and ductwaremice). Tenant shall be responsible, and non-load bearing interior wallsat Tenant’s cost, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such all repairs occurred required as a result of Lesseedamages caused by Tenant or ▇▇▇▇▇▇’s useoccupants, guests or other invitees. Tenant shall not remove the Landlord’s fixtures, furniture, furnishings and/or any prior useother personal property (including, without limitation, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(bfollowing: ), Article 14 if any, from the Premises for any purpose. Any maintenance or Article 15repairs not performed by Tenant as required by this Agreement, with reasonable promptnessmay, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior in Landlord’s discretion (but without any obligation to the commencement of the Term of this Lease (concealed or otherwisedo so), or required be performed by any governmental agency having jurisdiction over the Leased PropertyLandlord. If so performed by Landlord, except as to the structural elements of the Leased Improvements. Lessee, however, Tenant shall be permitted to prosecute claims against Lessor’s predecessors in title reimburse Landlord for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and such work within ten (10) days after written notice, which amount shall be considered additional rent. Tenant shall notify the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals Landlord immediately if Tenant becomes aware of any nature water leaks or description other conditions that may pose a risk of damage to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property Premises or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofproperty.
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance and Repairs. (a) LesseeLESSOR shall, at its sole cost and expense, will keep the foundation (excluding any special foundation poured at LESSEE'S request), the exterior walls (except plate glass; windows; doors; door closure devises; window and door frames, moldings, locks and hardware; and interior painting or other interior treatment of exterior walls), the roof (including, without limitation, both the membrane and the structure), the structural portions of the Leased PropertyPremises, and all private roadwaysthe laterals of the water, sidewalks sewer, gas and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaceselectric from their point of connection with the supplier thereof to the Leased Premises, in good order and repair, except (i) for ordinary wear and tear (whether that LESSOR shall not be required to make any repairs occasioned by the act or not negligence of LESSEE its employees, subtenants, licensees, contractors or concessionaires. In the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of event that the Leased PropertyPremises should become in need of repairs required to be made by LESSOR hereunder, or any portion thereof) and (ii) LESSEE shall give immediate written notice thereof to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacementsLESSOR, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs LESSOR shall, subject to the extent reasonably achievableforce majeure, be at least equivalent in quality have twenty (20) days after receipt of said notice within which to the original work. Lessee will not take or omit commence and thereafter to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Usediligently complete such repairs.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements Except for those portions of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for premises which Lessor is obligated hereunderto maintain pursuant to subsection 3 (a) above, Lessee shall keep the Leased Premises in good, clean condition and repair at all times during the term and any extended term of this Lease and shall, at its sole cost and expense, make all needed repairs and replacements, including the repair and replacements of all lighting, heat, air-conditioning, plate glass, doors, windows, door closure devises, window and door frames, moldings, locks and hardware, and interior painting or other interior treatment of exterior walls, plumbing and other electrical, mechanical and electromotive installations (including, without limitation, dock levelers and dock sealers), equipment and fixtures and also including all repairs to ducts, conduits, pipes and wiring, and any sewer stoppage located in, under or above the Leased Premises and replacement of cracked or broken glass and repairs, replacements and alterations required by any governmental authority or any insurance company providing coverage on any part of the Warehouse to the extent required because of Lessee's use or occupancy of the Leased Premises or relating to installations made by LESSEE. LESSEE shall also make all necessary repairs and replacements of its fixtures required for the proper conduct of its business. If any repairs required to be made in order by LESSEE hereunder are not made within twenty (20) days after written notice delivered to LESSEE by LESSOR, LESSOR may at his option make such repairs without liability to LESSEE for the Hotelany loss or damage which may result to its stock or business by reason of such repairs, and Lessee’s use thereofLESSEE shall pay to LESSOR upon demand as additional rent hereunder the cost of such repairs plus interest at the highest lawful rate from the date of payment by LESSOR until repaid by LESSEE. At the expiration of this lease, to comply with Lessee’s obligations under LESSEE shall surrender the Franchise Agreement Leased Premises in good condition, reasonable wear and the Management Agreement. Lessor shall have the right to give, record tear and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now loss by fire or hereafter existingother casualty covered by LESSOR'S insurance excepted.
(c) Nothing contained Lessor represents and warrants that, to its actual knowledge: (i) all building systems associated with the Leased Promises are in this Lease good working order and no action or inaction are free from known material defects; and (ii) the portions of the Warehouse constructed by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofare free from known material defects.
Appears in 1 contract
Sources: Sublease (Sportsmans Guide Inc)
Maintenance and Repairs. (a) Lessee, at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age Section 8.2 of the Leased Property, or any portion thereof) Initial Lease is amended and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except restated as follows: Except as otherwise provided in Subsection 9.1(bSection 8.1 and/or Article XVII of the Lease, Landlord shall not be responsible for maintenance or repair of any Tenant Work installed in the Premises nor any tenant “improvements” installed pursuant to Article IX of the Lease (including, not limited to, any Expansion Space Tenant Work). Subject to the provisions of Articles XVII and XVIII, at the expiration or other termination of the Lease Term, Tenant shall surrender the Premises, broom clean, in the same order and condition in which they existed upon completion of the initial construction thereof, improvements which Tenant is not obligated to remove or restore in accordance with Article 14 or Article 15IX of the Lease, with reasonable promptness, make all necessary ordinary wear and appropriate repairs replacementstear, and improvements thereto unavoidable by the elements excepted. Landlord shall have no obligation to maintain or replace any light bulbs or tubes in the building other than any bulbs or tubes (i) attached to any Building Equipment, (ii) located in any mechanical, electrical or similar closets in the building and/or located in the telephone room on the P-1 level of every kind and naturethe building, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior (iii) located in any restrooms in the building (except that this subpart (iii) shall not apply to the commencement existing restroom at the far west end of the Term of this Lease ninth (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall9th) floor, to the extent reasonably achievablerestrooms in the fitness facility or to any restrooms which may hereafter be added by or at the request of Tenant), be at least equivalent (iv) located in quality the main entrance lobby for the building, (v) located in any stairwells, (vi) located in the elevators, in the garage elevator lobbies (including, but not limited to, the elevator lobby off the main building entrance lobby and currently serving the elevators going to the original work. Lessee will not take or omit to take any action, garage) and/or in the taking or omission of which might materially impair the value or the usefulness elevator lobby off of the Leased Property main building entrance lobby and currently serving the elevators going to the second (2nd and third (3rd) floors of the building, (vii) providing any lighting on or from the roof or in the loading dock area, and/or (viii) required by applicable legal requirements (e.g., fire strobe lights, emergency exit lights, etc.). If Tenant alters the type or quantity of the fixtures in more than a de minimus way or by installing fixtures that are not building-standard type in first-class office buildings in Washington, D.C. and/or in the Complex in any part thereof of the locations described in clauses (i) through (viii) above after the Amendment No. 2 Effective Date, then, notwithstanding the foregoing, Tenant shall, at Tenant’s sole cost and expense, maintain and replace any light bulbs or tubes used in such new or altered fixtures. All bulbs and tubes for its Primary Intended Usefixtures that Landlord is not obligated to maintain and repair shall be maintained and repaired by Tenant’s sole cost and expense.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) aboveThe first sentence of Section 8.3 of the Initial Lease is amended and restated as follows: Except as otherwise provided in Section 13.4 or Article XVII of the Lease, except all injury, breakage and damage to the extent Premises and to any other part of damage the Office Complex caused by Lessee’s negligence any act or willful misconduct or that omission of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased PropertyTenant, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Propertyagent, whether ordinary or extraordinaryemployee, foreseen or unforeseensubtenant, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborercustomer or invitee of Tenant, materialman shall be repaired by and at the sole expense of Tenant; provided, however, that, in the case of injury, damage or vendor breakage to the Premises, if Tenant promptly notifies Landlord of such injury, breakage or damage in writing and Tenant requests in writing that Landlord repair the same, then Landlord shall make such repairs and charge Tenant the reasonable costs and expenses incurred in connection therewith as additional rent. In addition, if Tenant fails to promptly make such repairs (or request that Landlord do so), and such failure continues for at least five (5) business days after Tenant’s receipt of written notice thereof from Landlord (and without regard to any other notice or cure period), Landlord may, but shall not be obligated to, make such repairs and charge Tenant the performance reasonable costs and expenses incurred in connection therewith as additional rent. Tenant shall promptly notify Landlord of any labor such injury, breakage or services or the furnishing damage of any materials or other property for the construction, alteration, addition, repair or demolition which Tenant is aware and shall promptly notify Landlord of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance Tenant’s intended course of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in conduct with respect thereof or to make any agreement thereto. Landlord acknowledges that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Propertycase of injury, breakage or damage to portions of the Premises (excluding the first floor lobby and first floor elevator areas) which does not have an operational adverse effect upon other portions of the building or Office Complex (as determined by Landlord, in its reasonable discretion), then, as to any portion thereoffloor on which Tenant (and/or any subtenant of Tenant) is the sole occupant of the floor, Tenant may elect not to restore same, in which case Tenant shall demolish the affected area and restore same simply to a slightly appearance.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Maintenance and Repairs. (a) Except as otherwise provided herein below, Lessor shall at Lessor’s sole cost, keep and maintain the Property, Building, and Premises, including, but not limited to, the elevator serving the Premises, plumbing, electrical systems (excluding light bulbs and Lessee’s electrical leasehold improvements) heating and air conditioning systems (“HVAC systems”), parking areas and walks, any shrubbery and landscaping and landscape lighting between buildings in good condition and repair. At Lessor’s sole cost and expenses (without any reimbursement whatsoever from Lessee), Lessor agrees to maintain the roof and the structural integrity of the Building and Premises. Furthermore, notwithstanding anything to the contrary herein, Lessee will have no obligation to pay or reimburse Lessor for repaving, sealing, resurfacing, etc. the parking lot or driveway areas (“Parking Area Maintenance”). Lessee hereby waives all right to make repairs at its sole expense, will keep Lessor’ s expense under the Leased Propertyprovisions of Section 1942 of the California Civil Code, and all private roadwaysrights provided for under Section 1941 of said Civil Code. At the termination of this lease, sidewalks Lessee shall surrender the Premises to the Lessor in as good condition and curbs appurtenant thereto that are under Lessee’s controlrepair as when received on the commencement of the term of the Existing Lease, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether however, ordinary wear and tear shall not include any damage or not the need for such repairs occurred as a result of Lessee’s usedeterioration caused by Lessee that would have been prevented by good maintenance practice), any prior use, damage by fire or the elements or the age acts of the Leased PropertyGod, or any portion thereof) and (ii) to the extent of damage caused by resulting from Lessor’s gross acts or omissions, negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacementsmisconduct, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease Lessor approved alterations excepted (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by unless Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect remove such alterations at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existingapproves such alterations).
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.
Appears in 1 contract
Sources: Lease (Enjoy Technology, Inc./De)
Maintenance and Repairs. (a) Notwithstanding the provisions of the Civil Code of the Province of Queb ec, and in particular Articles 1854 and 1864, the Lessee, at its sole own expense, will shall operate, maintain and keep the Leased PropertyPremises including all facilities, equipment and services, both inside and outside, available to the Lessee exclusively, in such good order and condition, both inside and outside, as they would be kept by a careful owner, and shall promptly make all needed repairs and replacements to the Leased Premises (save and except for structural defects or repairs which shall be defined as being repairs or replacements to the foundations, bearing walls and roof steel deck, all of which will be the Lessor's responsibility), which a careful owner would make, including, without limitations, the water, gas, drain and sewer connections, pipes and mains, electrical wiring, water closets, sinks and accessories thereof, and all private roadways, sidewalks equipment belonging to or connected with the Leased Premises or used in its operation. The Lessee shall have no obligation for repairs and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether replacements not caused by the negligent or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age wrongful act of the Leased PropertyLessee or those for whom the Lessee is responsible at law, or any portion thereof) and (ii) to the extent of damage caused which is covered by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), insurance maintained or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by the Lessor. The Lessee unless undertakes to obtain and pay for full maintenance, repair and replacement services and/or insurance contracts as may be available from firms approved by the Lessor is already diligently pursuing (such a claimapproval not to be unreasonably withheld), with respect to the maintenance, repair and replacement of the heating, ventilating and air conditioning equipment, if provided in the Leased Premises, the whole without prejudice to the other obligations of the Lessee with respect to such equipment. All The Lessee shall forward, without any further demand, to the Lessor copies of such contracts and evidence of renewals thereof during the continuance of this Lease. With respect to any repairs shallor replacements that are considered capital expenses according to generally accepted accounting principles ("GAAP"), the Lessee's responsibility shall be limited to an amount equivalent to the amortization of the capital expense in question, calculated by Lessor's accountant according to GAAP, over the service life of the repairs or replacements (to be determined in accordance with GAAP), to the extent reasonably achievablethat such amortization period falls within the Term, be at least equivalent in quality or any extension or renewal thereof. Should such capital expense relate to a repair or replacement which is common to more than one lessee, then the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness pay only its proportionate share of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except amounts calculated as set forth out above. Notwithstanding anything else contained in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in Lessee shall not be responsible for any way. Lessee hereby waivescapital expenditure which, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time as of the date of execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now has been approved or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereofproposed, or which is being evaluated for implementation within the six (26) giving Lessee any right, power or permission to contract for or permit months following the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofcommencement date.
Appears in 1 contract
Sources: Deed of Lease (Sidus Systems Inc)
Maintenance and Repairs. (a) LesseeExcept for the maintenance, repairs and replacements Landlord is required to make pursuant to Section 14(b) of this Lease, and except for items expressly excluded from Operating Costs under Section 6(b)(iii), Tenant shall take good care of the Premises and the fixtures and improvements therein, and, at its sole cost and expense, will make repairs as and when needed to keep the Leased PropertyPremises in first class order, and all private roadwayscondition, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary reasonable wear and tear excepted. Without limiting the generality of the foregoing, Tenant shall enter into and keep in effect, one or more maintenance contracts acceptable to Landlord with persons or entities acceptable to Landlord, for the regular inspection and maintenance of the HVAC system and pay all costs and expenses relating to such contracts. Landlord shall be entitled to copies of all reports, invoices, and other documents relating to the maintenance of the HVAC system. If Tenant fails, after notice to Tenant and the lapse of applicable grace periods in accordance with Section 30(b) of this Lease, to make any repairs required by this Lease, Landlord may (whether or not the need for but without any obligation to do so) make such repairs occurred at the reasonable expense of Tenant and such expense shall be due within thirty (30) days of receipt by Tenant of written notice by Landlord, as a result additional rent. Tenant shall comply with all provisions of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) Section 13 and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term Section 15 of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing connection with such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Userepairs.
(b) Notwithstanding LesseeSubject to Section 14(c) and Section 13(c) hereof, and subject to Tenant’s obligations under Subsection 9.1(areimbursement of Landlord as provided in Section 6(b) abovehereunder, except Landlord shall be responsible for the capital structural repairs to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements components of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces)Building. Except as set forth provided in this Section or Section 6(b)(iii), the preceding sentence costs of the repairs, restoration, and replacements to be made by Landlord shall be part of the Operating Costs.
(c) Except as provided elsewhere in Section 10.5this Lease to the contrary, Lessor there shall not under any circumstances be required no allowance to build or rebuild any improvement Tenant for a diminution of rental value and no liability on the Leased Propertypart of Landlord, by reason of inconvenience, annoyance or injury to, or to make interruption of business, arising from Landlord, Tenant or others making any repairs, restorations, replacements, alterations, restorations additions or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, improvements in or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time portion of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may createPremises, or in any way be the basis for any rightor to fixtures, title, interest, lien, claim appurtenances or other encumbrance upon the estate of Lessor in the Leased Property, or any portion equipment thereof.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. (a) Lessee7.1 Except as provided in Section 7.2 below, Tenant shall, during the Term, at its sale cost and expense, keep in good repair and maintain the entire Premises in good, clean working order, condition and repair including, without limitation, the structural portions of the building and improvements thereon, the interior and exterior thereof, plate glass, wiring, plumbing, heat and air conditioning units, the parking and service areas, the landscaping, the approaches thereto and appurtanances thereof, including all adjacent sidewalks and allays, Except as provided in section 7. 2 below, Tenant's obligation to maintain the Premises shall specifically include, without limitation, the obligation to make any and all repairs and to repaint and/or re-stain all painted areas as required. Landlord shall not have any responsibility to maintain the Premises or any part thereof including, without limitation, any structural maintenance, repair, replacement or restoration. Tenant waives all rights under any laws which may provide for Tenant's right to make repairs and to than deduct from rents the expenses of such repairs.
7.2 Except as provided in Section 7.3 below. Landlord shall, during the Term, at its sole cost and expense, will keep in good repair and maintain the Leased Propertyroof and exterior surface of the Premises in good condition and repair. Landlord’s obligations for maintenance and repair shall be limited to the particular obligations of this Section 7.2; all other maintenance and repair obligations relating to the Promises shall belong to Tenant under Section 7.1 above. Landlord’s obligation to maintain the exterior surface of the Premises shall include, without limitation, the obligation to make any and all repairs and to repaint and/or restain, as applicable, the painted portions of the exterior surface. Upon the occurrence of the events described in Section 7.3 below, all obligations of Landlord hereunder shall shift to Tenant. In the event that Tenant becomes aware of the need to repair the roof and/or exterior surface of the Premises (prior to the assumption by Tenant of the responsibility for maintenances of the roof pursuant to Section 7.3 below), Tenant shall notify Landlord in writing of the specific details of such need (a). In the event that Landlord fails to repair, or commence to repair (and prosecutes diligently to completion), such needs within ten (10) days after receipt of the written notice, and damages are thereafter suffered to the Premises and/or Tenant’s personal property as the direct and consequential result of such failure to repair, then Landlord shall be liable to Tenant for the amount of such damages which exceed Tenant’s recovery of insurance proceeds for such damage. Such damage shall be subject to reasonable proof and verification being provided to Landlord. The foregoing shall represent Landlord’s only potential area of liability for maintenance and repair of the Premises under this Lease.
7.3 Landlord shall have the option, in its sole discretion and at its sole cost and expense, to re-roof the Premises and/or to repaint the exterior of the Premises. In the event that Landlord causes such work to be performed during the Term, then immediately thereafter and throughout the remainder of the Term, Tenant shall assume, at its sole coat and expense, the obligation to keep in good repair and maintain the roof and/ or the exterior surface of the Premises, respectively, along with and in comparable condition with other portions of the Premises as required of Tenant in Section 7.1 above. upon such assumption: (a) Landlord’s obligation to repair and maintain the roof and/or exterior surface of the premises under Section 7.2 above shall cease and terminate and (b) Landlord shall cause to be assigned to Tenant any applicable warranty for all private roadwaysthe new roof.
7.4 Tenant shall, sidewalks at its sole cost and curbs appurtenant thereto that are under Lessee’s controlexpense, during the Term, keep and maintain all the personal property including windows furniture, fixtures and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfacesequipment, in good order working order, condition and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvementsrapair. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor Tenant shall have the right to giveinstall on the Premises any and all equipment and fixtures which Tenant desires to install thereon and which are necessary or convenient to Tenant’s use of the premises as permitted herein; without the consent of Landlord. All such property so installed by Tenant shall remain Tenant’s property (other than replacements for personal property as provided below) and, record and postprovided Tenant is not in default hereunder, may be removed by Tenant as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained provided in this Lease and no action or inaction Lease. Tenant shall not remove any personal property owned by Lessor shall be construed Landlord which was leased to Tenant as (1) constituting part of the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property Premises and/or replacements thereof or any part thereofthereof from the Premises, without the prior written consent or (2) giving Lessee Landlord. Tenant shall purchase and replace with substitutes of equal or higher quality any rightworn out or broken items of personal property required to be on the Premises for continued licensing and/or certification as the same may occur from time to time throughout the Term at Tenant’s sole cost, power or permission and expense. Such items being replaced by Tenant shall become the property of Landlord. Tenant agrees, upon written request from Landlord, to contract execute any and all documents necessary to assist Landlord to fully evidence Landlord’s ownership of the personal property.
7.5 Tenant shall, throughout the Term of this Lease, make all repairs, alterations, replacements and additions to the Premises required by law and/or as necessary to obtain and maintain licensing and certification as a licensed residential car facility for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance elderly.
7.6 By entering upon the estate of Lessor Premises, Tenant shall be deemed to have accepted the Premises as being in the Leased Propertygood and sanitary order, or any portion thereofcondition and repair.
Appears in 1 contract
Sources: Lease Agreement (Emeritus Corp\wa\)
Maintenance and Repairs. (a) LesseeMortgagor, at its sole expensecost and subject to Mortgagee’s satisfaction, will keep the Leased Propertyshall make all repairs, renewals, replacements, servicing and all private roadways, sidewalks and curbs appurtenant thereto reconstruction that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, necessary to maintain the Mortgaged Property in good order order, condition and repair. Mortgagor shall establish (and set aside in segregated deposits) reserve funds in amounts acceptable to Mortgagee for replacements, except repairs and capital expenditures. Immediately following the occurrence of any casualty or other loss, Mortgagor promptly will undertake all restoration required or desirable and will pursue it diligently to completion. Mortgagor shall (i) for ordinary wear and tear (whether not strip, waste, remove or not the need for such repairs occurred as a result of Lessee’s use, demolish any prior use, the elements or the age portion of the Leased Mortgaged Property, nor suffer or permit any portion thereof) and such action; (ii) to the extent of damage caused by Lessor’s gross negligence promptly comply with all laws, governmental regulations and public or willful misconduct private restrictions or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise)easements, or required by any governmental agency having jurisdiction over the Leased Propertyboth, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in kind affecting the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Mortgaged Property or requiring any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence alterations or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required improvements to be made thereon; and (iii) not commit, suffer or permit any act upon the Mortgaged Property in order violation of any law, subject to Mortgagor’s right to contest the same in good faith to conclusion, as provided in this Mortgage. If any public agency or authority requires or commences’ any proceedings for the Hoteldemolition or removal, and Lessee’s use thereofor both, of any improvements or portions thereof comprising the Mortgaged property due to comply non-compliance with Lessee’s obligations under health, safety, fire or building codes, then, unless Mortgagor undertakes to contest such action in the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained manner provided in this Lease Mortgage and no pursue such contest to a successful conclusion, such action will constitute a Default under this Mortgage. Mortgagor will not, without Mortgagee’s prior written consent, (a) make any material alterations, additions or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition improvements of or to the Leased Property Mortgaged Property; (b) make any material change in the general nature of the use or occupancy of the Mortgaged Property; (c) institute or join or acquiesce in any part thereof, action to change the existing zoning or land use classification of the Mortgaged Property; or (2d) giving Lessee grant easements or licenses affecting the use or operation of the Mortgaged Property. Mortgagee and any rightpersons authorized by Mortgagee may enter the Mortgaged Property at all reasonable times without prior notice for inspections or for any other lawful purpose. If Mortgagor fails to comply with the requirements of this paragraph, power then Mortgagee, without waiving the option to foreclose, may take some or permission all measures Mortgagee reasonably deems necessary or desirable for the maintenance, repair, preservation or protection of the Mortgaged Property, and any expenses reasonably incurred by Mortgagee in so doing shall become part of the Debt secured hereby, and shall, at the option of Mortgagee, become immediately due and payable, and shall bear interest at the Default Rate specified in the Note. Mortgagee shall have no obligation to contract care for or permit maintain the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Mortgaged Property, or, having take some measures therefor, to continue same or any portion thereoftake other measures.
Appears in 1 contract
Sources: Contract for Sale and Purchase (Floridian Financial Group Inc)
Maintenance and Repairs. 8.1 Subject to reasons beyond its control, Landlord agrees, at its expense, to maintain and keep in repair the Demised Premises during the term of this Lease, except for damages caused by Tenant, its agents, employees, visitors, licensees, contractors, or suppliers, and except, for items installed for Tenant not of architectural specified standard materials. There shall be no allowance to Tenant for a diminution of rental value and no liability on the part of the Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs in or to any portion of the Demised Premises or the buildings and grounds (a) Lesseeor in or to fixtures, appurtenances or equipment thereof).
8.2 Tenant shall take good care of the Demised Premises and the fixture, appurtenances and equipment therein and, at its sole cost and expense, will keep make such repairs thereto necessitated by licensees, contractors or suppliers, or by the Leased Propertyuse of the Demised Premises in a manner contrary to the purposes for which same are leased to Tenant, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, as when needed to preserve them in good order and repaircondition, except (i) for ordinary fair wear and tear excepted. All damage or injury to the Demised Premises including the floors, walls and ceilings (whether and to the fixtures, appurtenances, and equipment therein) or not to the need for such repairs occurred as a result of Lessee’s usebuilding and grounds caused by Tenant, any prior useits agents, employees, visitors, licensees, contractors, or suppliers, moving, installing or removing furniture equipment or other property in, within, or out of, the elements Demised Premises or the age of the Leased Propertybuilding and grounds shall be repaired, restored, or any portion thereof) replaced promptly by Tenant at its sole costs and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shallexpense, to the extent reasonably achievablereasonable satisfaction of Landlord. All aforesaid repairs, be at least equivalent in quality restorations, and replacements shall conform to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness standards of the Leased Property architectural specifications. In the event Tenant shall fail to make such necessary repairs, restorations and replacements, structural, non-structural, or otherwise, any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused charge or cost so incurred by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor Landlord shall be required paid by Tenant to bear Landlord as Additional Costs payable with the cost installment of maintaining any underground utilities and rent next becoming due under the structural elements terms of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor This provision shall be construed as (1) constituting an additional remedy granted to Landlord and not in limitation of any other rights and remedies which Landlord has or may have in said circumstances.
8.3 The Tenant agrees to keep the request of Lessor, expressed or implied, Demised Premises and all parts thereof in a clean. and sanitary condition and free from trash and inflammable material. Tenant shall have access to any contractor, subcontractor, laborer, materialman or vendor to or Landlord's trash dumpster for the performance disposal of any labor or services or the furnishing of any materials or other property for the constructionroutine, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofnon hazardous waste.
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Maintenance and Repairs. (a) Lessee8.1 Tenant, at its Tenant’s sole cost and expense, will shall promptly make all repairs and replacements, and perform all maintenance, in and to the Premises to keep the Leased PropertyPremises in good operating condition and repair, in a clean, safe and tenantable condition, and otherwise in accordance with all private roadwaysLaws and the requirements of this Lease. Tenant shall likewise maintain all fixtures, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems furnishings and equipment (including conduit located in, or exclusively serving, the Premises and ductware)make all required repairs and replacements thereto. Tenant shall also maintain, repair and 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 defects or damage to the structure of, or equipment or fixtures in, the Building or any part thereof, or any mold or moisture condition, of which Tenant has knowledge. Tenant shall suffer no waste or injury to any part of the Premises, and non-load bearing interior wallsshall, at the expiration or earlier termination of the Lease Term, surrender the Premises broom clean, and parking lot surfaces, in a good order and repaircondition equal to or better than that on the Lease Commencement Date, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 XIII or Article 15XVII. Except as otherwise provided in Article XVII, with reasonable promptnessall injury, make all necessary breakage and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior damage to the commencement Premises and to any other part of the Term of this Lease (concealed Building or otherwise), or required the Land caused by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements act or omission of the Leased Improvements. Lessee, howeverTenant or any Agent of Tenant, shall be permitted 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 claims against Lessor’s predecessors in title for breach to completion repair of any representation such injury, breakage or warranty or for any latent defects in damage within a reasonable period (not to exceed ten (10) days) following Tenant’s receipt of notice from Landlord, then Landlord shall have the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be right at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding LesseeLandlord’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or option to make any repairs, replacements, alterations, restorations or renewals of any nature or description such repair and to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, charge Tenant for all costs and expenses incurred in connection therewith, together with Landlord’s standard administrative fee. 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 (including Landlord’s standard administrative fee); provided that if Tenant elects to supply the bulbs or tubes to Landlord, then Landlord shall provide the labor involved for such replacement at Tenant’s expense (including Landlord’s standard administrative fee).
8.2 Except as otherwise provided in this LeaseLease and subject to normal wear and tear, or Landlord at its expense (subject to maintain the Leased Property in any way. Lessee hereby waives, reimbursement pursuant to Article V if and to the extent permitted thereby) shall keep the Common Areas and the Building Structure and Systems, clean and in good operating condition and, promptly after becoming aware of any item needing repair or replacement, will make such repair or replacement. Notwithstanding any of the foregoing to the contrary: (a) 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 (b) Landlord shall have no obligation to make any repairs whatsoever brought about by lawany act or omission of Tenant or any Agent of Tenant. To the fullest extent permitted by Law, the right Tenant hereby waives all rights to make repairs at the expense of LessorLandlord or in lieu thereof to vacate the Premises as may be provided by any Law. Landlord has no obligation and has made no promise to alter, pursuant to any law in effect at remodel, improve, repair, decorate or paint the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property Premises or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion except as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofspecifically and expressly herein set forth.
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Maintenance and Repairs. (a) LesseeSection 5.1 Maintenance and Repair; Completion of Improvement; FF&E Reserve Lessee acknowledges that it has received the Leased Property in good condition, repair and appearance. Lessee agrees that, at its sole expense, it shall keep and maintain the Leased Property, including any altered, rebuilt, additional or substituted buildings, structures and other improvements thereto, in good repair and appearance, except for ordinary wear and tear. Lessee shall also make promptly, all structural and nonstructural, foreseen and unforeseen, ordinary and extraordinary changes and repairs of every kind which may be required to be made to keep and maintain the Leased Property in such good condition, repair and appearance and it will keep the Leased PropertyProperty orderly and free and clear of rubbish. Lessee covenants to perform or observe all terms, and all private roadwayscovenants or conditions of any reciprocal easement or maintenance agreement to which it may at any time be a party or to which the Leased Property are currently subject. Lessee shall, sidewalks and curbs appurtenant thereto that are under Lessee’s controlat its expense, including windows and plate glassuse its best efforts to enforce compliance with any reciprocal easement or maintenance agreement benefiting the Leased Property by any other person subject to such agreement. Lessor shall not be required to maintain, mechanicalrepair or rebuild, electrical and plumbing systems and equipment (including conduit and ductware)or to make any alterations, and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether replacements or not the need for such repairs occurred as a result renewals of Lessee’s use, any prior use, the elements or the age of nature to the Leased Property, or any portion part thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, structural or nonstructural, foreseen or unforeseen or arising by reason of a condition existing prior not foreseen to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of maintain the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, expressly waives the right to make repairs at the expense of Lessor, pursuant to Lessor which may be provided for in any law in effect at the time of the execution commencement of this Lease the Term or hereafter which may thereafter be enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor If Lessee shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in abandon the Leased Property, or it shall give Lessor and any portion Facility Mortgagee immediate notice thereof.
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Maintenance and Repairs. (a) LesseeExcept for “Landlord Maintenance Obligations” as specified below in this Section 9, during the term of this Lease, Tenant shall, following the Commencement Date, at its sole cost and expense, will keep the Leased Propertyand maintain in good, first-class repair and condition (making any and all private roadwaysrepairs, sidewalks and curbs appurtenant thereto that are under Lessee’s controlreplacements or renewals, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and whether structural or non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinarystructural, foreseen or unforeseen, ordinary or extraordinary, interior or exterior appropriate to make achieve such a state of repair) the Work and all other portions of the Premises, including, but not limited to, maintenance, repairs and replacements of all parking lots, driveways and sidewalks, including, but not limited to, snow and ice removal, lawn and landscape maintenance, window and interior/exterior cleaning, roof maintenance, and all other maintenance, repairs and replacements to all portions of the Premises, including, but not limited to, dock equipment and electrical, plumbing, heating, ventilation and air conditioning (“HVAC”) systems, alarm, sprinkler and life safety systems (collectively, “Operation Expenses”). Notwithstanding the foregoing, the following items (“Landlord Maintenance Obligations”), shall be the responsibility of, and shall be at the sole cost and expense of Landlord (except as hereinafter set forth): (i) any expenditure whatsoever damage caused by Landlord or its agents, employees or contractors, (ii) any repairs or replacements required due to Landlord’s (or its employees’, agents’ or contractors’) failure to comply with respect thereto, in connection with this its obligations under the Lease, and (iii) any necessary replacements of the roof or repairs or replacements of structural walls, foundation (but excluding floor slabs), and interior load bearing walls, columns, beams, struts, ties, plates, joists, trusses and items of similar character, of the Building. Landlord shall endeavor to maintain give Tenant advance notice of the Leased Property replacements in any way(iii) above. Lessee hereby waivesNotwithstanding anything herein to the contrary, within twenty (20) days after demand therefore, along with invoices and reasonable supporting documentations, from time to time, Tenant shall reimburse Landlord for the cost of (a) replacements described in (iii) in the immediately preceding sentence, as amortized over their useful life as determined by Landlord in its reasonable discretion in accordance with GAAP, to the extent permitted the amortization of any such costs occurs during the term of this Lease (with Landlord being responsible for the balance of such costs not amortized over the balance of the term of the Lease (only taking into consideration Renewal Terms actually exercised by lawTenant)), and (b) all repairs of such items described in (iii) in the immediately preceding sentence. Landlord and Tenant shall perform their respective maintenance, repair and replacement obligations in a customary and good and workmanlike manner, with materials of a quality at least equal to that originally used, consistent with the Premises being a first-class suburban building. Tenant shall keep the Premises, including the Building and the Land, in a neat and good condition. Tenant agrees to furnish and pay for any and all janitorial, cleaning, trash collection and other similar services relating to the maintenance and sanitation of the Building on a regular basis. Tenant shall contract with a reputable HVAC contractor reasonably approved by Landlord for the routine maintenance and repair of the HVAC systems, and shall provide inspection reports to Landlord when requested from time-to-time. Tenant reserves the right to retain a third- party property manager to manage the Premises consistent with Tenant’s obligations under this Lease, at Tenant’s sole cost and expense. Notwithstanding anything herein to the contrary, Tenant shall be responsible for any damage caused by Tenant, its employees, agents or contractors. Except as stated above, and following the Commencement Date, Tenant waives the right to (a) require Landlord to maintain, repair or rebuild all or any part of the Premises, or (b) make repairs at the expense of Lessor, Landlord pursuant to any law legal requirements, contract, agreement, covenant, condition or restriction at any time in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existingeffect.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.
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Sources: Lease Agreement (AtriCure, Inc.)
Maintenance and Repairs. (a) Lessee8.1 Except as provided in Section 8.2 below, Tenant shall, during the Term, at its sole cost and expense, will keep in good repair and maintain the Leased Propertyentire Premises in good, clean working order, condition and all private roadwaysrepair including, sidewalks without limitation, the structural portions of the building and curbs appurtenant thereto that are under Lessee’s controlimprovements thereon, including windows the interior and exterior thereof, plate glass, mechanicalwiring, electrical plumbing, heat and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior useair conditioning units, the elements or parking and service areas, the age of landscaping, the Leased Propertyapproaches thereto and appurtenances thereof, or any portion thereof) including all adjacent sidewalks and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except alleys. Except as otherwise provided in Subsection 9.1(b)Section 8.2 below, Article 14 or Article 15Tenant's obligation to maintain the Premises shall specifically include, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any actionwithout limitation, the taking or omission of which might materially impair obligation to make any and all repairs and to repaint and/or re-stain all painted areas as required. Landlord shall not have any responsibility to maintain the value or the usefulness of the Leased Property Premises or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) aboveincluding, except to the extent of damage caused by Lessee’s negligence without limitation, any structural maintenance, repair, replacement or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces)restoration. Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not Tenant waives all rights under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the laws which may provide for Tenant's right to make repairs and to then deduct from rents the expenses of such repairs.
8.2 Except as provided in Section 8.3 below, Landlord shall, during the Term, at its sole cost and expense, keep in good repair and maintain the expense roof and exterior surface of Lessorthe Premises in good condition and repair. Landlord's obligations for maintenance and repair shall be limited to the particular obligations of this Section 8.2; all other maintenance and repair obligations relating to the Premises shall belong to Tenant under Section 8.1 above. Landlord's obligation to maintain the exterior surface of the Premises shall include, without limitation, the obligation to make any and all repairs and to repaint and/or restain, as applicable, the painted portions of the exterior surface. Upon the occurrence of the events described in Section 8.3 below, all obligations of Landlord hereunder shall shift to Tenant. In the event that Tenant becomes aware of the need to repair the roof and/or exterior surface of the Premises (prior to the assumption by Tenant of the responsibility for maintenance of the roof pursuant to any law Section 7.3 below), Tenant shall notify Landlord in effect at the time writing of the execution specific details of this Lease such need(s). In the event that Landlord fails to repair, or hereafter enactedcommences to repair (and prosecutes diligently to completion), except following default by Lessor such needs within ten (10) days after receipt of the written notice, and damages are thereafter suffered to the Premises and /or Tenant's personal property as the direct and consequential result of such failure to repair, then Landlord shall be liable to Tenant for the amount of such damages which exceed Tenant's recovery of insurance proceeds for such damage. Such damage shall be subject to reasonable proof and verification being provided to Landlord. The foregoing shall represent Landlord's only potential area of liability for maintenance and repair of the Premises under this Lease.
8.3 Landlord shall have the option, in its sole discretion and at its sole cost and expense, to re-roof the extent Premises and/or to repaint the exterior of repairs (for which Lessor is obligated hereunder) required the Premises. In the event that Landlord causes such work to be made performed during the Term, then immediately thereafter, and throughout the remainder of the Term, Tenant shall assume, at its sole cost and expense, the obligation to keep in order good repair and maintain the roof and/or the exterior surface of the Premises, respectively, along with and in comparable condition with other portions of the Premises as required of Tenant in Section 8.1 above. Upon such assumption: (a) Landlord's obligation to repair and maintain the roof and/or exterior surface of the Premises under Section 8.2 above shall cease and terminate and (b) Landlord shall cause to be assigned to Tenant any applicable warranty for the Hotelnew roof.
8.4 Tenant shall, at its sole cost and Lessee’s use thereofexpense, to comply with Lessee’s obligations under during the Franchise Agreement Term, keep and maintain all the Management Agreementpersonal property including furniture, fixtures and equipment, in good working order, condition and repair. Lessor Tenant shall have the right to giveinstall on the Premises any and all equipment and fixtures which Tenant desires to install thereon and which are necessary or convenient to or Tenant's use of the Premises as permitted herein, record and postwithout the consent of Landlord. All such property so installed by Tenant shall remain Tenant's property (other than replacements for personal property as provided below) and, provided Tenant is not in default hereunder, may be removed by Tenant as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained provided in this Lease and no action or inaction Lease. Tenant shall not remove any personal property owned by Lessor shall be construed Landlord which was leased to Tenant as (1) constituting part of the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property Premises and/or replacements thereof or any part thereofthereof from the Premises, without the prior written consent of Landlord. Tenant shall purchase and replace with substitutes of equal or (2) giving Lessee higher quality any rightworn out or broken items of personal property required to be on the Premises for continued licensing and/or certification as the same may occur from time to time throughout the Term at Tenant's sole cost and expense. Such items being replaced by Tenant shall become the property of Landlord. Tenant agrees, power or permission upon written request from Landlord, to contract execute any and all documents necessary to assist Landlord to fully evidence Landlord's ownership of the personal property.
8.5 Tenant shall, throughout the Term of this Lease, make all repairs, alterations, replacements and additions to the Premises required by law and/or as necessary to obtain and maintain licensing and certification as a licensed residential care facility for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance elderly.
8.6 By entering upon the estate of Lessor Premises, Tenant shall be deemed to have accepted the Premises as being in the Leased Propertygood and sanitary order, or any portion thereofcondition and repair.
Appears in 1 contract
Sources: Lease Agreement (Emeritus Corp\wa\)
Maintenance and Repairs. (a) Lessee, at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except Except as otherwise provided herein, Landlord shall keep the exterior and demising walls, foundations, roofs and common areas that form a part of the building, and the mechanical, electrical, HVAC and plumbing systems, pipes, and conduits of the building (the “Building Equipment’) in Subsection 9.1(b)clean, Article 14 or Article 15safe, with reasonable promptnesssanitary and operating condition, and will make all necessary and appropriate required repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Usethereto.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except anything to the extent contrary in this Section 8.1, maintenance and repair of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agentsspecial tenant equipment, Lessor including but not limited to special fire protection equipment, kitchen equipment, specially installed bathrooms and/or showers, security systems and supplementary air conditioning equipment serving only the Premises, shall be required the sole responsibility of Tenant. Fire protection equipment, bathrooms, air conditioning equipment, and the like that would have been furnished by Landlord on multi-tenant floors as part of a base building system (whether or not contained in Schedule I to bear Exhibit B) shall in no event be deemed “special tenant equipment,” even on floors fully occupied by Tenant.
8.2 Except as otherwise provided in Section 8.1, Landlord shall not be responsible for maintenance or repair of the improvements installed in the Premises pursuant to Exhibit B or Article IX hereof. At the expiration or other termination of the Lease Term, Tenant shall surrender the premises, broom clean, in the same order and condition in which they are on the Lease Commencement Date, ordinary wear and tear and unavoidable damage by the elements excepted. All bulbs and tubes for the Premises that would be utilized in the light fixtures that are designated by Landlord (and reasonably approved by Tenant) as standard for the Office Complex (although no light fixtures are being furnished to the Premises as part of the base building pursuant to Schedule I to Exhibit B) shall be provided and installed by Landlord at Landlord’s cost and expense. In the event Tenant elects to use as its standard light fixture in the Premises a different light fixture from that designated by Landlord pursuant to the immediately preceding sentence, Landlord shall furnish and install replacement bulbs and tubes for such fixtures, and any cost incurred in excess of the cost of maintaining furnishing replacement bulbs and tubes for Landlord’s designated standard light fixture (taking into account any underground utilities savings resulting from reduced energy consumption or less frequent replacement of bulbs and tubes) shall be borne by Tenant. All bulbs and tubes for light fixtures other than Tenant’s standard fixture shall be furnished at Tenant’s sole cost and expense
8.3 Except as otherwise provided in Section 13.4 or Article XVII hereof, all injury, breakage and damage to the structural elements Premises and to any other part of the Leased Improvements, including exterior walls and the roof Office Complex caused by any act or omission of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased PropertyTenant, or to make any repairs, replacements, alterations, restorations or renewals of any nature agent, employee, subtenant, contractor, customer or description to the Leased Propertyinvitee of Tenant, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted shall be repaired by law, the right to make repairs and at the sole expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enactedTenant, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor that Landlord shall have the right right, at its option, to givemake such repairs and to charge Tenant for all costs and expenses incurred in connection therewith as additional rent hereunder. The liability of Tenant for such costs and expenses shall be reduced by the amount of any insurance proceeds which Landlord would be entitled to receive from the policies required of it to be maintained hereunder (and without regard to any default by Landlord under any such policies) on account of such injury, record breakage or damage.
8.4 Landlord’s maintenance and postrepair obligations hereunder shall also apply to the retail level common area and outdoor common areas of the Office Complex, including, but not limited to, site and private access roads. It is the intention of the parties hereto, in fulfilling their respective maintenance and repair obligations hereunder, that the building and the Premises and all equipment and systems therein shall be maintained, repaired and/or replaced, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or impliedneeded, to any contractorprovide reliable, subcontractorenergy efficient service without unusual interruption, laborerdisturbing voices, materialman exposure to fire or vendor to safety hazards, uncomfortable drafts, excessive air velocities or for the performance unusual emissions of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property dirt. Maintenance work must be done in such fashion accordance .with applicable codes and inspection certificates must be displayed as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofappropriate.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Maintenance and Repairs. (a) Lessee, at its sole cost and expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, shall maintain in good order and repair (making all necessary replacements, renewals, and alterations, thereto) all portions of the Premises, interior and exterior, glass, doors, signs, interior walls, ceilings, roof, parking areas, landscaping, plumbing, heating, cooling, refrigeration (as to which heating and refrigeration elements Lessee shall acquire and maintain during the term an HVAC maintenance agreement with a licensed HVAC contractor for monthly changing of filters and routine work, a copy of which contract shall be provided Lessor), electrical systems, fixtures, plumbing systems and all other improvements now or hereafter located on the Premises. Lessee hereby assumes the full and sole responsibility for the condition, operation, repair, except (i) for ordinary wear replacement, maintenance and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age management of the Leased Property, or any portion thereof) Premises. Lessor and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or Lessee acknowledge and agree that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement Commencement Date, Lessee caused the Improvements to be constructed on the land and Lessee has been occupying the Premises since August 1, 1995. As such, Lessee acknowledges, represents and warrants to Lessor that no representations, inducements, understanding or anything of the Term of any nature whatsoever, made, stated or represented by Lessor or anyone acting for or on Lessor's behalf, either orally or in writing, have induced Lessee to enter into this Lease, and Lessee acknowledges, represents and warrants that Lessee has entered into this Lease (concealed under and by virtue of Lessee's own independent investigation. Lessee hereby accepts the Premises in an "AS IS" and "WHERE IS" condition without warranty of any kind, express or otherwise)implied, or required by including, without limitation, any governmental agency having jurisdiction over the Leased Property, except warranty as to the structural elements of the Leased Improvements. Lesseetitle, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value physical condition or the usefulness presence or absence of Hazardous Materials, and if the Leased Property Premises are not in all respects entirely suitable for the use or uses to which the Premises or any part thereof will be put, then it is the sole responsibility and obligation of Lessee to take such action as may be necessary to place the Premises in a condition entirely suitable for its Primary Intended Use.
(b) Notwithstanding such use or uses. IN CONNECTION WITH THE ABOVE, LESSEE HEREBY ACKNOWLEDGES AND REPRESENTS TO LESSOR, THAT LESSEE CAUSED THE IMPROVEMENTS TO BE CONSTRUCTED ON THE LAND AND HAS OCCUPIED THE IMPROVEMENTS SINCE AUGUST 1, 1995, LESSEE HAS HAD AMPLE OPPORTUNITY TO INSPECT AND EVALUATE THE PREMISES AND THE FEASIBILITY OF THE USES AND ACTIVITIES LESSEE IS ENTITLED TO CONDUCT THEREON; THAT LESSEE IS EXPERIENCED; THAT LESSEE WILL RELY ENTIRELY ON LESSEE'S EXPERIENCE, EXPERTISE AND ITS OWN INSPECTION OF THE PREMISES IN ITS CURRENT STATE IN PROCEEDING WITH THIS LEASE; THAT LESSEE ACCEPTS THE PREMISES IN ITS PRESENT CONDITION, AND THAT, TO THE EXTENT THAT LESSEE'S OWN EXPERIENCE WITH RESPECT TO ANY OF THE FOREGOING IS INSUFFICIENT TO ENABLE LESSEE TO REACH AND FORM A CONCLUSION, LESSEE HAS ENGAGED THE SERVICES OF PERSONS QUALIFIED TO ADVISE LESSEE WITH RESPECT TO SUCH MATTERS. LESSEE IS NOT RELYING ON ANY EXPRESS OR IMPLIED, ORAL OR WRITTEN REPRESENTATIONS, OR WARRANTIES MADE BY LESSOR OR ITS REPRESENTATIVES, OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS LEASE. _______________________ Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.'s Initials
Appears in 1 contract
Maintenance and Repairs. (a) Lessee, at its sole expense, will keep the Leased Property6.6.1 With respect to each Facility, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lesseewithout limiting Tenant’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor Premises under this Lease, within sixty (60) days following the end of each Lease Year, Tenant shall deliver to Landlord a report (a “Maintenance Expenditures Report”), certified as true, correct and complete by an officer of Tenant, summarizing and describing in reasonable detail all of the Maintenance Expenditures made by Tenant during the preceding Lease Year on each Facility, and such receipts and other information as Landlord may reasonably request relative to the extent Maintenance Expenditures made by Tenant during the applicable Lease Year, in form and content satisfactory to Landlord in the reasonable exercise of repairs Landlord’s discretion, confirming that Tenant has in such Lease Year spent, with respect to the Premises, at least an aggregate amount of Four Hundred Dollars ($400.00) per operational bed or unit, as applicable (the “Minimum Aggregate Maintenance Amount”), minus the Overage Amount (as hereinafter defined), for which Lessor is obligated hereunder) required repair and maintenance of the Facilities excluding normal janitorial and cleaning but including such expenditures to the Facilities and replacements to Landlord’s Personal Property at the Facilities as Tenant deems to be made necessary in order for the Hotelexercise of its reasonable discretion. If Tenant fails in any Lease Year to expend the Minimum Aggregate Maintenance Amount minus the Overage Amount, and Lessee’s use thereof, fails to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices either (i) cure such default within sixty (60) days after receipt of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereofa written demand from Landlord, or (ii) obtain Landlord’s written approval, in its reasonable discretion, of a repair and maintenance program satisfactory to cure such deficiency, then the same shall be deemed an Event of Default hereunder. As used herein “Overage Amount” means the sum of amounts expended by Tenant pursuant to this Section 6.6.1 in the two (2) giving Lessee immediately preceding Lease Years in excess, if any, of the Minimum Aggregate Maintenance Amount for such prior Lease Years (excluding any right, power or permission to contract for or permit such amounts that are financed by Tenant and secured by a lien on the performance of any labor or services or the furnishing of any materials or other personal property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofrelating thereto).
Appears in 1 contract
Sources: Master Lease (CareTrust REIT, Inc.)
Maintenance and Repairs. (a) Lessee, at its sole expense, will LESSEE shall keep the Leased Propertyin good order, and all private roadwayscondition and repair, sidewalks and curbs appurtenant thereto that are under Lessee’s controlthe interior of said premises, including windows and plate glasswithout limitation, mechanicalthe windows, electrical and plumbing systems and equipment (including conduit and ductware)doors, showcases, ceiling, floors, plumbing, and non-load bearing interior walls, and parking lot surfacesexcept painting the interior walls which shall be maintained by ▇▇▇▇▇▇. ▇▇▇▇▇▇ shall be responsible for keeping the leasedpremises clean. 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. ▇▇▇▇▇▇ shall return the premises at the expiration of this lease in as good order and repaircondition as it received the same, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvementsexcepted. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor LESSEE shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, have the right to make repairs at the expense of Lessorany alterations, pursuant to any law in effect at the time of the execution of this Lease improvements, or hereafter enacted, except following default by Lessor under this Lease, additions to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreementpremises without first obtaining LESSOR'S written consent. Lessor LESSEE shall have the right to giveinstall showcases or equipment which may be removed at the expiration of this lease with the approval of the Airport Director, record provided LESSEE is not in default, and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor providing further that LESSEE shall restore the premises to its pre-installation condition. LESSEE shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or liable for the performance costs of all repairs to the premises made necessary because of any labor act or services omissions of the LESSEE, its agents or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereofservants, or (2) giving Lessee any rightby its customers. LESSOR shall keep in good order, power or permission and condition and repair, the basic equipment supplied by LESSOR under the terms of this lease, such as the freezer, 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 contract and including the meters, permanent canopies, exterior walls, gutters, downspouts, and exterior painting, and LESSOR shall maintain the heating and air conditioning system. LESSOR shall also maintain and clean all public and common areas of the building, including the restrooms. LESSOR shall also be responsible for or permit cleaning and maintaining the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or hood vents. LESSOR shall not be required to make any agreement that may createrepairs to the structural parts of the building, which become necessary or desirable because of any act or negligence of LESSEE, its agents, invitees, or employees, in any way which event the same shall be the basis for obligation of LESSEE. LESSEE shall forthwith at its own cost and expense, replace with a glass of the same quality, any rightcracked or broken glass, titleincluding plate glass, interest, lien, claim or other encumbrance upon the estate of Lessor and any interior and exterior windows and glass in the Leased Property, doors of the demised premises when the breakage is caused by LESSEE or any portion thereof▇▇▇▇▇▇'S invitees.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. (a) Lesseea. Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at its sole expenseall times, will keep including any Requisition period, put, keep, and maintain the Leased PropertyPremises (including, without limitation, the roof, landscaping, walls, footings, foundations, and all private roadways, sidewalks structural components of the Leased Premises) and curbs appurtenant thereto that are under Lessee’s control, including windows the Equipment in the same condition and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repairof repair as exists as of the date of this Lease, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s usetear, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, shall promptly make all necessary repairs and appropriate repairs replacements, and improvements thereto replacements of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen unforeseen, which may be required to be made upon or arising in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11 (a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), in connection with any excavation or required by other building operation upon any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. LesseePremises, howeverwhether or not Landlord shall, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach by reason of any representation Legal Requirements or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shallInsurance Requirements, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces)take such action or be liable for failure to do so. Except as set forth in the preceding sentence and in Section 10.5, Lessor Landlord shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Propertyrepair, whether ordinary or extraordinary, foreseen or unforeseen, or to make maintain any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain of the Leased Premises or Adjoining Property in any way. Lessee , and Tenant hereby waives, to the extent permitted by law, expressly waives the right to make repairs at the expense of Lessorthe Landlord, which right may be provided for in any Law now or hereafter in effect. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g) of this Lease. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly, and all repairs shall be in a good, proper and workmanlike manner.
b. In the event that any law in effect Improvement shall (i) violate any Legal Requirements or Insurance Requirements, or (ii) encroach on any adjoining property, and as a result of such violation or encroachment enforcement action is threatened or commenced against Tenant or with respect to the Leased Premises, then Tenant, at the time request of Landlord, shall either (i) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such violation, whether the execution of this Lease same shall affect Landlord, Tenant or hereafter enactedboth, except following default by Lessor under this Leaseor (ii) take such action as shall be necessary to remove such violation, to the extent of repairs (for which Lessor is obligated hereunder) required to including, if necessary, any Alteration. Any such repair or Alteration shall be made in order conformity with the provisions of Paragraph 12 of this Lease.
c. If Tenant shall be in default under any of the provisions of this Paragraph 11, Landlord may after thirty (30) days written notice giv▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇re of Tenant to commence to cure during said period, but without notice in the event of an emergency, do whatever is necessary to cure such default as may be appropriate under the circumstances for the Hotelaccount of and at the expense of Tenant. In the event of an emergency Landlord shall notify Tenant of the situation by phone or other available communication. All reasonable sums so paid by Landlord and all reasonable costs and expenses (including, without limitation, attorneys' fees and Lessee’s use thereofexpenses) so incurred, to comply together with Lessee’s obligations interest thereon at the Default Rate from the date of payment or incurring the expense, shall constitute Additional Rent payable by Tenant under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as paid by Tenant to Landlord on demand.
d. Tenant shall from time to time replace with other operational equipment or parts (1the "REPLACEMENT EQUIPMENT") constituting any of the request of Lessor, expressed Equipment (the "REPLACED EQUIPMENT") which shall have become worn out or implied, to any contractor, subcontractor, laborer, materialman or vendor to or unusable for the performance of any labor purpose for which it is intended, been taken by a Condemnation as provided in Paragraph 13, or services been lost, stolen, damaged or the furnishing of any materials or other property for the construction, alteration, addition, destroyed as provided in Paragraph 14. Tenant shall repair or demolition of or at its sole cost and expense all damage to the Leased Property Premises caused by the removal of Equipment or any Replaced Equipment or other personal property of Tenant or the installation of Replacement Equipment. All Replacement Equipment shall become the property of Landlord, shall be free and clear of all liens and rights of others and shall become a part thereofof the Equipment as if originally demised herein.
e. Landlord shall have no obligations for repairs, replacements, or (2) giving Lessee any right, power or permission to contract for or permit the performance maintenance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofPremises.
Appears in 1 contract
Sources: Lease Agreement (Dave & Busters Inc)
Maintenance and Repairs. (a) LesseeExcept as set forth in subparagraph (e) below, Landlord, at its sole expense, will keep shall make all repairs or replacements and perform all maintenance to the Leased PropertyBuilding, the Premises, and all private roadwaysCommon Areas, sidewalks including machinery and curbs appurtenant thereto equipment used in the operation, maintenance or repair of the Common Areas, the foundations, roof, supporting walls, exterior, facades, downspouts, foundations, walls, exterior windows and window frames, including all exterior glass surfaces, exterior doors and door frames, and other structural components of the Building, and all other improvements and appurtenances relating to or part of the Building that are under Lessee’s controlnot maintained by tenants of the Building, including windows as may be required to maintain the said structures, structurally as well as cosmetically, in first-class, attractive, clean and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware)safe condition, and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) unless the necessity for ordinary wear and tear (whether or not the need for making any such repairs occurred as a result or replacements shall have been occasioned by any act, omission, or negligence of LesseeTenant, its agents or employees, other than Tenant’s useuse and occupancy of the Premises for the Permitted Uses. As used in this subparagraph (a) the term maintenance shall include regular cleaning, any prior userepainting, redecorating, and necessary repaving or resurfacing of drives and parking areas (including those of the 80▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇ot).
b) If additions to, alterations of, or construction, repairs in, on and about the Building, the elements or Premises and/or any Common Areas are required (the age of the Leased Property, or any portion thereof“Required Work”) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Propertyentity or individual complainant under any present or future law, except as regulation, ordinance, order or direction of federal, state, county and municipal authorities from time to time applicable to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, all cost and expenses attributable to such Required Work shall be borne by Landlord, except that if Tenant, in constructing any of Tenant’s Improvements or making its installations, has caused the Premises to become non-compliant, or if the Required Work shall have been occasioned by any act, omission, or negligence of Tenant, its agents or employees, other than Tenant’s use and occupancy of the Premises for the Permitted Uses, then in such event such cost and expenses so attributable to such Required Work shall be borne by Tenant. Notwithstanding the foregoing, nothing herein shall relieve Landlord of its express obligations under any other provisions of this Lease, and Tenant shall not be obligated to comply with any law, regulation, ordinance, order or direction which applies to the systems, services and utilities to be supplied under the terms of this Lease to the Premises at Landlord’s expense, or compliance with the Americans with Disabilities Act or Asbestos Related Laws (2as hereinafter defined) giving Lessee any rightincluding asbestos removal, power or permission to contract for or permit abatement and/or remediation, all of which are the performance obligations of Landlord under this Lease, provided, however, that if Tenant changes the location of any labor bathroom or services constructs a new bathroom (other than on account of an asbestos event, in which case Landlord shall cover cost of such construction, including ADA compliance), then Tenant shall be responsible for meeting all applicable ADA requirements for the construction of such bathroom.
c) At the commencement of this Lease, Landlord shall provide the following to serve the Building, the Premises and Common Areas, including use by Tenant, its employees, invitees, licensees, customers, clients, or guests: heating, ventilating and air conditioning systems; utility systems, including those for electrical power, lighting, plumbing, water, sanitary sewer, and storm water and related lines, pipes, conduits, fixtures and equipment; fire protection and security equipment and alarms, including sprinklers, dry hydrants, and/or Haylon, FM-200 or similar fire protection devices presently existing; and other existing fixtures and facilities, including three(3) passenger elevators and one (1) service elevator, escalators serving the Premises, and common area restrooms, in good working order and repair, and except as set forth in subparagraph (f) below with respect to escalators, Landlord shall be responsible at its expense for the maintenance, repair and/or replacement of each during the Term, unless the necessity for making any such repair or replacement shall have been occasioned by the act, omission, or negligence of Tenant, its agents, employees, or invitees.
d) Landlord shall provide regular maintenance and service to the HVAC systems serving the Building, including the Premises, and keep in force an adequate maintenance agreement on such HVAC systems with a qualified service provider, and such maintenance shall comply with applicable present or future federal, state and/or local governmental ambient air and environmental standards from time to time applicable to the Premises.
e) Subject to the provisions of subparagraph (b) above and paragraph 35 below with respect to asbestos containing materials which Landlord shall maintain, remove, ▇▇▇▇▇ and otherwise remediate at its sole expense, Tenant shall, at its expense, maintain in good order and condition, reasonable wear and tear, casualty and condemnation excepted, all interior doors and door frames, interior window frames, interior floor coverings, non-structural interior partitions, and finished trim in the Premises, and Tenant shall make all repairs or replacements to all light bulbs, ballasts and fluorescent tubes in the Premises. Tenant shall be solely responsible for maintenance, repair and replacement of all of Tenant’s equipment, fixtures, and facilities located within the Premises. Tenant shall commit no waste and shall, at its expense, repair all damage or injury to the Premises and Landlord’s fixtures and the Building resulting from the act, omission, or negligence of Tenant, its agents, employees, or invitees.
f) During the Term, Tenant shall, at its expense, maintain in good order and condition, reasonable wear and tear, casualty and condemnation excepted, the escalators serving the Premises. All repairs or replacements not resulting from Tenant’s failure to maintain the escalators or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may createact, omission, or in negligence of Tenant, its agents, employees, or invitees, shall be made by Landlord at its sole cost and expense. Accordingly, if any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Propertyescalator, or any portion part thereof, has outlived its useful life during the Term, Landlord shall replace the same at no expense to Tenant.
Appears in 1 contract
Sources: Lease Agreement (Bank of the James Financial Group Inc)
Maintenance and Repairs. (a) Lessee8.1 Tenant, at its Tenant’s sole cost and expense, will shall promptly make all non-structural repairs and replacements, and perform all non-structural maintenance, in and to the Premises to keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, Premises in good order operating condition and repair, except (i) for ordinary wear in a clean, safe and tear (whether tenantable condition, and otherwise in accordance with all Laws and the requirements of this Lease. Tenant shall likewise maintain all trade fixtures, furnishings and equipment located in, or not the need for such repairs occurred as a result of Lessee’s use, any prior useexclusively serving, the elements Premises and make all required repairs and replacements thereto. Tenant shall also maintain, repair and 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 defects or damage to the age of the Leased Propertystructure of, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence equipment or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any actionfixtures in, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property Building or any part thereof, or any mold or moisture condition, of which Tenant has actual knowledge. Tenant shall suffer no waste or injury to any part of the Premises, and shall, at the expiration or earlier termination of the Lease Term, surrender the Premises in broom clean condition, subject to ordinary wear and tear and as otherwise provided in Article XIII or Article XVII hereof. Except as otherwise provided in Article XVII hereof, all injury, breakage and damage to the Premises and to any other part of the Building or the Land caused by any act or omission of Tenant or any Agent of Tenant, (2i) giving Lessee shall be, with respect to repairs to Building Structure and Systems, the Building, or the Land, repaired by Landlord at the Tenant’s cost and expense with respect to any rightrepairs to Building Structure and Systems and (ii) shall be, power with respect to non-structural repairs to the Premises and/or Tenant Items, repaired by the Tenant at Tenant’s expense, except that if either an emergency condition exists or permission the Lease Term has expired or Tenant fails to contract for or permit the performance commence and diligently prosecute to completion repair of any labor such injury, breakage or services or damage within a reasonable period (not to exceed ten (10) days) following Tenant’s receipt of notice from Landlord, then Landlord shall have the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or right at Landlord’s option to make any agreement such repair and to charge Tenant for all costs and expenses incurred in connection therewith. Notwithstanding any term, condition or provisions of this Section 8.1 to the contrary, Landlord shall provide and install replacement tubes for Building standard fluorescent light fixtures. All other bulbs and tubes for the Premises shall be provided and installed at Tenant’s expense; provided that may createif 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 shall keep the Building Structure and Systems, clean and in good operating condition and, promptly after becoming aware of any item needing repair or in replacement, will make such repair or replacement. Notwithstanding any way of the foregoing to the contrary, maintenance and repair of all Tenant Items shall be the basis for any right, title, interest, lien, claim or other encumbrance upon sole responsibility of Tenant and shall be deemed not to be a part of the estate Building Structure and Systems. Table of Lessor in the Leased Property, or any portion thereof.Contents ARTICLE IX
Appears in 1 contract
Sources: Office Lease Agreement
Maintenance and Repairs. (a) Lessee, at its sole expense, will keep The Mural shall remain on the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment Wall for a three (including conduit and ductware3) year period following the Completion Date (the “Maintenance Period”), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) aboveDuring the Maintenance Period, except the District shall remain responsible for repairs to damage to the extent of damage Wall caused by Lessee’s negligence leaching or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existingscaling.
(c) Nothing contained During the Maintenance Period, the Society shall:
(i) inspect the Mural at least quarterly and will at all times repair and maintain the Mural in this Lease a good and no action clean condition; and without limiting paragraph (i), If the District considers at any time that the Mural requires repairs, including but not limited to damage caused by peeling or inaction by Lessor fading paint, tagging, or events of vandalism, the District shall notify the Society in writing and the Society shall, at its sole cost and expense, cause repairs to be construed as completed within ninety (190) constituting the request of Lessor, expressed or implieddays, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance satisfaction of any labor or services or the furnishing of any materials or other property for District. If the construction, alteration, addition, repair or demolition of or Society does not complete the repairs to the Leased Property Mural to the satisfaction of the District, the District may, at its sole discretion, effect the repairs to the Mural or any part thereofotherwise remove the Mural.
(d) The District shall not deface, damage, alter, destroy, or directly obstruct the visibility of the Mural during the Maintenance Period.
(2e) giving Lessee Notwithstanding the foregoing section 9(c), the District may deface, damage, alter, destroy or directly obstruct the visibility of the Mural if the District notifies the Society in writing ninety (90) days in advance that the District intends to do any rightof the following prior to the expiry of the Maintenance Period:
(i) Sell the Lands;
(ii) Demolish the Fire Hall Building; or
(iii) Paint over the Mural, power or permission and upon the Society’s receipt of the District’s written notice pursuant to contract for or permit this section 9(d), this Agreement shall terminate and the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor Society shall have no further maintenance obligations in respect thereof or to make of the Mural. The Society is not entitled to, and irrevocably waives and releases the District from, any agreement that may create, or in any way be the basis and all claims for any rightdamages or compensation for costs incurred, titleloss of profit or loss of opportunity, interest, lien, claim directly or other encumbrance upon the estate indirectly arising out of Lessor in the Leased Property, or any portion thereoftermination of this Agreement.
Appears in 1 contract
Sources: Public Art Agreement
Maintenance and Repairs. Tenant
(a) Lesseeexcept as specifically set forth in section 5, shall, at its sole the Tenant’s own expense, will take good care of the Premises, and the pipes, fixtures, appliances, equipment and appurtenances belonging thereto, and keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, same in good order and repair, except repairs (iif any) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be quality and class at least equivalent in quality equal to the original work. Lessee will not take or omit ; on default of Tenant to take any actiondo such work, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof Landlord may do it for its Primary Intended Use.
Tenant’s account, and Tenant shall have no claim for inconvenience on account thereof; (b) Notwithstanding Lesseeshall not cut or drill or otherwise deface or injure the building; (c) shall not use or permit the use of the roof except as shall be expressly permitted in writing by Landlord, including, without limitation, for the installation thereon of any antenna, airlines, masts, or other radio or television equipment; (d) shall not, without the Landlord’s obligations under Subsection 9.1(aprior written consent first obtained in each instance, permit any matter or thing to be extended or projected from the window sash, window sill, cornice or fire escape of the Premises; (e) aboveshall, except within ten (10) days after the Landlord’s demand thereof, pay to Landlord as additional rent hereunder, an amount equal to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agentsincrease, Lessor shall be required to bear if any, in the cost of maintaining any underground utilities and the structural elements amount of the Leased Improvements, including exterior walls fire insurance premium applicable to the building for and during the roof demised term resulting from the Tenant’s use and occupancy of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth Premises in violation of the preceding sentence and use permitted in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain from the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and LesseeTenant’s use thereof, failure to comply with Lesseeany requirements of law or the recommendation of any insurance carrier; (f) shall not, without the Landlord’s obligations under prior written consent first obtained in each instance, make alteration or addition to the Franchise Agreement electric wiring, equipment, or appliances, including, without limitation, any heating, air conditioning system, water systems, or gas pipe systems, or tap any mains or pipes to supply water for refrigeration or air conditioning apparatus; (g) shall not, without Landlord’s prior written consent first obtained in each instance, make any alterations, decorations or improvements in or to the Premises, provided however, Landlord’s consent to non-structural interior alterations or decorations shall not be unreasonably withheld; (h) shall comply with all reasonable and uniform regulations and orders of Landlord designated to promote the Management Agreement. Lessor safety or good order of the building; and (i) shall have promptly discharge by filing the right to givenecessary bond, record and postor otherwise, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting other lien filed against the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance Premises because of any labor work or services material done or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or furnished to the Leased Property Tenant. All alterations, additions or any improvements made to the Premises by either party, including railings, galleries, decorations, paneling and similar items, unless Landlord shall otherwise elect in writing, shall become the property of Landlord and be surrendered as part thereof, of the Premises at the expiration or (2) giving Lessee any right, power or permission to contract for or permit the performance earlier termination of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofthis Lease.
Appears in 1 contract
Sources: Lease Agreement (Lucid Inc)
Maintenance and Repairs. SECTION 7.01. Tenant shall, throughout the term hereof until the surrender of the Demised Premises (a) Lesseewhich is governed by Article Fifteen hereof), and, except as may be otherwise expressly provided herein, 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, except as may be otherwise expressly provided herein, promptly make all repairs to maintain the Demised Premises in good and lawful order and condition. When used in this Article, the term “repairs” shall include replacement, restoration and/or renewals when necessary. The provisions and conditions of Article Nine applicable to changes or alterations shall similarly apply to repairs required to be done by Tenant under this Article. Tenant shall keep and maintain all portions of the Demised Premises, including, without limitation, the roof and structure of the building and all building equipment, plumbing, and HVAC systems in good working order and condition and shall maintain the sidewalks, in a clean and orderly condition, free of accumulation of water, dirt and rubbish. Except as otherwise provided in Article Fifteen, nothing herein contained shall be construed to prevent Tenant from removing from the Demised Premises its own trade fixtures, furniture, and equipment on the condition, however, that Tenant shall, at its sole own cost and expense, will keep and it hereby agrees to, repair any and all damages to the Leased PropertyDemised Premises resulting from or caused by the removal thereof, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for not from ordinary wear and tear (whether tear.
SECTION 7.02. Tenant shall permit Landlord and the authorized representatives of Landlord to enter the Demised Premises upon reasonable notice at all reasonable times during usual business hours for the purpose of exhibiting or not inspecting the need for such same and of making any necessary repairs occurred 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 work or to make any alterations, repairs, additions or improvements to the Demised Premises, of any kind whatsoever except to the extent required as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by LessorLandlord’s gross negligence or willful misconduct or that of its employees agents or agentsemployees. 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 liable for inconvenience, andannoyance, except as otherwise provided in Subsection 9.1(b)disturbance, Article 14 loss of business or Article 15other damage of Tenant or any other occupant of the Demised Premises or part thereof, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to making repairs or the commencement performance of any work on the Term Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof and the obligations of Tenant under this Lease (concealed or otherwise), or required by shall not thereby be affected in any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvementsmanner whatsoever. LesseeLandlord shall, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance doing of any labor or services or the furnishing such work cause as little inconvenience, annoyance, disturbance, loss of any materials business or other property for the construction, alteration, addition, repair or demolition of or damage to the Leased Property Tenant or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or such other property in such fashion occupant as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor reasonably possible in the Leased Property, or any portion thereofcircumstances.
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Maintenance and Repairs. (a) LesseeSublessor shall deliver the Premises to Sublessee in its “As-Is,” except that, prior to the Commencement Date Sublessor shall, at its sole expense, will keep no cost to Sublessee (i) remove all of Sublessor’s personal property from the Leased PropertyPremises, and all private roadways(ii) and verify that the HVAC, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanicallighting, electrical and plumbing systems and equipment (including conduit and ductware)collectively, and non-load bearing interior walls, and parking lot surfaces, the “Building Systems”) serving the Premises are in good working order and repair, except (i) for ordinary wear and tear (whether or not on the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces)Commencement Date. Except as set forth in this Section 7, Sublessee shall accept the Premises in its then-existing, “as is” condition, and, so long as the Building Systems and the Premises are in the condition required by the preceding sentence and in Section 10.5on the Commencement Date, Lessor after the Commencement Date Sublessor shall not under have no obligation whatsoever to make or pay the cost of any circumstances be alterations, improvements or repairs to the Premises, including, without limitation, any improvement or repair required to build comply with any law, regulation, building code or rebuild any improvement on ordinance (including, without limitation, the Leased Property, or Americans with Disabilities Act of 1990 [“ADA”]). Sublessor agrees to make use reasonable efforts to cause Master Landlord to perform any repairs, replacements, alterations, restorations maintenance or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or replacements it is required to make any expenditure whatsoever with respect theretounder the Master Lease. As of the date of this Sublease, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waivesSublessor represents that, to the extent permitted by law, the right to make repairs at the expense best of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, Sublessor’s actual knowledge and belief (as limited to the extent actual knowledge and belief of Sublessor’s Managing Director-Real Estate & Construction), Master Landlord is not in breach of its obligations in the Master Lease for such work. Otherwise, subject to Section 24.1 hereof, Sublessor is not responsible for any repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations performed by Master Landlord under the Franchise Agreement terms of the Master Lease. Sublessee acknowledges and agrees that it has had the Management Agreement. Lessor shall have full opportunity to inspect the right to givePremises and all conditions related thereto, record and post, as appropriate, notices of nonresponsibility under including specifically any mechanic’s lien laws now or hereafter existingenvironmental conditions.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.
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Maintenance and Repairs. (a) LesseeLandlord and/or Sublessor shall make all necessary repairs and replacements to the non-leasable areas of the Building, at its sole expenseto the heating, will keep air conditioning and electrical systems located in the Leased PropertyBuilding, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s controlto the common areas, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware)parking areas, and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such Landlord shall also make all repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence Premises which are structural in nature; provided, however, that Sublessee shall make all repairs and replacements arising from its act, neglect or willful misconduct or default and that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 servants and employees. In the event that the Sublessor or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise)Landlord shall deem it necessary, or be required by any governmental agency having jurisdiction over authority to repair, alter, remove, reconstruct or improve any part of the Leased PropertyPremises or of the Building (unless the same result from Sublessee’s act, except as neglect, default or mode of operation in which event Sublessee shall make all such repairs, alterations and improvements), then the same shall be made by Landlord or Sublessor with reasonable dispatch, and should the making of such repairs, alterations or improvements cause any interference with Sublessee’s use of the Premises, such interference shall not relieve Sublessee from the performance of its obligations hereunder. Landlord and/or Sublessor shall repair (without any charge to Sublessee) any damage to the structural elements Premises or the improvements therein which is caused by the act, omission or negligence of the Leased ImprovementsLandlord or Sublessor, their agents, employees, contractors or representatives. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, Notwithstanding anything contained herein to the extent reasonably achievablecontrary, be at least equivalent in quality performing any repair or maintenance activities hereunder or in making any alterations, improvements or changes to the original work. Lessee will not take Building or omit areas or facilities serving the Building, Landlord and/or Sublessor shall use commercially reasonable efforts to take minimize any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Useinterference with Sublessee’s business operations.
(b) Notwithstanding LesseeSublessee, at Sublessee’s obligations under Subsection 9.1(a) abovesole cost and expense, except for services furnished by Sublessor pursuant to Paragraph 7 hereof, shall maintain the interior of the Premises in good order, condition and repair including the interior surfaces of the ceilings (if damaged or discolored due to the fault of Sublessee), walls and floors, all doors, interior glass partitions or glass surfaces (not exterior windows); and to the extent such items exceed Building standards, plumbing pipes, electrical wiring, switches, fixtures and other special items subject to the provisions of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agentsParagraph 15. In connection with the foregoing, Lessor shall be required Sublessee agrees to bear the cost of maintaining any underground utilities and the structural elements shampoo all carpeted areas of the Leased Improvements, including exterior walls and the roof Premises at least once during each year of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution term of this Lease or hereafter enactedSublease. Upon request from Sublessor, except following default Sublessee shall submit evidence to Sublessor of compliance by Lessor under this Lease, to Sublessee with the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for foregoing shampoo obligation. In the Hotel, and Lessee’s use thereof, event Sublessee fails to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor foregoing requirement, Sublessor shall have the right to giveshampoo said carpet and Sublessee agrees to reimburse Sublessor for all costs incurred by it in connection therewith. In the event Sublessee fails to maintain the Premises in good order, record condition and postrepair, Sublessor shall give Sublessee notice to do such acts as appropriateare reasonably required to so maintain the Premises. In the event Sublessee fails to promptly commence such work and diligently prosecute it to completion, notices then Sublessor shall have the right, but shall not be required, to do such acts and expend such funds at the expense of nonresponsibility under Sublessee as are reasonably required to perform such work. Sublessor shall have no liability to Sublessee for any mechanic’s lien laws now damage, inconvenience or hereafter existinginterference with the use of the Premises by Sublessee as a result of performing any such work.
(c) Nothing contained in this Lease Sublessor and no action or inaction by Lessor Sublessee shall be construed as (1) constituting the request of Lessoreach do all acts required to comply with all applicable laws, expressed or impliedordinances, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance regulations and rules of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or public authority relating to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion their respective maintenance obligations as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofset forth herein.
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Maintenance and Repairs. (a) Lessee, at its sole expense, will keep Landlord shall Maintain the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s controlBuilding, including windows and plate glass, mechanical, electrical and plumbing systems and equipment the Premises (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by LessorTenant’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided obligations set forth in Subsection 9.1(bSection 9(b) hereof), Article 14 or Article 15the Common Areas, with reasonable promptnessthe Building Systems and any other improvements owned by Landlord located on the Property. If Tenant becomes aware of any condition that is Landlord’s responsibility to repair, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement Tenant shall promptly notify Landlord of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Usecondition.
(b) Tenant at its sole expense shall keep the Premises and the fixtures, improvements, equipment, and finishes, and any Alterations therein in clean, safe, and sanitary condition and in good order and repair and will cause no waste or injury thereto. Tenant shall provide janitorial and trash removal for the Premises to a commercially reasonable standard. 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 at the sole expense of Tenant to the extent not covered by any applicable insurance proceeds paid to Landlord. Notwithstanding Lessee’s obligations under Subsection 9.1(a) abovethe foregoing, in the event of a repair or replacement of any HVAC unit costing in excess of $1,000.00 per unit, per instance, except to the extent of damage caused by LesseeTenant’s or Tenant’s Agents’, employees’, contractors’ or invitees’ negligence or willful misconduct or that of its employees or agentsmisconduct, Lessor Landlord shall cause such work to be completed and the cost thereof shall be required to bear amortized over the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductwarereasonable useful life thereof, and non-load bearing walls, and parking lot surfaces). Except as set forth in Tenant shall pay the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, monthly amortized portions thereof to the extent permitted by lawfalling during the Term (as the same may be extended). Additionally, and notwithstanding the foregoing, both parties expressly acknowledge that four (4) of the eight (8) HVAC units serving the Premises (being Unites 1, 2, 3 and 6) are over twenty (20) years old (each and “Aged Unit”, collectively, the right to make “Aged Units”). Tenant shall not (and Landlord shall) be responsible for any repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (Aged Units or for which Lessor their replacement. Once any Aged Unit is obligated hereunder) required to replaced Tenant shall be made in order responsible for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor replacement unit in the Leased Property, or any portion thereofsame manner as the other units serving the Premises that are not Aged Units.
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Maintenance and Repairs. (a) Lessee8.1 Tenant, at its Tenant’s sole cost and expense, will shall promptly make all nonstructural repairs, and perform all maintenance, in and to the Premises to keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, Premises in good order operating condition and repair, except (i) for ordinary wear in a clean, safe and tear (whether tenantable condition, and otherwise in accordance with all Laws and the requirements of this Lease. Tenant shall likewise maintain all fixtures, furnishings and equipment owned or not the need for such repairs occurred as a result installed by or on behalf of Lessee’s useTenant and located in, any prior useor exclusively serving, the elements Premises and make all required repairs and replacements thereto. Tenant shall also maintain, repair and replace, at Tenant’s sole cost and expense, the Tenant Items. Tenant shall keep in force customary maintenance and service contracts for equipment installed by or on behalf of Tenant and which exclusively serves the age Premises. Tenant shall give Landlord prompt written notice of any defects or damage to the Leased Propertystructure of, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence equipment or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any actionfixtures in, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property Building or any part thereof, or (2) giving Lessee any rightmold or moisture condition, power of which Tenant has knowledge. Tenant shall suffer no waste or permission injury to contract any part of the Premises, and shall, at the expiration or earlier termination of the Lease Term, surrender the Premises in an order and condition equal to or better than that on the Lease Commencement Date, except for ordinary wear and tear and as otherwise provided in Article XIII or permit Article XVII. Except as otherwise provided in Article XVII, all injury, breakage and damage to the performance Premises and to any other part of the Building or the Land caused 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 labor such injury, breakage or services or damage within a reasonable period (not to exceed ten (10) days) following Tenant’s receipt of notice from Landlord, then Landlord shall have the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or right at Landlord’s option to make any agreement such repair and to charge Tenant for all costs and 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 may createif 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, clean and in good operating condition and, promptly after becoming aware of any item needing repair or in replacement, will make such repair or replacement. Notwithstanding any way of the foregoing to the contrary: (a) maintenance and repair of all Tenant Items shall be the basis for sole responsibility of Tenant and shall be deemed not to be a part of the Building Structure and Systems; and (b) Landlord shall have no obligation to make any right, title, interest, lien, claim repairs whatsoever brought about by any act or other encumbrance upon the estate omission of Lessor in the Leased Property, Tenant or any portion thereofAgent.
Appears in 1 contract
Sources: Office Lease Agreement (Synchronoss Technologies Inc)
Maintenance and Repairs. (a) Lessee11.1. Throughout the Term the Tenant shall, at its sole cost and expense, will take good care of the Demised Premises and of the Equipment, and keep the Leased Propertysame (regardless whether any portion of the Demised Premises or the Equipment has been retired, and all private roadwaystemporarily or permanently, sidewalks and curbs appurtenant thereto that are under Lessee’s controlfrom use in Tenant's operation of the business) in at least as good order, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order condition and repair, except (i) for ordinary wear and tear and obsolescence excepted, as the condition and repair in which the Demised Premises and the Equipment are delivered to Tenant by Landlord at the commencement of the Term, and shall make all necessary repairs, renewals, replacements and alterations thereto, interior and exterior (whether except to the extent that Landlord's consent to any exterior repair, renewal, replacement or alteration is withheld), structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen including, in respect of the Equipment, supplying all service and parts and other items required for operation and maintenance thereof; provided, however, that (except to the extent necessary to comply with the provisions of Article 13) Tenant shall make no repairs, renewals, replacements or alterations to the exterior surfaces or treatments of the Improvements without the consent of the Landlord, which may be withheld in the sole discretion of the Landlord. Except as expressly set forth in Section 9.2, Section 10.2 or in the next succeeding sentence, the Landlord shall not be required to make or pay for any repairs or alterations in or to the need Demised Premises or the Equipment, the Tenant hereby assuming the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Demised Premises and the Equipment during the Term. Landlord agrees that if repairs to any of the surfaces or treatments of the exterior of the Improvements are necessary, and such repairs occurred or restoration are not covered by the property insurance required to be maintained under Article 8, and to the extent that Tenant shows by demonstrable evidence that the sum of the insurance proceeds under the property insurance coverage required to be maintained under Article 8, together with the amount of the deductible allowed hereunder in respect of such coverage, would have been (if such repairs or restoration had resulted from events or occurrences that are or would have been covered under such insurance) insufficient to repair or restore the exterior surfaces and treatments of the Improvements to the condition in which such surfaces and treatments are required to be maintained hereunder as a result of Lessee’s use, any prior use, the elements scarcity or the age unique characteristics of the Leased Propertymaterials and/or labor required to be incorporated in such restoration or repair, and if Landlord nonetheless requires that such surfaces and treatments be so restored or any portion thereof) repaired, Landlord shall reimburse Tenant for the additional costs of such restoration or repair over the costs of the restoration and (ii) repair of such surfaces and treatments that would have been covered by the proceeds of such insurance together with such deductible amount had such repairs or restoration resulted from events or occurrences that would have been covered by such insurance. The necessity for and adequacy of repairs to the extent Improvements and the Equipment pursuant to this Article 11 shall be measured by the standards which are generally appropriate for equipment and improvements of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, andthe same kind and character used in the Business, except that Landlord may require that the surfaces and treatments constituting the exterior of the Improvements be maintained in substantially the same condition and configuration as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to at the commencement of the Term Term. Nothing contained in this Section 11.1 shall modify the provisions of this Lease (concealed Articles 42 through 45, inclusive.
11.2. With respect to any lease of Leased Equipment pursuant to which Tenant has any option to extend or otherwise)renew the term thereof, purchase any or all of the property leased thereunder, or required by exercise any governmental agency having jurisdiction over other option, election or right with respect to such equipment, Tenant agrees to give notice to Landlord, not later than 60 days before the last day (the "Buy-Out Date") upon which such right, election or option may be exercised, of Tenant's decision with respect to each such option, election or right available to it. Tenant hereby acknowledges that Landlord will rely upon such notice from Tenant with respect to Tenant's exercise of any such election, option or right, and Tenant agrees to exercise, or refrain from exercising, as the case may be, each such election, option or right in accordance with Tenant's notice served upon Landlord. Tenant shall have the right at its sole cost and expense, to exercise any such option, election or right. Upon Tenant's obtaining clear title to any Leased Property, except as Equipment pursuant to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach exercise of any representation such election, option or warranty right, such Leased Equipment shall become solely the property of Tenant and Tenant may thereafter remove any such Leased Equipment from the Demised Premises at any time. If Tenant elects not to exercise any such option, election or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever right with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enactedLeased Equipment, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor Landlord shall have the right to giveexercise any such option, record and postelection or right, as appropriateand, notices of nonresponsibility under upon Landlord's obtaining clear title to such Leased Equipment, Landlord may remove such Leased Equipment from the Demised Premises without any mechanic’s lien laws now or hereafter existingpayment to Tenant.
(c) Nothing 11.3. The Tenant covenants not to alter or add new equipment or machinery to the Demised Premises so as to cause any overloading of the floors of any buildings contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services Demised Premises or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or electrical equipment therein contrary to the Leased Property applicable Certificate of Occupancy, Board of Fire Underwriters certificate or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereoflaw.
Appears in 1 contract
Maintenance and Repairs. 12.1 Landlord's Work. ---------------
(a) Lessee, at its sole expense, will keep Landlord shall repair and maintain or cause to be repaired and maintained the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment roof (including conduit and ductwarestructural portions only), exterior walls and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age other structural portions of the Leased Property, or any portion thereof) and (ii) to the extent Initial Building. The cost of damage caused all work performed by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of Landlord under this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, Section 12.1 shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) abovean Operating Expense hereunder, except to the extent such work (i) is required due to the negligence of damage caused by Lessee’s Landlord, (ii) is a capital expense not includible as an Operating Expense under Section 9.2 hereof, or (iii) is required due to the negligence or willful misconduct of Tenant or that of its agents, employees or agents, Lessor invitees (in which event Tenant shall be required to bear the full cost of maintaining any underground utilities and such work pursuant to the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfacesindemnification provided in Section 14.6 hereof). Except as set forth in the preceding sentence Tenant knowingly and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, voluntarily waives the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enactedLandlord's expense, except following default by Lessor under this Lease, to the extent of expressly set forth in Section 12.1(b), or to offset the cost thereof against rent, under any law, statute, regulation or ordinance now or hereafter in effect.
(b) If Landlord fails to perform any repairs (for which Lessor is obligated hereunder) or maintenance required to be made in order performed by Landlord under Section 12.1(a) and such failure continues for the Hotelthirty (30) days or more after Tenant gives Landlord written notice of such failure (or, if such repairs or maintenance cannot reasonably be performed within such 30-day period, then if Landlord fails to commence performance within such 30-day period and Lessee’s use thereofthereafter to pursue such performance diligently to completion), to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor then Tenant shall have the right to give, record perform such repairs or maintenance and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor Landlord shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or reimburse Tenant for the performance reasonable cost thereof within fifteen (15) days after written notice from Tenant of the completion and cost of such work, accompanied by copies of invoices or other reasonable supporting documentation. Under no circumstances, however, shall Tenant have any right to offset the cost of any labor or services or the furnishing of any materials such work against rent or other property for the construction, alteration, addition, repair or demolition of or charges falling due from time to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereoftime under this Lease.
Appears in 1 contract
Sources: Build to Suit Lease (Tularik Inc)
Maintenance and Repairs. Tenant
(a) Lesseeexcept as specifically set forth in section 5, shall, at its sole the Tenant's own expense, will take good care of the Premises, and the pipes, fixtures, appliances, equipment and appurtenances belonging thereto, and keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, same in good order and repair, except repairs (iif any) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be quality and class at least equivalent in quality equal to the original work. Lessee will not take or omit ; on default of Tenant to take any actiondo such work, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof Landlord (following required notice to Tenant and opportunity to cure) may do it for its Primary Intended Use.
Tenant's account, and Tenant shall have no claim for inconvenience on account thereof; (b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) aboveshall not cut or drill or otherwise deface or injure the building, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, permitted in connection with alterations and additions under Article 8 hereof; (c) shall not use or permit the use of the roof except as shall be expressly permitted in writing by Landlord, including, without limitation, for the installation thereon of any antenna, airlines, masts, or other radio or television equipment; (d) shall not, without the Landlord's prior written consent first obtained in each instance, permit any matter or thing to be extended or projected from the window sash, window sill, cornice or fire escape of the Premises; (e) shall, within ten (10) days after the Landlord's demand thereof, pay to Landlord as additional rent hereunder, an amount equal to the increase, if any, in the amount of the fire insurance premium applicable to the building for and during the demised term resulting from the Tenant's use and occupancy of the Premises in violation of the use permitted in this Lease, or to maintain from the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, Tenant's failure to comply with Lessee’s obligations under any requirements of law or the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance recommendation of any labor insurance carrier; (f) shall not, without the Landlord's prior written consent first obtained in each instance, make alteration or services addition to the electric wiring, equipment, or the furnishing of appliances, including, without limitation, any materials heating, air conditioning system, water systems, or other property gas pipe systems, or tap any mains or pipes to supply water for the constructionrefrigeration or air conditioning apparatus, alterationexcept as permitted in connection with alterations and additions under Article 8 hereof; (g) shall not, additionwithout Landlord's prior written consent first obtained in each instance, repair make any alterations, decorations or demolition of improvements in or to the Leased Property Premises, except as permitted in connection with alterations and additions under Article 8 hereof provided however, Landlord's consent to non-structural interior alterations or any part thereofdecorations shall not be unreasonably withheld; (h) shall comply with all reasonable and uniform written regulations and orders of Landlord designated to promote the safety or good order of the building; and (i) shall promptly discharge by filing the necessary bond, or (2) giving Lessee otherwise, any right, power mechanic's lien or permission to contract for or permit other lien filed against the performance Premises because of any labor work or services material done or famished to the furnishing Tenant. All alterations, additions or improvements made to the Premises by either party, including railings, galleries, decorations, paneling and similar items, unless Landlord shall otherwise elect in writing, shall become the property of any materials Landlord and be surrendered as part of the Premises at the expiration or other property in such fashion as would permit the making earlier termination of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofthis Lease.
Appears in 1 contract
Sources: Lease Agreement (Naviant Inc)
Maintenance and Repairs. (a) Lessee, at its sole expense, will keep Subject to the Leased Property, remainder of this Section 9 and all private roadwaysprovisions in this Lease relating to damage, sidewalks destruction, or condemnation of the Premises and curbs appurtenant thereto that are under Lessee’s controlto Tenant's indemnification of Landlord, including windows Landlord shall maintain, repair, replace and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, keep in good order order, condition and repair, except repair and at least the same condition as of the Effective Date (i) for ordinary wear and tear excepted) the foundation, the roof, any roof coverings, and exterior walls (excluding the interior and exterior finish surfaces of exterior walls, windows, window frames, and doors) of any building on the Premises. If Landlord shall be called on to make any such repairs occasioned by the negligent act or negligent failure to act by Tenant or Tenant's agents, servants, employees, contractors or subcontractors, or customers and other invitees or by reason of any use of the Premises by Tenant which is not normal wear and tear, the entire cost of such repair shall be borne by Tenant and be immediately due to Landlord as Rent. Except as provided above, it is intended by the Parties hereto that Landlord have no obligation, in any manner whatsoever, to repair and maintain the Premises, or the equipment therein, all of which obligations are intended to be that of Tenant. It is the intention of the Parties that the terms of this Lease govern the respective obligations of the Parties as to maintenance and repair of the Premises, and they expressly waive the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease. Landlord shall use reasonable efforts to cause any necessary repairs to be made promptly; provided, however, that Landlord shall have no liability whatsoever for any delays in causing such repairs to be made, including, without limitation, any liability for injury to or loss of Tenant's business, nor shall any delays entitle Tenant to any abatement of Rent or damages, or be deemed an eviction of Tenant in whole or in part. Subject to provisions in this Lease relating to damage, destruction, or condemnation of the Premises, Tenant shall, at Tenant's sole expense, keep the Premises in good order, condition, and repair (whether or not the need for such repairs occurred repair occurs as a result of Lessee’s Tenant's use, any prior use, the elements elements, or the age of such portion of the Leased PropertyPremises), including, but not limited to, all equipment or facilities, such as plumbing, heating, ventilating, air-conditioning, electrical, lighting facilities, boilers, pressure vessels, fire protection system, fixtures, interior walls, the interior and exterior finish surface of exterior walls, ceilings, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks, and parkways located in, on, or any portion thereof) and (ii) adjacent to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agentsPremises. Tenant, andin keeping the Premises in good order, except as otherwise provided in Subsection 9.1(b)condition, Article 14 or Article 15and repair, with reasonable promptnessshall exercise and perform good maintenance practices. Tenant's obligations shall include restorations, make all necessary and appropriate repairs replacements, or renewals when necessary to keep the Premises and all improvements thereto thereon or a part thereof in good order, condition, and state of every kind and naturerepair. Tenant shall, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of during the Term of this Lease Lease, keep the exterior appearance of the Premises in the same condition as it was on the Commencement Date consistent with the exterior appearance of other similar facilities of comparable age and size in the vicinity, including, when necessary, the exterior repair of the Premises. Tenant is responsible for removal of snow and ice from the Premises and any sidewalks adjacent to the Premises. If as a part of Tenant’s fulfillment of its obligations under this Section 9, any individual repair, improvement or replacement to the Premises is paid for by Tenant which costs in excess of One Thousand Dollars (concealed or otherwise$1,000.00), or required by any governmental agency having jurisdiction over Landlord shall reimburse Tenant for the Leased Property, except as to the structural elements cost of the Leased Improvements. Lesseerepair less the sum of (i) One Thousand Dollars ($1,000.00); provided, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor Landlord shall not be obligated to reimburse Tenant under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make this Section 9(c) for any repairs, replacements, alterationsor maintenance occasioned by or arising from any act or conduct of Tenant, restorations or renewals of any nature or description to the Leased Propertyits employees, whether ordinary or extraordinaryagents, foreseen or unforeseenassigns, or to make any expenditure whatsoever with respect theretoinvitees, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property licensees or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit and all persons on the performance Premises as a result of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion Tenant’s occupation thereof.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. (a) Lessee, at its sole expense, will keep The Mural shall remain on the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment Wall for a three (including conduit and ductware3) year period following the Completion Date (the “Maintenance Period”), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) aboveDuring the Maintenance Period, except the District shall remain responsible for repairs to damage to the extent of damage Wall caused by Lessee’s negligence leaching or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existingscaling.
(c) Nothing contained During the Maintenance Period, the Society shall:
(i) inspect the Mural at least quarterly and will at all times repair and maintain the Mural in this Lease a good and no action clean condition; and
(ii) without limiting paragraph (i), If the District considers at any time that the Mural requires repairs, including but not limited to damage caused by peeling or inaction by Lessor fading paint, tagging, or events of vandalism, the District shall notify the Society in writing and the Society shall, at its sole cost and expense, cause repairs to be construed as completed within ninety (190) constituting the request of Lessor, expressed or implieddays, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance satisfaction of any labor or services or the furnishing of any materials or other property for District. If the construction, alteration, addition, repair or demolition of or Society does not complete the repairs to the Leased Property Mural to the satisfaction of the District, the District may, at its sole discretion, effect the repairs to the Mural or any part thereofotherwise remove the Mural.
(d) The District and the Occupants shall not deface, damage, alter, destroy, or directly obstruct the visibility of the Mural during the Maintenance Period.
(2e) giving Lessee Notwithstanding the foregoing section 9(d), the District and the Occupants may deface, damage, alter, destroy or directly obstruct the visibility of the Mural if the District notifies the Society in writing ninety (90) days in advance that the District intends to do any rightof the following prior to the expiry of the Maintenance Period:
(i) Sell the Lands;
(ii) Demolish the Building; or
(iii) Paint over the Mural, power or permission and upon the Society’s receipt of the District’s written notice pursuant to contract for or permit this section 9(e), this Agreement shall terminate and the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor Society shall have no further maintenance obligations in respect thereof or to make of the Mural. The Society is not entitled to, and irrevocably waives and releases the District from, any agreement that may create, or in any way be the basis and all claims for any rightdamages or compensation for costs incurred, titleloss of profit or loss of opportunity, interest, lien, claim directly or other encumbrance upon the estate indirectly arising out of Lessor in the Leased Property, or any portion thereoftermination of this Agreement.
Appears in 1 contract
Sources: Public Art Agreement
Maintenance and Repairs. (a) Lessee11.1 Landlord shall not be obligated to perform any service or to repair or maintain any structure or facility on the Premises except as provided in this Section 11 and Section 14 of this Lease, at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage unless caused by Lessor’s gross the negligence or willful misconduct or that of Landlord, its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 customers or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvementscontractors. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor Landlord shall not under be obligated to provide any circumstances be required to build service or rebuild any improvement on the Leased Property, maintenance or to make any repairsrepairs pursuant to this Lease when such service, replacementsmaintenance or repair is made necessary because of the negligence or misuse of Tenant, alterationsTenant's agents, restorations employees, servants, contractors, subtenants or renewals of licensees. Landlord shall have no responsibility or liability for failure to supply any nature services or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, maintenance or to make any expenditure whatsoever with respect repairs on the Premises. Landlord shall not be liable for any loss or damage to persons or property sustained by Tenant or other persons, which may be caused by the Driving Range or the Premises, or any appurtenances thereto, in connection with this Leasebeing out of repair or by bursting or leakage of any water, gas, sewer or steam pipe, or by theft, or by any act or neglect of any occupant of the Premises, or of any other person.
11.2 Except as provided for elsewhere herein, Tenant shall keep and maintain in good order, condition and repair (including any such replacement and restoration as is required for that purpose) the Premises, the Driving Range and every part thereof and any and all appurtenances thereto wherever located, including, without limitation, all repairs and replacements, structural and nonstructural, foreseen and unforeseen, which are necessary to maintain and preserve the Leased Property Driving Range and the Premises in any waygood condition. Lessee hereby waives, to the extent permitted by law, the right to make All repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to shall be made in order for the Hotelaccordance with all laws, promptly, efficiently, and Lessee’s use thereofin good workmanlike manner. Tenant shall also keep and maintain in good order, to comply with Lessee’s obligations under condition and repair (including any such replacement and restoration as is required for that purpose) any Improvements, special equipment, furnishings, fixtures or facilities installed by it on the Franchise Agreement and the Management AgreementPremises. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.SECTION 12
Appears in 1 contract
Maintenance and Repairs. (a) Lessee, Lessee shall be responsible for all routine cleaning and daily care required at its sole expense, will keep the Leased PropertyPremises, and shall pay any and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware)costs related thereto. Certain predetermined utilities costs may be added to the monthly lease payment, and non-load bearing interior wallssaid costs shall be determined according to attached Appendix A. Except for capital repairs and replacements and maintenance of the boiler as set forth below, all other costs shall be the exclusive responsibility of the Lessee. The Premises shall at all times be maintained in a substantially similar aesthetic manner as exists on the date hereof, reasonable use and wear and damage by fire or other casualty or condemnation excepted, and parking lot surfacesin any event free of all debris and any graffiti. Lessee may make improvements, alterations, additions or installations (“Alterations”) and conduct testing in good order and repairor to the Premises with Lessor’s prior written consent, except which consent shall not be unreasonably withheld, delayed or conditioned. The foregoing notwithstanding, the Lessor hereby consents to: (i) for ordinary wear any cosmetic Alterations (such as painting, carpeting or wall papering) made from time to time by Lessee in and tear (whether or not to the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) Premises; and (ii) any Alterations made from time to time by Lessee in and to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary Premises which individually cost no more than Ten Thousand and appropriate repairs replacements, 00/100 Dollars ($10,000.00) and improvements thereto of every kind do not materially and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to adversely impact the structural elements of the Leased ImprovementsPremises. LesseeNotwithstanding anything to the contrary contained in this Lease, however, Lessee shall not be obligated to make any improvements to the Premises or to alter the Premises in any way from their condition at the commencement of the Lease. Lessor shall be permitted to prosecute claims against Lessor’s predecessors in title responsible for breach the costs and performance of any representation and all necessary or warranty required capital repairs or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, replacements to the extent reasonably achievablePremises during the Term including all building systems, be at least equivalent in quality roof, skin and windows of the Premises. In addition, and notwithstanding anything to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agentscontrary contained herein, Lessor shall be required to bear responsible for the cost of maintaining any underground utilities maintenance and the structural elements repair of the Leased Improvementsboiler system at the Premises, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description unless such maintenance is due to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. negligence of Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereofparty claiming by, through or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofunder Tenant.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. (a) Lessee, at its sole expense, will keep the Leased PropertyExcept for customary cleaning and trash removal provided by Landlord under Article 6, and all private roadwayscasualty damage to be repaired by Landlord under Article 11, sidewalks Tenant shall keep and curbs appurtenant thereto that are under Lessee’s control, including windows maintain (or cause to be kept and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, maintained) the Premises in good and sanitary condition, working order and repair, except in compliance with all applicable Laws as described in Article 7, and as required under other provisions of this Lease, including the Rules (including any carpet and other flooring material, paint and wall-coverings, doors, windows, ceilings, interior surfaces of walls, lighting (including lamps, bulbs, ballasts and starters), plumbing and other fixtures, alterations, improvements, systems and equipment in or exclusively serving the Premises whether installed by Landlord or Tenant). In the event that any repairs, maintenance or replacements are required, Tenant shall promptly notify Landlord and arrange for the same either: (i) for ordinary wear and tear (whether or not the need through Landlord for such reasonable charges as Landlord may establish from time to time, payable within ten (10) days after billed, or (ii) at Landlord’s option, by engaging such contractors as Landlord shall first designate or approve in writing to perform such work, all in a first class, workmanlike manner approved by Landlord in advance in writing and otherwise in compliance with Article 9 respecting “Work”. Tenant shall promptly notify Landlord concerning the necessity for any repairs occurred or other work hereunder and upon completion thereof. Tenant shall pay Landlord for any repairs, maintenance and replacements to areas of the Property outside the Premises, caused, in whole or in part, as a result of Lessee’s usemoving any furniture, any prior use, the elements or the age of the Leased Propertyfixtures, or any portion thereof) and other property to or from the Premises, or otherwise by Tenant or its employees, agents, contractors, or visitors (ii) notwithstanding anything to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided contrary contained in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfacesLease). Except as set forth provided in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Propertysentence, or to make any repairsfor damage covered under Article 11, replacements, alterations, restorations or renewals Landlord shall keep the common areas of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waivesgood and sanitary condition, to working order and repair (the extent permitted by law, the right to make repairs at the expense cost of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property included in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofExpenses).
Appears in 1 contract
Sources: Office Lease (Pixelworks Inc)
Maintenance and Repairs. (a) LesseeSection 11.1 Tenant shall, throughout the term of this lease, at its Tenant's sole cost and expense, will keep maintain in good and lawful order, condition and repair the Leased Propertynon-structural portions of the Demised Premises and the parking area, and all private roadwayslawn, sidewalks and curbs appurtenant adjacent thereto; and Tenant shall not commit or suffer any waste with respect to the Demised Premises. Except for Landlord's Obligations, Tenant shall promptly make all non-structural repairs, interior and exterior, ordinary as well as extraordinary, foreseen as well as unforeseen, necessary to keep the Demised Premises, the Building Equipment and the parking area, lawn, sidewalks and curbs adjacent thereto that are in good and lawful order and condition and said repairs shall be at least equal in quality and class to the condition existing on the date hereof. When used in this Article, the term "repairs" as applied to Building Equipment shall include normal maintenance and replacement of parts but shall not include major repairs or replacements which shall be the obligation of Landlord. If any Building Equipment shall be removed, Tenant shall promptly replace the same with other equipment, not necessarily of the same character but of at least equal utility and value. The 168 provisions and conditions of Article 14 shall apply to repairs required to be done by Tenant under Lessee’s controlthis Article. Tenant shall keep and maintain all portions of the Demised Premises and the parking area, including windows lawn, curbs and plate glasssidewalks adjoining the Demised Premises in a clean and orderly condition, mechanicalfree of accumulation of dirt, electrical rubbish, snow and plumbing systems ice and Tenant shall not permit or suffer any overloading of the floors of the Building. Except as otherwise provided in Article 20, nothing herein contained shall be construed to prevent Tenant, any Subtenant or other occupant claiming under or through Tenant from removing from the Demised Premises its trade fixtures, signs, furniture and equipment (including conduit and ductwareother than Building Equipment), on the condition, however, that such removal shall be done without cost or expense to Landlord. Tenant hereby agrees to promptly repair or cause to be repaired any and non-load bearing interior wallsall damage to the Demised Premises resulting from or caused by such removal.
Section 11.2 Landlord shall, through the term of the Lease make all reasonably necessary structural repairs to the Building and parking lot surfacesmajor repairs or replacements to the Building including the sidewalk adjacent thereto and major repairs or replacements to the Building Equipment.. In addition, Landlord will make any capital improvements to the Demised Premises which are required in good order and repairconnection with (a) removal of any Hazardous Materials which exist in the Demised Premises on the date hereof, except (ib) for ordinary wear and tear the removal of any violations of record which have been noted against the Demised Premises or the Building (whether c) necessary to provide access to or not use of the need for Demised Premises by Tenant under the circumstances where such repairs occurred access or use has been denied to Tenant as a result of Lessee’s use, the failure of Landlord to perform any prior use, of Landlord's obligations and (d) necessary for the elements or the age safety of Tennant and its employees and ▇▇▇ ▇▇e preservation of the Leased Property, or any portion thereof) and (ii) Tennant's property..
Section ▇▇.▇ ▇▇▇withstanding anything to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agentscontrary contained in Section 11.1, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, no event shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or Tenant have liability for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take conditions or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Usematters constituting Landlord's Obligations.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.
Appears in 1 contract
Sources: Asset Purchase Agreement (American Coin Merchandising Inc)
Maintenance and Repairs. Except for customary cleaning and trash removal provided by Landlord under Article 6, or casualty damage to be repaired by Landlord under Article 11, Tenant shall keep and maintain (aor cause to be kept and maintained) Lessee, at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, Premises in good and sanitary condition, working order and repair, except in compliance with all applicable Laws as described in Article 7, and as required under other provisions of this Lease, including the Rules (including any carpet and other flooring material, paint and wall-coverings, doors, windows, ceilings, interior surfaces of walls, lighting, plumbing and other fixtures, alterations, improvements, and systems and equipment in or exclusively serving the Premises whether installed by Landlord or Tenant). In the event that any repairs, maintenance or replacements are required, Tenant shall promptly notify Landlord and arrange for the same either: (i) for ordinary wear and tear (whether or not the need through Landlord for such reasonable charges as Landlord may establish from time to time, payable within fifteen (15) days after billing, or (ii) at Landlord's option, by engaging such contractors as Landlord shall first designate or approve in writing to perform such work, all in a first class, workmanlike manner approved by Landlord in advance in writing and otherwise in compliance with Article 9 respecting "Work". Tenant shall promptly notify Landlord concerning the necessity for any repairs occurred or other work hereunder and upon completion thereof. Tenant shall pay Landlord for any repairs, maintenance and replacements to areas of the Property outside the Premises caused, in whole or in part, as a result of Lessee’s usemoving any furniture, any prior use, the elements or the age of the Leased Propertyfixtures, or any portion thereof) and other property to or from the Premises, or otherwise by Tenant or its employees, agents, contractors, or visitors (ii) notwithstanding anything to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided contrary contained in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfacesLease). Except as set forth provided in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Propertysentence, or to make any repairsfor damage covered under Article 11, replacementsLandlord shall keep the exterior walls, alterationsroof, restorations or renewals structure, Systems and Equipment, and common areas of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waivesgood and sanitary condition, working order and repair (the cost of which shall be included in Expenses to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofdefinition thereof in Article 30) and in compliance with all applicable Laws.
Appears in 1 contract
Sources: Office Lease (Ydi Wireless Inc)
Maintenance and Repairs. (a) Lessee, at its sole expense, will 8.1 Landlord agrees to keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair the foundations of the Premises and the exterior roof during the term of the Lease and any extended Option period. Landlord also agrees to provide Tenant a one (1) year warranty as set forth in Paragraph 9 of Exhibit “C” attached hereto. and to perform the repairs set forth in Exhibit “B” attached hereto, prior to the Rent Commencement Date of the Lease. Landlord is not obligated to make any other repairs or alterations to the Premises.
8.2 Subject to the provisions of Paragraph 8.1 and paragraph 9 of Exhibit “C” attached hereto, Tenant shall keep the Premises and every part thereof, structural or non-structural, in good order, condition and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred occurs as a result of LesseeTenant’s use, any prior use, the elements or the age of such portion of the Leased PropertyPremises, including without limiting the generality of the foregoing; all work done by Landlord under Paragraph 8.1, all plumbing, heating, air conditioning, ventilating, electrical lighting facilities (excluding Building’s main electrical panel) and equipment from time to time within the Premises, fixtures, walls (interior and exterior), floors, windows, doors, plate glass and sky lights located within the Premises. Tenant shall also keep, maintain and repair all alterations, additions, or any portion thereof) and (ii) improvements to the extent of damage caused Premises made by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except Tenant as otherwise provided in Subsection 9.1(b)Article 9 (Alterations and Improvements) hereof Tenant shall be responsible for obtaining and maintaining a service and repair contract for the air conditioning unit, Article 14 or Article 15if any, with reasonable promptnessservicing the Premises, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to which responsibility shall continue throughout the commencement of the Term existence of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended UseLease.
(b) Notwithstanding Lessee8.3 If Tenant fails to perform Tenant’s obligations under Subsection 9.1(a) abovethis Article 8, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of Landlord may, at its employees or agents, Lessor option (but shall not be required to bear enter upon the Premises after thirty (30) days’ prior written notice to Tenant of the specific failure of Tenant under this Article 8, and provided that Tenant has not theretofore cured such failures, put the same in good order, condition and repair, and the cost thereof, with an overhead surcharge of maintaining ten (10%) percent of such cost, shall become due and payable as additional rental to Landlord together with Tenant’s next rental installment.
8.4 Except for the obligations of Landlord under Article 16 (Damage, Destruction and Restoration) and Article 26 (Condemnation, Eminent Domain), it is intended by the parties hereto that Landlord shall have no obligation in any underground utilities manner, whatsoever, to repair and maintain the Premises, nor any buildings or improvements located thereon, nor the equipment therein, whether structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and or non-load bearing wallsstructural, and parking lot surfaces)all of which obligations are those of Tenant under this Lease. Except as set forth in Tenant expressly waives the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals benefit of any nature statute now or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, hereafter in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, 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 repair. Tenant waives the provisions of Civil Code 1941 et. seq. and 1942 et. seq. or any similar, successor or related provisions of the law with respect to Landlord’s obligations for tenantability of the Premises, and Tenant’s right to make repairs and deduct the expense of Lessor, pursuant to any law in effect at such repairs from the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have rent.
8.5 Tenant has the right to givecontest by appropriate judicial or administrative proceedings, record and postwithout cost or expense to Landlord, as appropriatethe validity or application of any law, notices ordinance, order, rule, regulation or requirement imposed by any governmental authority (hereinafter called “law”) that the Premises be repaired, maintained, altered, or the leasehold improvements be replaced in whole or in part, or that would affect Tenant’s use of nonresponsibility under any mechanic’s lien laws now the Premises. In the event that such contest is finally determined in a manner adverse to Tenant, Tenant shall undertake such repairs, maintenance, alterations, or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor replacements to or for of the performance Premises as is required by such law. Tenant agrees to indemnify and hold Landlord harmless from and against any and all liability that Landlord may sustain by reason of Tenant’s failure or delay in complying with the law. Landlord may, but is not required to, contest any such law independently of Tenant. Landlord may, and on Tenant’s notice or request shall, join in Tenant’s contest. Rent shall not ▇▇▇▇▇ during the period of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofcontest.
Appears in 1 contract
Sources: Lease (Wilshire Bancorp Inc)
Maintenance and Repairs. (a) Lessee, 7.1 By taking possession of the Premises Tenant agrees that the Premises are then in a good and tenantable condition. Tenant at its sole Tenant’s expense, will keep shall repair and maintain the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s controlPremises, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing the interior walls, floor coverings, ceiling (ceiling tiles and parking lot surfacesgrid), Tenant Improvements and Alterations, fire extinguishers, the portion of Building Systems exclusively serving the Premises (e.g., electrical outlets and fixtures, dedicated HVAC equipment, distribution systems and registers), Tenant’s private elevator serving the first and second floors of the Premises, and any appliances (including dishwashers, hot water heaters and garbage disposers) in the Premises, in a good order and repair, except condition (i) for ordinary wear and tear (whether excepted), and keep the Premises in a clean, safe and orderly condition.
7.2 Landlord shall maintain or not the need for such repairs occurred as a result of Lessee’s usecause to be maintained in reasonably good order, any prior usecondition and repair, the elements or the age structural portions of the Leased Propertyroof, or any portion thereof) foundations, floors and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement walls of the Term of this Lease Building, (concealed or otherwisecollectively, the “Structural Elements”), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee; provided, however, that Tenant shall be permitted to prosecute claims against Lessor’s predecessors in title for breach pay the cost of any representation or warranty or maintenance, repairs and replacements for any latent defects in damage occasioned by Tenant’s use of the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shallPremises or the Project or any act or omission of Tenant or Tenant’s Representatives or Visitors, to the extent reasonably achievablenot covered by the proceeds of Landlord’s property insurance, except for normal wear and tear and aging of the Building. The cost of maintenance of and non-structural repairs to Structural Elements shall be at least equivalent included in quality Operating Costs (to the original workextent set forth in Section 3.2 of this Lease), but capital costs for structural repairs to and replacements of Structural Elements shall not be included in Operating Costs. Lessee will not take Landlord shall also maintain or omit caused to take any actionbe maintained in reasonably good order, condition and repair, the taking or omission Common Areas and the non-structural components of the Building (including the roof; windows; unexposed electrical, plumbing and sewage systems, including, without limitation, those portions of the systems lying outside the Premises; HVAC and other Building Systems; and utilities and building standard lamp replacement on a scheduled basis) that are not Tenant’s responsibility under section 7.1 (“Non-Structural Components”), the cost of which might materially impair shall be included in Operating Costs (to the value extent set forth in Section 3.2 of this Lease). The capital cost for capital repairs or the usefulness replacements of any part of the Leased Property Common Areas and Non-Structural Components shall be amortized and included in Operating Costs (to the extent set forth in Section 3.2 of this Lease). 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 obligations under this Lease:
(a) To make alterations, additions, repairs, improvements to or in or to decrease the size of area of, all or any part thereof for its Primary Intended Use.of the Building, the fixtures and equipment therein, and the Building Systems;
(b) Notwithstanding LesseeTo change the Building’s obligations under Subsection 9.1(a) above, except name or street address to the extent of damage caused required by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear Laws;
(c) To install and maintain any and all signs on the cost of maintaining any underground utilities exterior and the structural elements interior of the Leased ImprovementsBuilding;
(d) To reduce, including exterior walls increase, enclose or otherwise change at any time and from time to time the roof size, number, location, lay-out and nature of the Hotel Common Areas (but excluding windows including the Parking Facility) and plate glass, mechanical, electrical other tenancies and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth premises in the preceding sentence Property and/or Project and in Section 10.5, Lessor shall not under to create additional rentable areas through use or enclosure of common areas; and
(e) If any circumstances be required governmental authority promulgates or revises any Law or imposes mandatory or voluntary controls or guidelines on Landlord or the Project relating to build the use or rebuild any improvement conservation of energy or utilities or the reduction of automobile or other emissions or reduction or management of traffic or parking on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs Project (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereofcollectively “Controls”), to comply with Lessee’s obligations under such Controls, whether mandatory or voluntary, or make any alterations to the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existingProject related thereto.
(cf) Nothing contained In exercising its rights under this Section 7.3, Landlord agrees to use commercially reasonable efforts to minimize any interruption to or disruption of Tenant’s use of the Premises, Tenant’s parking rights, Tenant’s signage rights, and Tenants access to the Premises as the same are expressly set forth in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofLease.
Appears in 1 contract
Maintenance and Repairs. (a) LesseeBorrower, at its sole expensecost and subject to Bank's satisfaction, will keep the Leased Propertyshall make all repairs, renewals, replacements, servicing and all private roadways, sidewalks and curbs appurtenant thereto reconstruction that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, necessary to maintain the Mortgaged Property in good order order, condition and repair. Immediately following the occurrence of any casualty or other loss, except Borrower promptly will undertake all restoration required or desirable and will pursue it diligently to completion. The foregoing shall be accomplished by the Bank funding the insurance proceeds it receives from the insurer to the Borrower under the terms and conditions of the Loan Agreement for the construction of individual Units. Borrower shall (i) for ordinary wear and tear (whether not strip, waste, remove or not the need for such repairs occurred as a result of Lessee’s use, demolish any prior use, the elements or the age portion of the Leased Mortgaged Property, nor suffer or permit any portion thereof) and such action; (ii) to the extent of damage caused by Lessor’s gross negligence promptly comply with all laws, governmental regulations and public or willful misconduct private restrictions or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise)easements, or required by any governmental agency having jurisdiction over the Leased Propertyboth, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in kind affecting the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Mortgaged Property or requiring any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence alterations or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required improvements to be made thereon, and (iii) not commit, suffer or permit any act upon the Mortgaged Property in order violation of any law, subject to Borrower's right' to contest the same in good faith to conclusion, as provided in paragraph 8 of this Mortgage. If any public agency or authority requires or commences any proceedings for the Hoteldemolition or removal, and Lessee’s use thereofor both, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor improvements or services portions thereof comprising the Mortgaged Property due to non-compliance with health, safety, fire or building codes, then, unless Borrower undertakes to contest such action in the furnishing of manner provided in paragraph 8 above and pursues such contest to a successful conclusion, such action will constitute a Default under this Mortgage. Borrower will not, without Bank's prior written consent, (i) make any materials material alterations, additions or other property for the construction, alteration, addition, repair or demolition improvements of or to the Leased Mortgaged Property unless required by the Loan Agreement; (ii) make any material change in the general nature of the use or occupancy of the Mortgaged Property; (iii) institute or join or acquiesce in any part thereofaction to change the existing zoning or land use classification of the Mortgaged Property, or (2iv) giving Lessee grant easements or licenses affecting the use or operation of the Mortgaged Property. Bank and any rightpersons authorized by Bank may enter the Mortgaged Property at all reasonable times without prior notice for inspections or for any other lawful purpose. If Borrower fails to comply with the requirements of this paragraph, power then Bank, without waiving the option to foreclose, may take some or permission all measures Bank reasonably deems necessary or desirable for the maintenance, repair, preservation or protection of the Mortgaged Property, and any expenses reasonably incurred by Bank in so doing shall become part of the Debt secured hereby, and shall, at the option of Bank, become immediately due and payable, and shall bear interest at the Default Rate specified in the Note. Bank shall have no obligation to contract care for or permit maintain the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Mortgaged Property, or, having taken some measures therefor, to continue same or any portion thereoftake other measures.
Appears in 1 contract
Maintenance and Repairs. (a) LesseeDuring the Term, Tenant, at its sole Tenant’s expense, will keep shall repair and maintain the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s controlPremises, including windows the interior walls, floor coverings, ceiling (ceiling tiles and grid), windows, Tenant Improvements, Alterations, electrical systems installed by Tenant, HVAC systems installed by Tenant, power exhaust systems, locks and keys, plate glass, mechanicalfire extinguishers, electrical outlets and fixtures, and any plumbing systems and equipment appliances (including conduit dishwashers, hot water heaters and ductware)garbage disposers) in the Premises, in a first class condition, and non-load bearing interior wallskeep the Premises in a clean, safe and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Useorderly condition.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) aboveLandlord shall maintain or cause to be maintained in first class order, except to condition and repair, the extent structural portions of damage caused by Lessee’s negligence or willful misconduct or the roof, foundations, slabs and exterior and load-bearing walls of the Building, the Building Systems, and the Common Areas; provided, however, that of its employees or agents, Lessor Tenant shall be required to bear pay the cost of maintaining repairs for any underground utilities and the structural elements damage occasioned by Tenant’s use of the Leased Improvements, including exterior walls and Premises or the roof Project or any act or omission of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build Tenant or rebuild any improvement on the Leased Property, Tenant’s Representatives or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waivesVisitors, to the extent permitted (if any) not covered by lawinsurance. 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 right 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 the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lesseeits landlord’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existingexpense.
(c) Nothing contained in 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 and no action or inaction by Lessor shall be construed as otherwise releasing Tenant from any of Tenant’s obligations under this Lease:
(1i) constituting To construct additional buildings or other improvements on the request of LessorLand;
(ii) To make alterations, expressed or impliedadditions, to any contractorrepairs, subcontractor, laborer, materialman or vendor improvements to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of in or to decrease the Leased Property size of area of, all or any part thereofof the Project, the Building, the fixtures and equipment therein, or the Building Systems; provided, however, that Landlord shall not alter the Premises;
(2iii) giving Lessee any right, power To change the name or permission to contract for or permit street address of the performance of any labor or services Project or the furnishing Building or change the space or suite number of the Premises;
(iv) To install, affix and maintain any materials and all signs on the exterior and interior of the Building or anywhere else in or on the Project;
(v) To reduce, increase, enclose or otherwise change at any time and from time to time the size, number, location, layout and nature of the 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 property in emissions or reduction or management of traffic or parking on the Project (collectively “Controls”), to comply with such fashion as would permit the making of any claim against Lessor in respect thereof Controls, whether mandatory or to voluntary, or make any agreement that may create, or in any way be alterations to the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofProject related thereto.
Appears in 1 contract
Sources: Lease Agreement (Tercica Inc)
Maintenance and Repairs. (a) Lessee8.1 Tenant, at its Tenant’s sole cost and expense, will shall promptly make all repairs and replacements, and perform all maintenance, in and to the Premises to keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, Premises in good order operating condition and repair, except (i) for in a clean, safe and tenantable condition, well-ventilated and moisture controlled, and otherwise in accordance with all Laws and the requirements of this Lease. Tenant shall likewise maintain all fixtures, furnishings and equipment located in, or exclusively serving, the Premises and make all required repairs and replacements thereto, subject to ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lesseetear. Tenant shall also maintain, repair and replace, at Tenant’s use, any prior usesole cost and expense, the elements Tenant Items and shall keep in force customary maintenance and service contracts therefor. Tenant shall give Landlord prompt written notice of any defects or damage to the age of the Leased Propertystructure of, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence equipment or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any actionfixtures in, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property Building or any part thereof, or (2) giving Lessee any rightmold or moisture condition, power of which Tenant has knowledge. The foregoing shall not apply to any necessary repair, replacement or permission maintenance to contract for the Premises resulting from any injury or permit damage to, or failure of Landlord to maintain, the performance Building Structure and Systems. Tenant shall suffer no waste or injury to any part of the Premises, and shall, at the expiration or earlier termination of the Lease Term, surrender the Premises in broom clean condition, subject to ordinary wear and tear and as otherwise provided in Article XIII or Article XVII. Except as otherwise provided in Article XVII, all injury, breakage and damage to the Premises and to any other part of the Building or the Land caused 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 labor such injury, breakage or services or damage within a reasonable period (not to exceed ten (10) days) following Tenant’s receipt of notice from Landlord, then Landlord shall have the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or right at Landlord’s option to make any agreement such repair and to charge Tenant for all costs and 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 may createif 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 operate the Building in a first class manner and shall keep the Building Structure and Systems, clean and in good working order and operating condition and, promptly after becoming aware of any item needing repair or in any way replacement, will make such repair or replacement. Except as otherwise provided herein: (a) maintenance and repair of all Tenant Items shall be the basis for sole responsibility of Tenant and shall be deemed not to be a part of the Building Structure and Systems; and (b) Landlord shall have no obligation to make any right, title, interest, lien, claim repairs whatsoever brought about by any act or other encumbrance upon the estate omission of Lessor in the Leased Property, Tenant or any portion thereofAgent.
Appears in 1 contract
Sources: Office Lease Agreement (Savient Pharmaceuticals Inc)
Maintenance and Repairs. Except for customary cleaning and trash removal provided by Landlord under Article 6, casualty damage to be repaired by Landlord under Article 11, Tenant shall keep and maintain (aor cause to be kept and maintained) Lessee, at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, Premises in good and sanitary condition, working order and repair, except in compliance with all applicable Laws as described in Article 7, and as required under other provisions of this Lease, including the Rules (including any carpet and other flooring material, paint and wall-coverings, doors, windows, ceilings, interior surfaces of walls, lighting, plumbing and other fixtures, alterations, improvements, and special HVAC and other systems and equipment in or exclusively serving the Premises whether installed by Landlord or Tenant). In the event that any repairs, maintenance or replacements are required, Tenant shall promptly arrange for the same either: (i) for ordinary wear and tear (whether or not the need through Landlord for such repairs occurred reasonable charges as a result of Lessee’s useLandlord may establish from time to time, any prior use, the elements or the age of the Leased Propertypayable within thirty (30) days after billing, or any portion thereof) and (ii) by engaging such contractors as Landlord shall first designate or approve in writing (such approval not to be unreasonably withheld, conditioned or delayed) to perform such work, all in a first class, workmanlike manner approved by Landlord in advance in writing (such approval not to be unreasonably withheld, conditioned or delayed) and otherwise in compliance with Article 9 respecting "Work". Tenant shall pay Landlord for any repairs, maintenance and replacements to areas of the Property outside the Premises caused, in whole or in part, as a direct result of moving any furniture, fixtures, or other property to or from the Premises, or otherwise by Tenant or its employees, agents, contractors, or visitors (notwithstanding anything to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided contrary contained in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfacesLease). Except as set forth provided in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Propertysentence, or to make any repairsfor damage covered under Article 11, replacementsLandlord shall keep the roof, alterationsstructure, restorations or renewals Systems and Equipment, and common areas of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waivesgood and sanitary condition, working order and repair (the cost of which shall be included in Expenses to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofdefinition thereof in Article 30).
Appears in 1 contract
Maintenance and Repairs. (a) LesseeSubject to the terms hereof, at its sole expense, will keep the Leased Property, Landlord shall promptly make all repairs and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfacesreplacements necessary, in good order and repairLandlord's discretion, except to maintain or promptly restore (i) for ordinary wear all building systems including plumbing, heating, ventilating, air conditioning and tear electrical systems (including the light fixtures of Tenant); (ii) roof, interior and exterior walls, windows, floors (except carpeting) and all other structural portions of the Building (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of including the Leased PropertyPremises), or any portion thereof) in good repair and (ii) operating condition and in order and appearance appropriate for a building of similar type. Landlord shall also be responsible for the maintenance of all Common Areas. In no event shall Landlord be obligated under this paragraph to the extent of repair damage caused by Lessor’s gross (1) any act, omission, accident or negligence of Tenant or willful misconduct or that of its employees or employees, agents, andinvitees, except as otherwise provided in Subsection 9.1(b)licensees, Article 14 subtenants, or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior contractors or exterior ordinary (2) any alterations or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior additions to the commencement Leased Premises or the Building made by Tenant without the prior written consent of Landlord (which consent shall be deemed given with respect to all of the Term of this Lease (concealed or otherwiseinitial Tenant Finish Work), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) aboveTenant shall, at its sole cost and expense, provide customary routine maintenance for the Leased Premises and the fixtures therein and keep them in neat and orderly condition, wear and tear and damage by fire or other casualty excepted. Tenant shall otherwise maintain the Leased Premises except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel provided in paragraph (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereundera) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existingabove.
(c) Nothing contained in this Lease and no action or inaction by Lessor Landlord shall not be construed as (1) constituting the request of Lessor, expressed or implied, to liable for any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit interference with Tenant's business arising from the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor repairs in the Leased Property, Premises under paragraph (a) above. Landlord shall use its best efforts not to interfere with the operation of Tenant's business when making repairs in the Leased Premises. There shall be no abatement of Base Rent or any portion thereofAdditional Rent because of such repairs.
Appears in 1 contract
Maintenance and Repairs. (a) Lessee, 12.1 The Lessee shall at its sole expense, will keep his own expense and without recourse to the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, Lessor
12.1.1 throughout the Lease Period maintain in good order and condition the interior of the Premises and all parts thereof, including (without limitation of the generality of this obligation) all windows, doors, appurtenances, fixtures and fittings contained in the Premises;
12.1.2 promptly repair or make good all damage occurring in the Premises from time to time during the Lease Period, whatever the cause of such damage, and including damage to any part of the interior of the Premises or to any window, door, appurtenance, fixture or fitting, and replace all such items (as well as any keys) which have been broken, lost or destroyed (again regardless of cause); and
12.1.3 on the termination of this lease, howsoever and whenever it terminates, return the Premises and all such parts thereof (including all keys) to the Lessor in good order, condition and repair, except (i) for ordinary fair wear and tear excepted.
12.2 If the Lessee notifies the Lessor in writing within (whether or not specify) days after having taken possession of the Premises of the need for such any repairs occurred as a result to or in the Premises or of Lessee’s usethe fact that any part of the Premises, including any prior uselock, key, door, window, appurtenance, fixture or fitting, is damaged, missing, or out of order, the elements Lessor shall promptly cause the necessary repair or replacement to be effected at the age Lessor’s own expense. If or in so far as the Lessee does not give such notice, the Lessee shall be deemed to have acknowledged that the Premises and all parts thereof were intact, in place, and in good order, condition, and repair when the Lessee took possession of the Leased PropertyPremises under this lease.
12.3 The Lessor shall be responsible for the maintenance of, and for all repairs and replacements becoming necessary from time to time in or any portion thereof) to, the Building and (ii) to all parts thereof other than those which are the extent responsibility for the time being of damage caused by tenants or of the local authority, and the Lessor’s gross negligence or willful misconduct or that obligations in this respect shall include the maintenance and repair of the structure of the Building, all systems, works and installations contained therein, the roofs, the exterior walls, the lifts, the grounds and gardens, and all other common parts of the Property.
12.4 The Lessor shall not, however, be in breach of clause 12.3 in so far as any of its employees obligations thereunder are not or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising cannot be fulfilled by reason of a condition existing prior to any vis maior or the commencement acts or omissions of others over whom the Term of this Lease (concealed Lessor has no direct authority or otherwise)control, or required by any governmental agency having jurisdiction over and where the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors Lessor is indeed in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any actionclause 12.3, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to only remedy against the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required a right of action for specific performance.
12.5 Should the Lessee fail to bear the cost carry out any of maintaining its obligations under this lease with regard to any underground utilities and the structural elements of the Leased Improvementsmaintenance, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Propertyrepair, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by lawreplacement, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request entitled, without prejudice to any of Lessor, expressed its other rights or impliedremedies, to any contractoreffect the required item of maintenance, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereofrepair, or (2) giving replacement and to recover the cost thereof from the Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofon demand.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. (a) Lessee8.1 Tenant, at its Tenant's sole cost and expense, will shall promptly make all repairs, perform all maintenance, and make all replacements in and to the Premises that are necessary or desirable to keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, Premises in good order first class condition and repair, in a clean, safe and tenantable condition, and otherwise in accordance with all Laws and the requirements of this Lease. Tenant shall maintain all fixtures, furnishings and equipment located in, or exclusively serving, the Premises in clean, safe and sanitary condition, shall take good care thereof and make all required repairs and replacements thereto. Tenant shall give Landlord written notice of any defects or damage to the structure of, or equipment or fixtures in, the Building or any part thereof promptly after Tenant becomes aware thereof. Tenant shall suffer no waste or injury to any part of the Premises, and shall, at the expiration or earlier termination of the Lease Term, surrender the Premises in an order and condition equal to or better than their order and condition on the Lease Commencement Date, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b)Article XVII. Except as otherwise provided in Article XVII, Article 14 or Article 15all injury, with reasonable promptness, make all necessary breakage and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior damage to the commencement Premises and to any other part of the Term of this Lease (concealed Building or otherwise), or required the Land caused by any governmental agency having jurisdiction over the Leased Propertyact or omission of any invitee, except as to the structural elements agent, employee, subtenant, assignee, contractor, client, family member, licensee, customer or guest of the Leased Improvements. LesseeTenant (collectively, however"Invitees") or Tenant, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained repaired by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be and at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) aboveTenant's expense, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor Landlord shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or at Landlord's option to make any agreement such repair and to charge Tenant for all costs and 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.
8.2 Except as otherwise provided in this Lease, Landlord shall keep the exterior and demising walls, load bearing elements, foundations, roof and common areas that may createform a part of the Building, or and the building standard mechanical, electrical, HVAC and plumbing systems, pipes and conduits that are provided by Landlord in the operation of the Building (collectively, the "Building Structure and Systems"), clean and in good operating condition and, promptly after becoming aware of any way item needing repair, will make repairs thereto. Notwithstanding any of the foregoing to the contrary: (a) maintenance and repair of special tenant areas, facilities, finishes and equipment (including, but not limited to, HVAC systems serving the Premises, any special fire protection equipment, telecommunications and computer equipment, kitchen/galley equipment, air-conditioning equipment serving the Premises only and all other furniture, furnishings and equipment of Tenant and all Alterations) shall be the basis for sole responsibility of Tenant and shall be deemed not to be a part of the Building Structure and Systems; and (b) Landlord shall have no obligation to make any right, title, interest, lien, claim repairs brought about by any act or other encumbrance upon the estate neglect of Lessor in the Leased Property, Tenant or any portion thereofInvitee.
Appears in 1 contract
Maintenance and Repairs. (a) LesseeLandlord shall be responsible for all necessary maintenance and repairs to the structural portions of the Building and Premises, at its sole expenseincluding the roof, will keep the Leased PropertyCommon Areas, the HVAC systems and the Systems and Equipment (to the point of entry to the Premises), exterior glass, and all private roadways, sidewalks Systems and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment Equipment in the Premises provided by Landlord (including conduit and ductwareLandlord’s Work). Notwithstanding the foregoing, and non-load bearing interior wallsif any of such maintenance or repairs are directly attributable to the acts or omissions of Tenant or any Tenant Party, and parking lot surfacesor to any breach of Tenant’s obligations under this Lease, in good order and repair, except (i) then Tenant shall reimburse Landlord for ordinary wear and tear (whether the cost of such maintenance or not repairs upon demand. Tenant shall notify Landlord of the need for any maintenance or repairs promptly after becoming aware thereof, and Landlord shall not be liable to Tenant for any failure to perform the same unless such repairs occurred as a result failure persists for an unreasonable time after Landlord’s receipt of Lesseesuch notice. Landlord shall use reasonable efforts to minimize any disruption to Tenant’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage business operations caused by Lessorsuch maintenance or repairs and shall cooperate in a reasonable manner with Tenant regarding the timing thereof. Landlord shall not be liable to Tenant by reason of any injury to or interference with Tenant’s business arising from any such maintenance or repairs, unless resulting from the gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended UseLandlord Party.
(b) Notwithstanding Lessee’s obligations Except as provided in Section 9.1(a), Tenant at its expense shall keep the Premises, including all Alterations, and the Fitness Center Area, and fixtures and furnishings therein, and the Systems and Equipment within the Premises provided by Tenant, in good order, repair and condition at all times during the Lease Term, ordinary wear and tear excepted. In addition, Tenant shall, at its expense but under Subsection 9.1(a) above, except the supervision and subject to the extent prior approval of Landlord, and within a reasonable period of time using commercially reasonable efforts, promptly and adequately repair all damage caused by Lesseeto the Premises and repair or replace all damaged or broken Alterations, fixtures and furnishings; provided, that at Landlord’s negligence option, or willful misconduct or that of its employees or agentsif Tenant does not promptly make the same following Landlord’s written notice thereof, Lessor Landlord may, but need not, make such repairs and replacements, and Tenant shall be required to bear pay Landlord the cost of maintaining any underground utilities and the structural elements thereof, including a percentage of the Leased Improvementscost thereof sufficient to reimburse Landlord for all overhead, including exterior walls general conditions, fees and the roof of the Hotel (but excluding windows and plate glassother costs or expenses incurred by Landlord, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces)upon Landlord’s demand. Except as set forth in the preceding sentence and in Section 10.5, Lessor Tenant shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices applicable provisions of nonresponsibility under Section 9.2 in performing any mechanic’s lien laws now or hereafter existingsuch work.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.
Appears in 1 contract
Maintenance and Repairs. (a) Lessee8.1 Tenant shall keep and maintain the Premises and all fixtures and equipment located therein in clean, safe and sanitary condition, shall take good care thereof and make all required repairs thereto, shall suffer no waste or injury thereto, and shall, at its sole expensethe expiration or other termination of the Lease Term, will keep surrender the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, Premises in good the same order and repaircondition in which they were on the Lease Commencement Date, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, and unavoidable damage by the elements or excepted. All bulbs, tubes and lighting fixtures for the age of the Leased PropertyPremises shall, or any portion thereof) at Landlord's option, be provided and (ii) installed by Landlord at Tenant's cost and expense.
8.2 Tenant shall be solely responsible for maintenance and/or repairs to the extent sewer and drain lines in or about the Premises, and all sewer and drain lines feeding into or away from the Premises. Tenant shall be responsible for any and all damages or claims arising out of damage or connected with said sewer and drain lines, unless caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except Landlord.
8.3 Except as otherwise provided in Subsection 9.1(b)Article XVII hereof, Article 14 or Article 15all injury, with reasonable promptness, make all necessary breakage and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior damage to the commencement Premises and to any other part of the Term building or the land caused by any act or omission of this Lease (concealed or otherwise)Tenant, or required by of any governmental agency having jurisdiction over the Leased Propertyagent, except as to the structural elements employee, subtenant, assignee, contractor, client, guest, family member, licensee, customer or invitee of the Leased Improvements. Lessee, howeverTenant, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach repaired by and at the sole expense of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) aboveTenant, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor Landlord shall have the right right, at Landlord's option, to give, record make such repairs and post, to charge Tenant for all costs and expenses incurred in connection therewith as appropriate, notices additional rent due hereunder. The liability of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease Tenant for such costs and no action or inaction by Lessor expenses shall be construed as (1) constituting reduced by the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance amount of any labor insurance proceeds received by Landlord on account of such injury, breakage or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofdamage.
Appears in 1 contract
Sources: Lease Agreement (Careerbuilder Inc)
Maintenance and Repairs. (A) LESSOR shall, at its cost and expense, keep the foundation (excluding any special foundation poured at LESSEE's request), the exterior walls (except plate glass; windows; doors; door closure devises; window and door frames, moldings, locks and hardware; and interior painting or other interior treatment of exterior walls), the roof (including, without limitation, both the membrane and the structure), the structural portions of the Leased Premises, and the laterals of the water, sewer, gas and electric from their point of connection with the supplier thereof to the Leased Premises, in good repair, except that LESSOR shall not be required to make any repairs occasioned by the act or negligence of LESSEE, its employees, subtenants, licensees, contractors or concessionaires. In the event the Leased Premises should become in need of repairs required to be made by LESSOR hereunder, LESSEE shall give immediate written notice thereof to LESSOR, and LESSOR shall, subject to force majeure, have a reasonable time after receipt of said notice within which to commence and thereafter to diligently complete such repairs.
(B) Except for those portions of the Leased Premises which Lessor is obligated to maintain pursuant to subsection 3 (a) Lesseeabove, Lessee shall keep the Leased Premises in good, clean condition and repair at all times during the term and any extended term of this Lease and shall, at its sole cost and expense, will keep the Leased Property, make all needed repairs and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s controlreplacements, including windows the repair and replacements of all lighting, heat, air-conditioning, plate glass, mechanicaldoors, electrical windows, door closure devises, window and door frames, moldings, locks and hardware, and interior painting or other interior treatment of exterior walls, plumbing systems and equipment other electrical, mechanical and electromotive installations (including conduit including, without limitation, dock levelers and ductwaredock sealers), equipment and non-load bearing interior wallsfixtures and also including all repairs to ducts, conduits, pipes and wiring, and parking lot surfacesany sewer stoppage located in, in good order and repair, except (i) for ordinary wear and tear (whether under or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of above the Leased PropertyPremises and replacement of cracked or broken glass and repairs, or any portion thereof) replacements and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or alterations required by any governmental agency having jurisdiction over authority or any insurance company providing coverage on any part of the Leased Property, except as Warehouse to the structural elements extent required because of Lessee's use or occupancy of the Leased ImprovementsPremises or relating to installations made by LESSEE. Lessee, however, LESSEE shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All also make all necessary repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that and replacements of its employees or agents, Lessor shall be fixtures required to bear for the cost proper conduct of maintaining its business. If any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order by LESSEE hereunder are not made within twenty (20) days after written notice delivered to LESSEE by LESSOR, LESSOR may at his option make such repairs without liability to LESSEE for the Hotelany loss or damage which may result to its stock or business by reason of such repairs, and Lessee’s use thereofLESSEE shall pay to LESSOR upon demand as additional rent hereunder the cost of such repairs plus interest at the highest lawful rate from the date of payment by LESSOR until repaid by LESSEE. At the expiration of this lease, to comply with Lessee’s obligations under LESSEE shall surrender the Franchise Agreement Leased Premises in good condition, reasonable wear and the Management Agreement. Lessor shall have the right to give, record tear and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction loss by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials fire or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofcasualty excepted.
Appears in 1 contract
Maintenance and Repairs. (a) LesseeExcept for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at its sole expenseall times from and after Substantial Completion, will keep including but not limited to any Temporary Taking period, put, keep, and maintain the Leased PropertyPremises (including, without limitation, the Leased Premises Structure and all private roadwaysSystems, sidewalks landscaping and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, the Equipment) in good and safe condition and in the same condition and order and repairof repair as exists as of the date of Substantial Completion, except (i) for ordinary wear and tear tear, and shall promptly make all repairs and replacements of every kind and nature (including but not limited to those “capital” in nature or structural), whether foreseen or not the need for such repairs occurred as a result of Lessee’s useunforeseen, any prior use, the elements which may be required to be made upon or the age of in connection with the Leased PropertyPremises in order to keep and maintain the Leased Premises (i) in compliance with all Legal Requirements, or any portion thereof) and (ii) in the order and condition required by this Paragraph 12(a). All repairs or replacement work required of Tenant on the Leased Premises Structure and Systems shall be subject to Landlord's direction and supervision. Tenant will not commit or permit any waste of the extent Leased Premises. Tenant shall do or cause others to do all shoring of damage caused by Lessor’s gross negligence the Leased Premises or willful misconduct of foundations and walls of the Improvements and every other act necessary or that of its employees or agentsappropriate for preservation and safety thereof, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), in connection with any excavation or required by other building operation upon any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. LesseePremises, howeverwhether or not Landlord shall, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach by reason of any representation Legal Requirements or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shallInsurance Requirements, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces)take such action or be liable for failure to do so. Except as set forth in the preceding sentence and in Section 10.5, Lessor Landlord shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations repair or renewals of any nature or description to the Leased Propertyreplacement, whether ordinary or extraordinary, foreseen or unforeseen, or to make maintain any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain of the Leased Premises or Adjoining Property in any way. Lessee , and Tenant hereby waives, to the extent permitted by law, expressly waives the right to make repairs or replacements at the expense of Lessorthe Landlord, pursuant to which right may be provided for in any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws Legal Requirement now or hereafter existingin effect. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for restoration pursuant to Paragraphs 14(c) and 16 of this Lease. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly, and all repairs shall be in accordance with all Laws and the REA and performed in a good and workmanlike manner. All work described in this Paragraph 12(a) shall be performed only by contractors and subcontractors approved in writing by Landlord, which approval shall not be unreasonably withheld or delayed. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord as an additional insured against such risks, in such amounts and with such companies as Landlord may reasonably require, and to provide Landlord with certificates of such insurance. All such work that may affect the Leased Premises Structure and Systems must be approved by the Building's engineer of record, at Tenant's expense and, at Landlord's election, must be performed by Landlord's usual contractor for such work.
(b) In the event that any Improvement shall violate any Legal Requirements or Insurance Requirements and as a result of such violation enforcement action is threatened or commenced against Tenant, Landlord or with respect to the Leased Premises, then Tenant, at its sole cost and expense, at the request of Landlord, shall either (i) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such violation, Lease Agreement for Forest Park Medical Center at Southlake whether or not the same shall affect Landlord, Tenant, the Leased Premises or all or any of them, or (ii) take such action as shall be necessary to remove such violation, including, if necessary, any Alteration. Any such repair or Alteration shall be made at Tenant's sole cost and expense in conformity with the provisions of Paragraph 13 of this Lease.
(c) Nothing contained If Tenant shall be in default under any of the provisions of this Paragraph 12 or if any act or neglect of Tenant results in damage to the Leased Premises, Landlord may (but shall not be obligated) after fifteen (15) days written notice given to Tenant and failure of Tenant to commence to cure or repair during said period or failure of Tenant to diligently pursue such remedy to completion, but without notice in the event of an emergency, do whatever is necessary to cure such default or repair such damage as may be appropriate under the circumstances for the account of and at the expense of Tenant. In the event of an emergency Landlord may notify Tenant of the situation by phone or other available communication. All reasonable sums so paid by Landlord and all reasonable costs and expenses (including, without limitation, reasonable attorneys' fees and expenses plus Landlord's overhead cost of ten percent (10%) of the cost) so incurred by Landlord, together with interest thereon at the Default Rate from the date of payment or incurring the expense, shall constitute Additional Rent payable by Tenant under this Lease and no action or inaction by Lessor shall be construed as paid by Tenant to Landlord on demand.
(1d) constituting Tenant, at its sole cost and expense, shall from time to time replace with new equipment or parts which are the request same quality or better than that which is being replaced (the “Replacement Equipment”) any of Lessor, expressed the Equipment (the “Replaced Equipment”) which shall have become worn out or implied, to any contractor, subcontractor, laborer, materialman or vendor to or unusable for the performance of any labor purpose for which it is intended, been taken by a Condemnation as provided in Paragraph 14, or services been lost, stolen, damaged or the furnishing of any materials or other property for the construction, alteration, addition, destroyed as provided in Paragraph 16. Tenant promptly shall repair or demolition of or at its sole cost and expense all damage to the Leased Property Premises caused by the removal of Equipment or any Replaced Equipment or other personal property of Tenant or the installation of Replacement Equipment. All Replacement Equipment shall become the property of Landlord, shall be free and clear of all liens, claims, encumbrances, charges and rights of others and shall become a part thereofof the Equipment as if originally demised herein.
(e) Landlord shall have no obligations whatsoever for repairs, replacements, or (2) giving Lessee any right, power or permission to contract for or permit the performance maintenance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofPremises.
Appears in 1 contract
Sources: Lease Agreement (Griffin-American Healthcare REIT III, Inc.)
Maintenance and Repairs. (a) Lessee8.1 Throughout the term of this Lease, Lessee shall, at its Lessee's sole cost and expense, will keep and maintain in good order, condition and repair the Leased PropertyDemised Premises and every part thereof including, without limitation, the Common Areas, the electrical, plumbing, sewerage, alarm, HVAC and other systems serving the Demised Premises and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee; provided, however, that all structural repairs to the roof, walls and exterior of the Improvements which are needed during the Term shall be permitted to prosecute claims against promptly made by Lessor at Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use's sole cost and expense.
(b) 8.2 Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent any provision of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5this Article VIII, Lessor shall not under be responsible for any circumstances structural repairs or replacements which are necessitated by the negligence of Lessee, but the same shall instead be required the obligation of Lessee.
8.3 For purposes of this Article VIII, structural repairs shall be considered "needed" only if the condition of such item or items in need of repair poses a safety or health hazard to build occupants of the Improvements, or rebuild any improvement the condition of the item or items in questions substantially and unreasonably interferes with Lessee's use and enjoyment of the Demised Premises.
8.4 Lessee shall keep all areas outside of the Improvements on the Leased PropertyDemised Premises free and clear of all waste, litter, debris and clutter and Lessee shall not store or leave any items of personal property outside of the Improvements.
8.5 Lessor and its authorized representatives shall be entitled to enter onto the Demised Premises at all reasonable times for the purpose of inspecting the same and making any repairs thereto and performing any work thereon as may be necessary due to the Lessee's failure to make any repairssuch repairs or perform such work, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time provided Lessor gives notice of the execution intended entry to Lessee at least twenty-four (24) hours in advance or in the case of this Lease or hereafter enactedan emergency, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to no prior notice shall be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreementnecessary. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing herein contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessorimposing any duty upon Lessor to do any such repair or work, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for and the performance thereof by Lessor shall not constitute a waiver of any labor or services or Lessee's default in failing to perform the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofsame.
Appears in 1 contract
Sources: Lease Agreement (Emtec Inc/Nj)
Maintenance and Repairs. 10.1 Landlord's Work. ---------------
(a) LesseeLandlord shall repair and maintain or cause to be repaired and maintained the driveways, at its sole expenseparking areas, will keep landscaping and other Common Areas of the Leased PropertyCenter and the structural roof, and all private roadwaysroof membrane, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior exterior walls, foundation and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age other structural portions of the Leased Property, or any portion thereof) and (ii) to buildings in which the extent Premises are located. The cost of damage caused all work performed by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of Landlord under this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, Section 10.1 shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) abovean Operating Expense hereunder, except to the extent such work (i) is required due to the negligence of damage caused by Lessee’s Landlord, (ii) is a capital expenditure not includible as an Operating Expense under Section 7.2 hereof, (iii) is required due to the negligence or willful misconduct of Tenant or that of its agents, employees or agentsinvitees (in which event Tenant shall bear the full cost of such work pursuant to the indemnification provided in Section 12.6 hereof, Lessor subject to the release set forth in Section 12.4 hereof), or (iv) involves repair or maintenance of the roof membrane on any of the applicable buildings (in which event there shall be required charged back directly to bear Tenant, as additional rent and not as an Operating Expense, but subject to the same limitations set forth for Operating Expenses in Section 7.2 for purposes of determining what are capital items and what portion, if any, of capital items can properly be allocated to a particular year or other applicable period, a prorata share of the cost of maintaining any underground utilities and such repair or maintenance calculated on the structural elements basis of the Leased Improvements, including exterior walls and the roof percentage of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfacesapplicable building that is occupied by Tenant). Except as set forth in the preceding sentence Tenant knowingly and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, voluntarily waives the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enactedLandlord's expense, except following default by Lessor under this Lease, to the extent of permitted by Section 10.1(b) below, or to offset the cost thereof against rent, under any law, statute, regulation or ordinance now or hereafter in effect.
(b) If Landlord fails to perform any repairs (for which Lessor is obligated hereunder) or maintenance required to be made performed by Landlord on the buildings in order which the Premises are located under Section 10.1(a) and such failure continues for the Hotelthirty (30) days or more after Tenant gives Landlord written notice of such failure (or, if such repairs or maintenance cannot reasonably be performed within such 30-day period, then if Landlord fails to commence performance within such 30-day period and Lessee’s use thereofthereafter to pursue such performance diligently to completion), to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor then Tenant shall have the right to give, record perform such repairs or maintenance and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor Landlord shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or reimburse Tenant for the performance reasonable cost thereof within fifteen (15) days after written notice from Tenant of the completion and cost of such work, accompanied by copies of invoices or other reasonable supporting documentation. Under no circumstances, however, shall Tenant have any right to offset the cost of any labor or services or the furnishing of any materials such work against rent or other property for the construction, alteration, addition, repair or demolition of or charges falling due from time to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereoftime under this Lease.
Appears in 1 contract
Sources: Lease (Cor Therapeutics Inc / De)
Maintenance and Repairs. (a) LesseeSubject to Tenants responsibilities set forth in Paragraph 14 (d), at its sole expense, will Landlord shall keep the Leased Building and all machinery, equipment and fixtures attached to, or used in connection with the operation of the Building and Property, and including all private roadwayselectrical, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glassheating, mechanical, electrical sanitary, sprinkler, utility, Power, plumbing, cleaning, refrigeration, ventilating, air conditioning and plumbing elevator systems and equipment (including conduit excluding, however, lines, improvements, systems and ductware)machinery for water, gas, steam and non-load bearing interior walls, electricity owned and parking lot surfaces, maintained by any public utility company or governmental agency or body and excluding also any of Tenants property) in good order and repair. Landlord shall develop, in consultation with Tenant, a program for maintenance of the Building and Property, including a budget therefor. Landlord shall meet with Tenant at commercially reasonable times, and upon commercially reasonable notice (but is not required to meet more often than twice annually), to secure Tenant's input into such program and budget. 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 (iin the case of emergency) for ordinary wear and tear (whether or not to provide reasonable advance written notice to Tenant of its intent to enter the need Premises for such repairs occurred purposes. The cost for maintaining the Building and Premises in good order and repair as a result contemplated by this paragraph 14 (a) shall be an Operating Cost for purposes of Lessee’s use, any prior use, paragraph 11 hereof. There shall be no abatement in rents due and payable hereunder and no liability on the elements or the age part of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising Landlord by reason of a condition existing prior any inconvenience, annoyance or disruption arising from Landlord's making reasonable repairs, additions or improvements to the commencement Building or Premises in accordance with its obligations hereunder. 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 Term rate of this Lease (concealed fire or otherwise)other insurance for said Building, or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Propertyproperty kept therein, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseenobstruct, or to make any expenditure whatsoever interfere with respect thereto, in connection with this Leasethe rights of other tenants, or to maintain the Leased Property in any way. Lessee hereby waivesway injure or annoy them, to or those having business with them, or conflict with them or conflict with the extent permitted by lawfire laws or regulations, the right to make repairs at the expense of Lessor, pursuant to or with any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property 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 of Tenant, such statement shall be conclusive evidence that the increase in such rate is caused by such activity or equipment, and Tenant shall be liable for such increase and shall reimburse Landlord therefor upon demand, and any such sum shall be considered Additional Rent payable hereunder. In the event Landlord elects to make substantial improvements or additions to the Building, 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) giving Lessee Except as hereinafter expressly set forth Tenant will not make any rightalterations, power installments, changes, replacements, additions or permission improvements, collectively "Alterations", in or to contract the Premises or any part thereof, without the prior written consent of Landlord, not to be unreasonably withheld or delayed. Any request to make alterations shall be in writing, and shall be accompanied by a space plan in detail sufficient to permit Landlord to evaluate its impact on the Building. Within seven (7) calendar days of its receipt of the Space Plan, Landlord shall have given its written consent to such plan, or shall have provided Tenant with a list of recommended changes. If a list of changes is provided, Tenant will address the changes and resubmit the plan to Landlord for approval. If Landlord fails to provide Tenant with its consent or permit recommended changes with seven (7) calendar days of its receipt of the performance request and Space Plan, such request and Space Plan shall be deemed to be approved. In the event Landlord elects to have the Alterations remain upon the Premises following the expiration of the Term, 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 labor applicable underwriter's association and conform to all requirements of local, state and federal governments. All Alterations shall be made at Tenants sole expense, by contractors, or services 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. If any mechanic's lien is filed against the Premises or the furnishing of 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 materials and all expenses (including attorney's fees), liens and claims or other property in such fashion as would permit damage to persons, property, or the Building which may arise from the making of any claim against Lessor Alterations. Tenant will deliver to Landlord a complete set of "as built" plans showing the approved Alterations. Notwithstanding anything to the contrary in respect this Paragraph 14, Tenant shall have the right to make interior decorative non-structural alterations to the Premises having an aggregate cost of less than $25,000 in any one (1) year period without the consent of Landlord. 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 hereinabove, 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) there shall be no uncured Event of Default existing as of the time of such removal, Tenant shall have the right to remove, prior to the expiration or termination of this Lease, all movable furniture, fixtures or equipment installed in the Premises solely at Tenant's expense. Should Landlord elect that alterations, 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 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, reasonable wear and tear excepted.
(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 or require the use of the water system, air conditioning system or the electrical system of the Premises without the prior written consent of the Landlord, which consent shall not be unreasonably withheld or delayed. In the event that Tenant wishes to 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 machinery shall be installed and maintained by Tenant, at Tenant's expense, on vibration eliminators or other devices sufficient to eliminate such noise and vibration. Tenant may, at its expense, install and remove additional equipment and machinery used or useful in Tenant's business, which equipment and machinery shall remain the property of Tenant and shall not become part of the real estate, provided that such installation shall not reduce the value of the Premises 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 which Landlord determines causes a risk to persons or property, or interferes with telecommunications transmissions or computer use.
(d) Subject to Landlord's obligations to maintain and repair the Premises in accordance with this Paragraph 14, Tenant agrees that it will take good care of the Premises and the 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 and damage by insured casualty excepted. Without limiting the generality of the foregoing, Tenant shall promptly make all repairs to the Premises or to make any. part of the Building, to the extent such repairs are not covered by insurance and if such repairs are necessitated by any agreement that may createact or omission of Tenant, any subtenant, assignee or concessionaire of Tenant, any of its respective agents or employees, or by the failure of Tenant to Perform any of its obligations under this Lease. In addition, Tenant shall be solely responsible, at its expense, for maintaining the roof of the Premises in good condition, consistent with the manufacture's standards for maintenance, utilizing contractors reasonably designated or approved by Landlord. Landlord will use commercially reasonable efforts to assign or otherwise make available to Tenant any way be warranties obtained by Landlord in connection with the basis for any rightroof, title, interest, lien, claim or other encumbrance upon the estate of Lessor and will use commercially reasonable efforts to cooperate with Tenant in the Leased Property, or any portion thereofenforcing such warranties.
Appears in 1 contract
Sources: Deed of Lease (Homegrocer Com Inc)
Maintenance and Repairs. (a) LesseeLessor covenants and agrees to maintain, at its Lessor's sole cost and expense, the exterior and major structural components of the Premises, including but not limited to the roof systems of the buildings, the exterior and/or underground portions of the utilities services to the Premises which are not the responsibility of the Utility Companies, any groundwater monitoring ▇▇▇▇▇ on the Premises that are required by law or regulation to be continuously operated or periodically tested, and the portions of any improved roadways, driveways or entranceways situated on Lessor's property but to which Harsco does not have exclusive access. However, Harsco shall be responsible for any required repairs or maintenance to the above items, (i) arising out of Harsco's operations or activities other than normal manufacturing processes, or (ii) resulting from the negligent acts or omissions of Harsco, its employees, agents or invitees. Harsco covenants and agrees that Harsco will keep maintain and repair, at Harsco's sole cost and expense, the Leased Propertyinterior of the Premises, including but not limited to, all doors and windows; the interior utility services of the Premises and any other improved roadways, driveways, entranceways and parking or storage areas on the premises; plumbing and drain lines; heating, air conditioning, ventilating and electrical systems; fire sprinkler system; overhead doors and related control systems; cranes, including the overhead cranes, and all private roadways, sidewalks related control systems; air compressors and curbs appurtenant thereto air lines; the oil/water separator tank system; and the industrial waste water treatment system and all other items which constitute a part of the Premises that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age part of the Leased Property, specific maintenance duties of Lessor provided herein. Harsco's obligation to maintain the oil/water separator tank system and the industrial waste water treatment system shall not include the correction or remediation of any portion thereofcontamination (see paragraph 23 for definition of this term) related to said items which may be discovered at any time and (ii) results from any cause other than introduction to the extent of damage caused Premises by Lessor’s gross negligence Harsco's own operations at the Premises during the Term. Harsco shall likewise have no responsibility to alter, modify, redesign or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by replace said items if any governmental agency having jurisdiction over the Leased PropertyPremises under applicable environmental laws (see paragraph 23 for definition of this term) shall determine, except as at any time, that said items may not remain in operation or present at the Premises due to non-compliance with any applicable environmental law, whether or not the structural elements facts and circumstances representing such non-compliance existed at commencement of the Leased Improvementsthis Lease. Lessee, however, Harsco shall be permitted responsible for any snow removal desired by Harsco. Lessor represents and warrants to prosecute claims against Lessor’s predecessors in title for breach Harsco that Lessor has received no notices from any authorities having jurisdiction over the Premises that any conditions exist at the Premises which represent violations of any representation applicable zoning, building and land use and safety codes, ordinances or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductwarelaws, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, that Lessor shall not under has no actual knowledge that any circumstances be required to build such conditions or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs violations exist at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor Premises. Notwithstanding Harsco's maintenance obligations under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor Harsco shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or responsibility for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, additioncorrection, repair or demolition modification of any such conditions or violations, whether known or unknown to the Leased Property or any part thereofparties, or (2) giving Lessee any right, power or permission to contract for or permit which existed at the performance Premises at commencement of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofthis Lease.
Appears in 1 contract
Sources: Lease Agreement (United Defense Lp)
Maintenance and Repairs. (a) Lessee7.1 By remaining in possession of the Premises as of the Commencement Date, Tenant agrees that the Premises are then in a good and tenantable condition. Tenant further agrees that the HVAC system serving the Premises is in good working order as of the date of this Lease. During the Term, Tenant at its sole expenseTenant’s expense but under the direction of Landlord, will keep shall repair and maintain the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s controlPremises, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing the interior walls, floor coverings, ceiling (ceiling tiles and parking lot surfacesgrid), Tenant Improvements, Alterations, fire extinguishers, outlets and fixtures, and any appliances (including dishwashers, hot water heaters, garbage disposers and any Dedicated HVAC Unit, as defined in Section 9 below) in the Premises, in a first class 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 order, condition and repair, except the structural portions of the roof, foundations, floors and exterior walls of the Building, the Building Systems, and the public and common areas of the Property, such as elevators, stairs, corridors and restrooms; provided, however, that Tenant shall pay, within fifteen (15) days after receipt of a written invoice from Landlord, the cost of repairs (plus an administrative fee of fifteen percent (15%): (i) for ordinary wear and tear (whether or not damage occasioned by Tenant’s use of the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements Premises or the age of the Leased Property, Property or any portion thereof) and act or omission of Tenant or Tenant’s Representatives or Visitors or (ii) which are beyond the scope of Landlord’s express maintenance and repair obligations under this Lease. Landlord shall be under no obligation to inspect the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agentsPremises. Tenant shall promptly report in writing to Landlord any defective condition known to Tenant which Landlord is required to repair.
7.3 Landlord hereby reserves the right, andat any time and from time to time, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacementswithout liability to Tenant, and improvements thereto without constituting an eviction, constructive or otherwise, or entitling Tenant to any abatement of every kind and nature, whether interior rent or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of terminate this Lease or otherwise releasing Tenant from any of Tenant’s obligations under this Lease:
(concealed a) To make alterations, additions, repairs, improvements to or otherwise)in or to decrease the size of area of, or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property all or any part thereof for its Primary Intended Use.of the Building (excluding the Premises), the fixtures and equipment therein, and the Building Systems;
(b) Notwithstanding LesseeTo change the Building’s obligations under Subsection 9.1(aname or street address;
(c) aboveTo install and maintain any and all signs on the exterior and interior of the Building;
(d) To reduce, except 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 and other tenancies and premises in the Property and to create additional rentable areas through use or enclosure of common areas;
(e) To institute any mandatory programs (such as trash recycling) for the Building that Landlord believes, in its sole judgment, will be in the best interests of the Building and its tenants; and
(f) 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 extent use or conservation of damage caused by Lessee’s negligence energy or willful misconduct utilities or that the reduction of its employees automobile or agents, Lessor shall be required to bear the cost other emissions or reduction or management of maintaining any underground utilities and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and traffic or parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereofcollectively “Controls”), to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to givesuch Controls, record and postwhether mandatory or voluntary, as appropriate, notices of nonresponsibility under or make any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or alterations to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofrelated thereto.
Appears in 1 contract
Maintenance and Repairs. (a) LesseeLandlord shall maintain and repair the public and common areas of the Building, at its sole expensesuch as plazas, will keep lobbies, stairs, corridors and restrooms, the Leased Propertyroof and exterior elements of the Building, and all private roadwaysthe elevator, sidewalks mechanical and curbs appurtenant thereto that are under Lessee’s controlelectrical systems of the Building and keep such areas, including windows elements and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repaircondition, except (i) for ordinary wear consistent with the standards of other comparable buildings in the South of Market/China Basin district. Any damage in or to any such areas, elements or systems caused by Tenant or any agent, officer, employee, contractor, licensee or invitee of Tenant shall be repaired by Landlord at Tenant's expense and tear (whether or not Tenant shall pay to Landlord, upon billing by Landlord, as additional rent, the need for cost of such repairs occurred as a result of Lessee’s useincurred by Landlord.
(b) Tenant shall, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make at all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of times during the Term of this Lease and at Tenant's sole cost and expense, maintain and repair the Premises and every part thereof and all equipment (concealed or otherwiseincluding, without limitation, any air conditioning units exclusively serving Tenant and located in the Premises ("Supplemental HVAC") and/or any kitchen equipment), or required by and any governmental agency having jurisdiction over the Leased Propertyfixtures and improvements therein, except as to the structural elements and keep all of the Leased Improvements. Lesseeforegoing clean and in good order and operating condition, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation ordinary wear and tear and damage thereto by fire or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claimother casualty excepted. All repairs shalland replacements made by or on behalf of Tenant shall be made and performed at Tenant's cost and expense and at such time and in such manner as Landlord may reasonably designate, to by contractors or mechanics reasonably approved by Landlord and so that the extent reasonably achievable, same shall be at least equivalent equal in quality quality, value, character and utility to the original workwork or installation being repaired or replaced. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations Tenant hereby waives all rights under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear the cost of maintaining any underground utilities California Civil Code Section 1941 and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right all rights to make repairs at the expense of LessorLandlord or in lieu thereof to vacate the Premises as provided by California Civil Code Section 1942 or any other law, pursuant to any law statute or ordinance now or hereafter in effect effect. Tenant shall, at the time end of the execution Term of this Lease or hereafter enacted, except following default by Lessor under this Lease, surrender to Landlord the extent of repairs (for which Lessor is obligated hereunder) required to be made Premises and all alterations, additions, fixtures and improvements therein or thereto in order for the Hotelsame condition as when received, ordinary wear and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement tear and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now damage thereto by fire or hereafter existingother casualty excepted.
(c) Nothing contained in this Lease Landlord reserves the right, at any time and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or impliedfrom time to time, to any contractor, subcontractor, laborer, materialman or vendor have Landlord's engineer estimate (on an average cost per month basis) the additional electrical and other related operating costs attributable to or for the performance Tenant's operation of any labor or services or Supplemental HVAC (the furnishing "Excess HVAC Cost"). Landlord shall notify Tenant of any materials or other property for such estimate, and provide Tenant with reasonable documentation in support of the constructionExcess HVAC Cost. Beginning on the first day of the calendar month next following Tenant's receipt of Landlord's estimate of the Excess HVAC Cost, alterationTenant shall pay to Landlord, additionas additional rent, repair or demolition the amount of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofExcess HVAC Cost.
Appears in 1 contract
Sources: Lease Agreement (Quokka Sports Inc)
Maintenance and Repairs. (a) LesseeAt all times during the Term of this Lease, Tenant shall, at its sole cost and expense, keep and maintain the Premises in a good, first-class condition and state of repair, ordinary wear and tear and insured casualty, and items that are Landlord's obligation to maintain or repair only excepted. Landlord, in construction of the improvements that are described on Exhibit "B", will use those materials and techniques customary and typical for similar quality buildings in Mecklenburg County, North Carolina, or such higher standard as Landlord deems desirable. Tenant shall make any and all additions to and all alterations and repairs in, 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 Leased Propertyinterior and exterior of the Premises, together with all electrical, plumbing, heating, ventilating, air-conditioning, and other mechanical systems and installations therein, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and nonnon load-load bearing interior walls, and parking lot surfaces, in good order and repair including normal and customary preventive maintenance and will make all replacements from time to time required at its expense, and (ii) repair any damage to the roof, load bearing walls and foundations of the Premises caused or permitted by Tenant or its employees, invitees, contractors and agents. Landlord will maintain and repair the roof, load-bearing walls, and foundations of the Premises in a good, first-class condition and state of repair, except (i) for ordinary wear and tear (whether or not tear, uninsured casualty and repairs Tenant is obligated to make pursuant to Section 9.1(ii) above. Tenant will surrender the need for such repairs occurred as a result of Lessee’s use, any prior use, Premises at the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement expiration of the Term of this Lease (concealed or otherwise)at such other time as it may vacate the Premises in as good condition as when received, or excepting only ordinary wear and tear, damage by insured casualty, and repairs Landlord is obligated to make pursuant hereto. Except as expressly required by any governmental agency having jurisdiction over the Leased Propertythis Section 9.1 and Section 12.1 below, except as to the structural elements of the Leased Improvements. Lessee, however, Landlord shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) above, except to the extent of damage caused by Lessee’s negligence or willful misconduct or that of its employees or agents, Lessor shall be required to bear furnish any services or facilities or to make any repairs or alterations of any kind in or on the cost of maintaining any underground utilities Premises. However, in the event Tenant fails to perform its maintenance and the structural elements of the Leased Improvements, including exterior walls and the roof of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except repair obligations as set forth in the preceding sentence and in this Section 10.59.1, Lessor Landlord may, but shall not under any circumstances be required to build or rebuild any improvement on the Leased Propertyobligated to, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement do so and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices cost of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor same shall be construed as Additional Rental payable to Landlord hereunder within ten (110) constituting the request days of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereofdemand therefor.
Appears in 1 contract
Sources: Lease Agreement (Griffith Micro Science International Inc)
Maintenance and Repairs. (a) Lessee7.1 Throughout the term, Tenant shall, at its Tenant's sole cost and expense, will keep maintain the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, Facility Site in good order condition and repair, except (i) for ordinary wear and tear excepted, in accordance with (a) all Laws, (b) any insurance underwriting board or insurance inspection bureau having or claiming jurisdiction and (c) any insurance company insuring all or any part thereof; except to the extent any damage to the Facility Site arises from the exercise by the Landlord of its Reserved Rights.
7.2 Tenant shall maintain and repair, in accordance with reasonable engineering standards, any dikes and levees now or hereafter located on the Premises; except to the extent any damage to any such dike or levee arises from the exercise by the Landlord of its Reserved Rights.
7.3 Landlord reserves the right to enter the Premises and to take and utilize the soils and rock contained therein as fill for flood control purposes, at no charge to Landlord; provided, however, that (a) in exercising its rights under this Section 7.3, Landlord shall not take any action that would reasonably be expected to have a Material Adverse Impact and (b) Landlord shall indemnify, defend and hold harmless Tenant from and against any and all Damages, whether or not the need for such repairs occurred as a result arising out of Lessee’s usethird-party claims, any prior use, the elements which may be imposed upon or the age of the Leased Property, incurred by Tenant or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required asserted against Tenant by any governmental agency having jurisdiction over the Leased Propertyother Person, except as arising out of or attributable to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach Landlord's use of any representation or warranty or for any latent defects in such soils and/or rock on the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.
(b) Notwithstanding Lessee’s obligations under Subsection 9.1(a) aboveFacility Site, except to the extent of damage caused by Lessee’s the negligence or willful misconduct wilful acts of Tenant.
7.4 Tenant hereby waives any claim against Landlord for Damages caused by any change or that of its employees or agents, Lessor shall be required to bear changes in the cost of maintaining any underground utilities and the structural elements level of the Leased ImprovementsSalton Sea, including exterior walls including, without limitation, Damages caused by flooding, seepage or other circumstances, and the roof Tenant hereby agrees that such waiver is part of the Hotel (but excluding windows and plate glass, mechanical, electrical and plumbing systems and equipment, including conduit and ductware, and non-load bearing walls, and parking lot surfaces). Except as set forth in the preceding sentence and in Section 10.5, Lessor shall not under any circumstances be required consideration to build or rebuild any improvement on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain the Leased Property in any way. Lessee hereby waives, to the extent permitted by law, the right to make repairs at the expense of Lessor, pursuant to any law in effect at the time of the execution of this Lease or hereafter enacted, except following default by Lessor Landlord under this Lease, to the extent of repairs (for which Lessor is obligated hereunder) required to be made in order for the Hotel, and Lessee’s use thereof, to comply with Lessee’s obligations under the Franchise Agreement and the Management Agreement. Lessor shall have the right to give, record and post, as appropriate, notices of nonresponsibility under any mechanic’s lien laws now or hereafter existing.
(c) Nothing contained in this Lease and no action or inaction by Lessor shall be construed as (1) constituting the request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof, or (2) giving Lessee any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Lessor in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim or other encumbrance upon the estate of Lessor in the Leased Property, or any portion thereof.
Appears in 1 contract
Sources: Ground Lease (Ce Generation LLC)