Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 12 contracts
Sources: Lease Agreement (Power REIT), Lease Agreement (Millennium Investment & Acquisition Co Inc.), Lease Agreement (Power REIT)
Maintenance and Repairs. 7.1 4. Tenant shall, at its expense, throughout the Term term of this lease, take good care of the demised premises and the fixtures and appurtenances therein. Tenant shall be responsible for all renewals damage or injury to the demised premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premisesthereof, electric light fixtureswhether requiring structural or nonstructural repairs caused by, bulbsor resulting from, tubes and tube casingscarelessness, doorsomission, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesneglect or improper conduct of Tenant, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for, or supplied to, Tenant the benefit from warranties on such itemsor any subtenant, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion arising out of the Premises installation, use or operation of the property or equipment of Tenant or any system or equipment in subtenant. Tenant shall also repair all damage to the Premises which Tenant is obligated to repair cannot be fully repairedbuilding and the demised premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the regular inspection (trade or trades in question, selected from a list of at least quarterly) two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorsystems thereof, or for which Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract is responsible, shall be paid performed by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have Owner at the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of the demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating and other systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice of any defective condition in the demised premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises, or in and to the fixtures, appurtenances or equipment thereof. Owner agrees to make reasonable efforts to minimize interference with the permitted use. Owner will endeavor to give Tenant reasonable advance notice (which may be oral) of such repairs, alterations, additions or improvements. It is specifically agreed that Tenant shall not be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the balance covenants of the Propertythis or any other article of this lease. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant agrees that Tenant’s sole expenseremedy at law in such instance will be a separate plenary action for damages for breach of contract. If Tenant fails to maintain and repair The provisions of this Article 4 shall not apply in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency)fire or other casualty, enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 4 contracts
Sources: Office Lease (Liquid Holdings Group LLC), Office Lease (Liquid Holdings Group LLC), Office Lease (Liquid Holdings Group LLC)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 3 contracts
Sources: Lease Agreement, Lease Agreement (Millennium Sustainable Ventures Corp.), Lease Agreement (Power REIT)
Maintenance and Repairs. 7.1 Tenant The Lessor shall provide for interior maintenance and repairs in accordance with generally accepted good practices, including repainting, the replacement of worn or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the term of this lease, keep the interior of the demised premises in as good a state of repair as it is at its expensethe time of the commencement of this lease, throughout reasonable wear and tear and unavoidable casualties excepted. The Lessor shall provide office cleaning and building security at no additional charge to the Term Lessee. Lessee is responsible for permitting the professional cleaning vendor access to their leased office space. Office cleaning is normally done the evenings of Wednesdays and all renewals on the weekends. In order to keep our building sanitary, it is CSC policy that any food waste be disposed of in the kitchen area waste baskets only. Lessor is a green-friendly office and extensions thereofdoes recycle paper, cardboard, glass and plastic products. Lessee is responsible for the insurance of personal property, and must provide Lessor with a current proof of general liability insurance on a recurring basis. Subject to the terms and conditions of the Condominium Associations’ rules and regulations, the Lessor shall maintain and keep in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion exterior of the Premises or any system or equipment in demised premises during the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless term of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) this lease and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services the replacement of all windows broken or damaged in the demised premises, except such breakage or damage caused to the exterior of the demised premises by the Lessee, its officers, agents or employees. Subject to the terms and trash removal from conditions of the PremisesCondominium Associations’ rules and regulations, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant Lessor shall maintain the Premises in good order interior and condition and appearances reasonably commensurate with the balance exterior of the Propertydemised premises including grounds and parking area so as to conform to all applicable health and safety laws, ordinances and codes which are presently in effect and which may subsequently be enacted during the term of this lease and any renewal periods. All of Tenant’s obligations to maintain and repair Vehicle parking shall be accomplished at Tenant’s sole expenselimited to marked locations (CSC) and extra parking spaces to the west of the office building. If Tenant fails Subject to maintain the terms and repair conditions of the Premises as required by this Section, Landlord may, on 10 daysCondominium Associations’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises rules and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited toregulations, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand Lessor agrees to furnish pest control services for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% the leased premises during the term of such actual and reasonable costs or expensesthe lease at the expense of the Lessor.
Appears in 2 contracts
Sources: Commercial Lease Agreement, Commercial Lease Agreement
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Termfixtures and appurtenances therein. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. [4.1] Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal from the Premisessystems and equipment hereof, whether requiring structural or nonstructural repairs causes by, or resulting from, carelessness, omission, neglect or improper conduct of tenant, Tenant’s subtenants, agents, employees, invitees or licensee, or which arise out of any work, labor, service or equipment done for, or supplied to, Tenant or any subtenant, or arising out of the installation, use or operations of this property or equipment of Tenant or any subtenant Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s expenses, all repairs in and to the demised premises for which Tenant’s responsible, using only the contractor for the trade or trades in question, selected from a list of at least per trade submitted by Owner. Any other [All] repairs in or to the building or the facilities and systems thereof, for which Tenant is responsible, shall be performed by Owner at the Tenant’s expense. Landlord Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of the demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant intend thatagrees to give prompt notice of any defective condition in the demised premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for dinisution of rental value and no liability on the part of Owner by reason of inconvenience, at all times during annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the Termbuilding or the demised premises, or in and to the fixtures, appurtenances or equipment thereof. [4.2] It is specifically agreed that Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the balance covenants of the Propertythis or any other article of this lease. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant agrees that Tenant’s sole expenseremedy at law in such instance will be by way of an action for damages for breach of contract. If Tenant fails to maintain and repair The provisions of this Article 4 shall not apply in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency)fire or other casualty, enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 2 contracts
Sources: Sub Lease Agreement (Loxo Oncology, Inc.), Lease Agreement (Loxo Oncology, Inc.)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant. Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana codeArticle 9 hereof. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.Window Cleaning:
Appears in 2 contracts
Sources: Lease Agreement (Edison Schools Inc), Lease Agreement (Edison Schools Inc)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demise premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or approvals and certificates to Owner and Tenants agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Owner may require which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana codeArticle 9 hereof. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.WINDOW CLEANING:
Appears in 2 contracts
Sources: Office Lease (Callnow Com Inc), Office Lease (Callnow Com Inc)
Maintenance and Repairs. 7.1 Tenant shall(a) Tenant, at its expense, throughout (i) shall keep the Term Leased Premises and all renewals fixtures contained therein in a safe, clean and extensions thereofneat condition, maintain and (ii) shall bear the cost of maintenance and repair, except for ordinary wear and tear, by contractors selected through a bidding process in good orderaccordance with Nueces County Purchasing Policies, condition of all facilities which are not expressly required to be maintained or repaired by Landlord and repair which are located in the Leased Premises, including but including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities. Tenant shall make all repairs to the Leased Premises not limited required to heating be made by Landlord with replacements of any materials to be made by use of materials of equal or better quality to those existing on the Leased Premises at the commencement of this Lease. Tenant shall do all decorating, remodeling, alteration and air conditioning equipmentpainting required by Tenant during the Lease Term. Tenant shall pay for the cost of any repairs to the Leased Premises or the Building made necessary by any negligence or willful misconduct of Tenant or any of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in or invited to the Leased Premises or the Building by Tenant, except to the extent the repair or replacement is covered by Landlord’s insurance or the insurance Landlord is required to maintain under the terms of this lease, provided Tenant shall reimburse the amount of Landlord’s deductible payment under such insurance coverage. If Tenant fails to make such repairs or replacements within fifteen (15) days after written notice from Landlord after the occurrence of such damage, Landlord may at its option make such repairs or replacements, and Tenant shall upon demand pay Landlord for the cost.
(b) Landlord shall make all necessary repairs, within a reasonable period following receipt of notice of the need therefor from Tenant, to the roof, foundation, interior structure walls, floors all structural components, and ceilingsall systems such as mechanical, window exteriorselectrical, mechanical heating, ventilating and electrical systems air- conditioning and equipment exclusively serving the Premisesplumbing, electric light fixturesexterior walls, bulbs, tubes and tube casings, exterior doors, floor coveringsexterior locks on exterior doors and windows of the Building, dock doors, levelers, plumbing system and plumbing fixtures, Tenantto the common areas and to public corridors and other public areas of the Building not constituting a portion of any tenant’s signs premises and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to keep all Building standard equipment used by Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors in common with other tenants in good condition and repair and to extend to Tenantreplace same at the end of such equipment’s normal and useful life, as reasonable wear and if available, any bulk buying power that Landlord may have with such contractors or vendorstear and casualty loss excepted. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless notify Landlord of whether the benefit any item that is in need of such replacement extends beyond the Termrepair and that is Landlord’s responsibility to repair. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing All requests for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract repairs to Landlord shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf)writing. Landlord shall have make a repair for which Landlord is responsible within a reasonable period of time after Tenant provides Landlord written notice of the rightneeded repair. If Landlord fails to repair or maintain an item for which Landlord is responsible within 10 days after Tenant provides Landlord written notice of the needed repair or maintenance, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant may exercise Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesremedies under Section 22.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement
Maintenance and Repairs. 7.1 Tenant shallwill repair and maintain the Leased Premises at Tenants' own expense, and make every repair and replacement which may be needed to maintain the Improvements, water, sewer, pumping and heating systems, plumbing system, electrical wiring system, sprinkler system and air conditioning in good condition and repair as the same shall be on the Commencement Date. Tenant agrees to replace all glass with glazing of the same size and quality of that broken. Tenant shall also maintain and repair at its expense, throughout lawn, landscaping, exterior paving and snow removal where applicable. Notwithstanding any other provision of this Lease, the Term Tenant shall not be required to make any repair to the structural members, including roof, exterior walls, and all renewals and extensions thereoffoundations, maintain in good order, condition and repair of the Premises, including but not limited except to heating such extent such repairs are necessitated by the negligence of Tenant or Tenant's overloading the floor or other structural elements or by Tenant's having made substantial additional improvements to the Premises after the Commencement Date repair and air conditioning equipment, walls, floors maintenance of which shall be the responsibility of the Tenant. As of the commencement Date the Landlord will warrant that all structural and ceilings, window exteriors, mechanical systems of Buildings 1 and electrical systems 2 are in good working order and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlordrepair. Landlord Tenant shall use reasonable efforts to extend to Tenant have the benefit from of all contractor and subcontractor warranties on such items, if any, that have been relative to the Improvements. If the repairs required to be made by Landlord’s contractors Landlord or vendors and to extend to Tenant are not completed within a reasonable time after request for such repair by the other party, Landlord or Tenant, as and if availablethe case may be, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the rightoption to make such repairs after first giving the other party fifteen (15) days notice of its intention to do so, upon notice to Tenant, to undertake the responsibility for preventive maintenance of and any other system or component at Tenant’s expense. Tenant amounts expended by virtue thereof shall be responsible for janitorial services and trash removal added to or subtracted from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during next month's rent in the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance full amount of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesexpenditures.
Appears in 2 contracts
Sources: Lease (Millitech Corp), Lease (Telaxis Communications Corp)
Maintenance and Repairs. 7.1 Tenant shall14.1 CONCESSIONAIRES taking possession of the concession areas shall be conclusive evidence of CONCESSIONAIRE’s acceptance thereof in good, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good sanitary order, condition and repair and with no defects of any sort. CONCESSIONAIRE shall, at CONCESSIONAIRE’s sole cost and expense, throughout the Premisesterm of this Agreement, keep the concession areas in good condition and repair including maintenance, replacement and repairs, which may be necessary, in CITY’s discretion, to the interior of the concession areas, to keep same in the condition delivered to CONCESSIONAIRE on the commencement date hereof, ordinary wear and tear excepted. CONCESSIONAIRE shall promptly make, at CONCESSIONAIRE’s sole cost and expense, all repairs in or to the concession areas property to which CONCESSIONAIRE is responsible.
14.2 CONCESSIONAIRE shall be responsible for the maintenance and upkeep of the concession areas, including but not limited to equipment and fixtures.
14.3 CITY shall maintain, at its sole expense, the maintenance, repair and/or replacement of all currently existing plumbing, pipes, electrical wiring and conduits, heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenantsystems, as well as the maintenance of the existing roof in leak free condition.
14.4 CITY shall provide sufficient written notice to CONCESSIONAIRE of its intent to make repairs such that the making of said repairs does not constitute an inconvenience to CONCESSIONAIRE. CITY, however, shall have no liability to CONCESSIONAIRE, nor shall CONCESSIONAIRE’s covenants and if availableobligations hereunder be reduced or abated in any manner whatsoever by reason of any inconvenience, any bulk buying power that Landlord may have with such contractors annoyance, interruption, or vendors. If injury to business arising from CITY’s making repairs or changes which CITY is required to or permitted to make by this Agreement or required by law, to make in any portion of the Premises Sportsplex, including concession areas. CITY agrees to use its best efforts to not interrupt or any system or equipment interfere with CONCESSIONAIRE’s business in the Premises which Tenant is obligated event repairs or changes are to repair cannot be fully repaired, Tenant shall promptly replace made on the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesSportsplex property.
Appears in 2 contracts
Sources: Concession Agreement, Concession Agreement
Maintenance and Repairs. 7.1 Tenant a. CONCESSIONAIRE shall, at its own cost and expense, throughout during the Term full term of the agreement, keep and maintain the snack bar facility in good order, condition, repair, and in a neat, clean and sanitary condition at all renewals times. CONCESSIONAIRE shall be responsible for the cleaning of all wastepaper, trash, rubbish and extensions thereofdebris accumulated in the snack bar facility.
b. CONCESSIONAIRE shall, at its own cost and expense, maintain all equipment in the snack bar facility in good and sanitary order, condition and repair at all times.
c. CONCESSIONAIRE is responsible for contacting the PremisesDISTRICT concerning lock/key change requests, including but damage to building and surrounding area, and any utility/equipment failure. CONCESSIONAIRE is not limited to heating attempt to correct these issues without written approval from the DISTRICT.
d. The DISTRICT shall not be obligated to make any repairs necessary by the negligence of
e. The DISTRICT reserves the right to enter the snack bar facility occupied by CONCESSIONAIRE at any time for the purpose of inspecting the operation of the concession, or the condition of the snack bar facility. If CONCESSIONAIRE is found to be in violation of any federal, state or county statute, ordinance, law or regulation, this Agreement may be terminated at the option of the DISTRICT.
f. The DISTRICT will provide a set of keys to CONCESSIONAIRE and air conditioning equipmentkeep another set of keys in a safe, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts secure location only to extend to Tenant the benefit from warranties on such itemsbe used, if anynecessary, that have been made for inspections and the like, by Landlord’s contractors or vendors and to extend to Tenantappropriate Management staff. In the event the snack bar must be re-keyed, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion it will be at the expense of the Premises DISTRICT.
g. At the expiration or any system early termination of this Agreement, CONCESSIONAIRE shall deliver possession of the snack bar facility to the DISTRICT. CONCESSIONAIRE pledges and agrees that at the time of expiration or termination, the snack bar and the structures and improvements thereon will be in good, neat and sanitary physical condition, ordinary wear and tear excepted. All injury or damage caused by the removal of CONCESSIONAIRE’S equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallor personal property, at Tenant’s expensethe expiration or early termination of this Agreement, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component repaired at Tenant’s CONCESSIONAIRE’S expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 2 contracts
Sources: Concession Agreement, Concession Agreement
Maintenance and Repairs. 7.1 4. Tenant shall, at its expense, throughout the Term term of this lease, take good care of the demised premises and the fixtures and appurtenances therein, subject to reasonable wear and tear Tenant shall be responsible for all renewals damage or injury to the demised premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premisesthereof, electric light fixtureswhether requiring structural or nonstructural repairs caused by, bulbsor resulting from, tubes and tube casingswillful omission, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesneglect or willful improper conduct of Tenant, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for, or supplied to, Tenant the benefit from warranties on such itemsor any subtenant, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion arising out of the Premises installation, use or operation of the property or equipment of Tenant or any system or equipment in subtenant. Tenant shall also repair all damage to the Premises which Tenant is obligated to repair cannot be fully repairedbuilding and the demised premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the regular inspection (trade or trades in question, selected from a list of at least quarterly) two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorsystems thereof, or for which Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract is responsible, shall be paid performed by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have Owner at the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of the demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating and other systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice of any defective condition in the demised premises for which Owner may be responsible hereunder. Except as set forth herein, there shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises, or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be responsible entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this lease. Tenant agrees that Tenant’s sole remedy at law in such instance will be by law of an action for janitorial services and trash removal damages for breach of contract. Owner agrees to make reasonable efforts to minimize interference with the permitted use. Owner will endeavor to give Tenant reasonable advance notice (which may be oral) of such repairs, alterations, additions or improvements. The provisions of this Article 4 shall not apply in the case of fire or other casualty, which are dealt with in Article 9 hereof. Window Cleaning: 5. Tenant will not clean nor require, permit, suffer or allow any window in the demised premises to be cleaned from the Premisesoutside in violation of Section 202 of the Labor Law or any other applicable law, or of the Rules of the Board of Standards and Appeals, or of any other Board or body having or asserting jurisdiction. Requirements of Law, Fire Insurance, Floor Loads: 6. Prior to the commencement of the lease term , if Tenant is then in possession, and at all times thereafter, Tenant, at Tenant’s sole cost and expense, shall promptly comply with all present and future laws, orders and regulations of all state, federal, municipal and local governments, departments, commissions and boards and any direction of any public officer pursuant to law, and all orders, rules and regulations of the New York Board of Fire Underwriters, Insurance Services Office, or any similar body which shall impose any violation, order or duty upon Owner or Tenant with respect to the demised premises, arising out of Tenant’s particular use or manner of use thereof (as opposed to the permitted use hereunder) or with respect to the building if arising out of Tenant’s particular use or manner of use of the demised premises or the building (as opposed to the permitted use hereunder). Nothing herein shall require Tenant to make structural repairs or alterations or repairs or alterations to the systems to the extent not exclusively servicing the demised premises unless Tenant has, by its manner of use of the demised premises or method of operation therein, violated any such laws, ordinances, orders, rules, regulations or requirements with respect thereto. Tenant may, after securing Owner to Owner’s reasonable satisfaction against all damages, interest, penalties and expenses, including, but not limited to, reasonable attorneys’ fees, by cash deposit or by surety bond in an amount and in a company reasonably satisfactory to Owner, contest and appeal any such laws, ordinances, orders, rules, regulations or requirements provided same is done with all reasonable promptness and provided such appeal shall not subject Owner to prosecution for a criminal offense, or constitute a default under any lease or mortgage under which Owner may be obligated, or cause the demised premises or any part thereof to be condemned or vacated. Tenant shall not do or permit any act or thing to be done in or to the demised premises which is contrary to law, or which will invalidate or be in conflict with public liability, fire or other policies of insurance at any time carried by or for the benefit of Owner with respect to the demised premises or the building of which the demised premises form a part, or which shall or might subject Owner to any liability or responsibility to any person, or for property damage. Tenant shall not keep anything in the demised premises, except as now or hereafter permitted by the Fire Department, Board of Fire Underwriters, Fire Insurance Rating Organization or other authority having jurisdiction, and then only in such manner and such quantity so as not to increase the rate for fire insurance applicable to the building, nor use the demised premises in a manner which will increase the insurance rate for the building or any property located therein over that in effect for the permitted use. Tenant shall pay all costs, expenses, fines, penalties, or damages, which may be imposed upon Owner by reason of Tenant’s failure to comply with the provisions of this article, and if by reason of such failure the fire insurance rate shall, at the beginning of this lease or at any time thereafter, be higher than it otherwise would be, then, Tenant shall reimburse Owner, as additional rent hereunder, for that portion of all fire insurance premiums thereafter paid by Owner which shall have been charged because of such failure by Tenant. In any action or proceeding wherein Owner and Tenant are parties, a schedule or “make-up” of rate for the building or the demised premises issued by the New York Fire Insurance Exchange, or other body making fire insurance rates applicable to said premises shall be conclusive evidence of the facts therein stated and of the several items and charges in the fire insurance rates then applicable to said premises. Tenant shall not place load upon any floor of the demised premises exceeding the floor load per square foot area which it was designed to carry and which is allowed by law. Owner reserves the right to reasonably prescribe the weight and position of all safes, business machines and mechanical equipment. Such installations shall be placed and maintained by Tenant, at Tenant’s expense. Landlord , in settings sufficient, in Owner’s reasonable judgment to absorb and Tenant intend thatprevent vibration, at all times during the Term, Tenant shall maintain the Premises in good order noise and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesannoyance.
Appears in 2 contracts
Sources: Sublease Agreement (Liquid Holdings Group, Inc.), Office Lease (Liquid Holdings Group, Inc.)
Maintenance and Repairs. 7.1 Tenant shallLandlord will maintain all Common Areas and Systems serving the Common Areas, at its expensethe roof, throughout downspouts, gutters, foundation, and the Term exterior walls (and all renewals and extensions thereof, maintain any structural interior walls or other structural elements) of the Building in good orderrepair, condition reasonable wear and repair tear excepted. Tenant will repair, replace and pay for, any damage to the Premisesforegoing caused by the negligence or misconduct of Tenant or any Tenant Party, including but or caused by Tenant’s default hereunder. The term “walls” as used herein will not limited to heating and air conditioning equipmentinclude windows, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casingsglass or plate glass, doors, floor coveringsspecial store fronts or office entries. Tenant will promptly give Landlord written notice of defect or need for repairs, dock doorsafter which Landlord will have reasonable opportunity to repair same or cure such defect. Landlord's liability with respect to any defects, levelersrepairs or maintenance for which Landlord is responsible under any of the provisions of this Lease will be limited to the cost of such repairs or maintenance or the curing of such defect. Tenant will at its own cost and expense maintain, plumbing system repair and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant replace the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion entirety of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required those for which Landlord is expressly responsible under the terms of this Lease) in case of emergencyas good condition as received (ordinary wear and tear excepted), enter the Premises promptly making all necessary repairs and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Lawsreplacements, including including, but not limited to, heating, ventilation, cooling, plumbing, telecommunications, electrical and any other systems (the Marijuana code“Systems”) within or serving the Premises, lighting fixtures, ballasts and bulbs, windows and window treatments, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, and floors and floor coverings within or serving the Premises unless any such damage is caused by parties other than Tenant or a Tenant Party. In Landlord shall insure that the Systems will be in good working order and condition upon the Commencement Date. Landlord shall assign to Tenant all warranties that are legally assignable, and if not assignable, shall cooperate with Tenant to enforce such caseswarranties. Landlord agrees to assign, to the extent legally assignable, any and all manufacturers’ warranties for the Tenant Improvements, directly to the Tenant, which warranties shall include, but not be limited to, warranties for the Systems, which shall be the standard warranties available from the manufacturers. Additionally, Landlord acknowledges and agrees that any replacements made to any Systems, or any material components thereof (during the last 24 months of the then-existing Lease Term), shall be made by Landlord, and amortized over its useful life, and charged as a capital expense under the Operating Expense formula. Subject to compliance with any notice and right to cure provisions contained in this Lease, if Tenant shall fail to fulfill its obligations under this Section, the Landlord may enter upon the area of the Building or the Premises as required to perform the obligations of the Tenant, and will be entitled to reimbursement from the Tenant for its actual costs and expenses in conducting such obligations. The Tenant will reimburse the Landlord immediately for its actual costs and expense promptly upon demand for all costs incurred in performing such maintenance made by the Landlord. The provisions of this subparagraph will not be interpreted to obligate the Landlord to perform obligations of the Tenant. Tenant will not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and will, at its sole cost and expense, promptly repair plus an administration fee equal any damage or injury to 5% of such actual and reasonable costs any demising wall caused by Tenant or expensesany Tenant Party.
Appears in 2 contracts
Sources: Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 2 contracts
Sources: Lease Agreement (Power REIT), Lease Agreement (Power REIT)
Maintenance and Repairs. 7.1 Tenant shall, at its 8.1 At Tenant’s expense, throughout the Term Tenant will keep and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems all fixtures and equipment exclusively serving the Premiseslocated therein, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, except that if any escalators are installed by Tenant or on Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant behalf in connection with the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion buildout of the Premises or any system or equipment TRP Lobby Space as set forth in the Premises which Tenant is obligated to repair cannot be fully repairedSection 9.1 of this Lease (“TRP Escalators”), Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallLandlord, at Tenant’s expense, will maintain the TRP Escalators, in a preventive maintenance contract providing clean, safe and sanitary condition and make all required repairs thereto. At the expiration or earlier termination of the Lease Term, Tenant shall surrender the Premises, broom clean, in the same order and condition in which they are in on the Lease Commencement Date, ordinary wear and tear and unavoidable damage by casualty excepted. Landlord shall install (subject to reimbursement in accordance with Section 4) all replacement tubes for all Building standard fluorescent light fixtures in the Premises. All other bulbs, tubes, and lighting fixtures for the regular inspection (Premises shall be provided and installed by Landlord at least quarterly) Tenant’s cost and maintenance expense and as additional rent.
8.2 Except as otherwise provided as to casualty matters in Section 17 hereof, all injury, breakage, and damage to the Premises and to any other part of the heating and air conditioning system Building caused by a licensed and qualified heating and air conditioning any act or omission of Tenant, or of any agent, employee, subtenant, contractor, customer, client, licensee, guest or other invitee of Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract (each an “Invitee” or collectively, the “Invitees”), shall be paid repaired by Tenant and an at the sole expense solely chargeable to of Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). except that Landlord shall have the right, upon notice to Tenantat its option, to undertake make such repairs and to charge Tenant as additional rent for all costs and expenses incurred in connection therewith. The liability of Tenant for such costs and expenses shall be reduced by the responsibility for preventive maintenance amount of any other system insurance proceeds received by Landlord on account of such injury, breakage, or component at Tenant’s expense. Tenant damage.
8.3 Landlord shall be responsible for janitorial services keep and trash removal from maintain the Premisesexterior and demising walls, at Tenant’s expense. foundations, roof, and common areas that form a part of the Building, and the Building standard mechanical, electrical, HVAC, and plumbing systems, elevators, escalators, windows, pipes and conduits that are provided by Landlord and Tenant intend thatin the operation of the Building or, at all times during the Termon a non-exclusive basis, Tenant shall maintain the Premises in good order clean, safe, sanitary, and operating condition and appearances reasonably commensurate to ensure that the working condition of such items is in accordance with a standard at least equal to the balance level of quality existing on the Effective Date. All common or public areas of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this SectionProject (including, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana codefirst floor lobby area and the exterior landscaping) shall be maintained by Landlord in accordance with standards customarily maintained by first class office buildings in the Baltimore, Maryland area. In such cases, Tenant shall reimburse promptly provide Landlord immediately upon demand with written notice of any defect or need for repairs in or about the Building of which Tenant is aware; provided, however, Landlord’s obligation to repair hereunder shall not be limited to matters of which it has been given notice by Tenant. 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, or internal staircase(s) which may be installed by or at the request of Tenant, supplemental air-conditioning equipment serving the Premises only and all costs incurred in performing such other furniture, furnishings and equipment of Tenant and, except as otherwise expressly set forth herein, all Alterations, including, but not limited to, Renovation Improvements and Base Building Improvements) shall be the sole responsibility of Tenant and shall be deemed not to be a part of the Building structure and systems with respect to maintenance and repair responsibilities; and (b) Landlord shall have no obligation to make any repairs brought about by any act or repair plus an administration fee equal to 5% neglect of such actual and reasonable costs Tenant or expensesany Invitee.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant Landlord shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain -keep in good order, condition order and repair the following: (a) the structural parts of each of the Building that comprise the Premises, including but not limited the foundation, subflooring, floor slab, exterior walls, structural walls, roof, and utilities outside the exterior of each Building and under the floors and floor slabs, together with all interior and/or glass damage due to heating any structural failure or defect, (b) the roof membrane, (c) all paved areas, including parking lot and walkways, and (d) landscaping. Tenant shall promptly notify Landlord in writing of any items which need maintenance or repair. Landlord shall be solely responsible for capital costs and maintenance and repair costs of the structural parts of the Building described in item (a) and for capital costs for the roof membrane. Maintenance and repair costs for items (b) through (d), including routine maintenance and repair costs and capital costs chargeable to Tenant shall be paid by Tenant to Landlord pursuant to the Rider attached hereto. Tenant shall maintain and repair all interior portions of the Demised Premises including all interior non-structural walls, ceilings, lighting, floor coverings, glass, heating, ventilating and air conditioning equipment, wallselevators, floors and ceilings, window exteriors, mechanical and interior electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, except when such damage results from any structural failure or defect. Tenant shall furnish its own cleaning services, trash removal and maintenance of the HVAC system and elevators. Upon notification by Tenant’s signs , Landlord shall promptly repair any damage to or defect in the Premises and utility facilities the Building; provided, however, that if such damage is occasioned by fault or neglect of the Tenant (except as provided in paragraph 16 hereof) and there shall not maintained by Landlordbe in effect at the time such damage occurred a policy or policies of insurance insuring Landlord against any loss resulting from such damage, then Tenant shall reimburse Landlord for the reasonable actual cost of repairs or if the proceeds of such insurance are insufficient to cover such cost, then Tenant shall reimburse Landlord the difference between such cost and the proceeds which Landlord received. Landlord shall use reasonable efforts to extend to Tenant ensure that, as of the benefit from warranties on such itemsCommencement Date, all existing building systems, if any, that have been made by Landlord’s contractors or vendors shall be in good working order. Tenant hereby waives all rights under and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion benefit of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repairedprovisions of Sections 1932 (1), Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) 1941 and maintenance 1942 of the heating California Civil Code and air conditioning system by a licensed and qualified heating and air conditioning contractorany similar or successor law, statute or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system ordinance now or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenseshereafter enacted.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant (a) L andlord’s Obligation: Landlord shall, throughout the Lease Term, do the following at Landlord’s sole cost and expense:
(1) Keep and maintain the Fairgrounds, taken as a whole, and each component thereof, respectively taken as a whole, in a reasonable and safe and perform all Maintenance and all Capital Repairs, or cause the performance of all Maintenance and all Capital Repairs, necessary to accomplish the foregoing;
(2) Maintain and keep, or cause to be maintained and kept, the Fairgrounds in accordance with Section 6.09 above given the nature and use of the Fairgrounds on the Effective Date.
(3) Landlord shall provide any Maintenance to the Coolers, but shall not be required to replace the Coolers.
(b) Section 6.10 shall not apply, and Landlord shall have no obligation with respect to, Tenant’s Office, and Tenant, at its own cost and expense, throughout the Term shall provide maintenance to Tenant’s Office as may be necessary or appropriate to keep Tenant’s Office space clean and all renewals and extensions thereof, maintain in good ordercondition, condition ordinary wear and repair tear excepted, for the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises purposes for which Tenant is obligated has been granted the right to repair cannot be fully repaired, use and occupy the same.
(c) T enant’s Obligation: Tenant shall promptly replace pay any utility charges necessary to operate the same, regardless of whether Fairgrounds during the benefit of such replacement extends beyond the TermCounty Fair Period and Tenant Events. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the rightoption to remove Coolers (or relocate the Building W Cooler) at any time prior to the 2013 County Fair, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash coordinate the removal from the Premisesof Coolers with Landlord so as to minimize damage to facilities. Additionally, at Tenant’s expense. Landlord and Tenant intend that, at all times during the TermCounty Fair, Tenant shall be obligated to provide cleaning in accordance with Section 6.09 above, maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the PropertyTenant’sOffice. All of Tenant’s obligations to maintain Maintenance and repair Capital Repair Work shall be accomplished at Tenant’s the sole expenseresponsibility of Landlord. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall obligated to reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance any damage to the Fairgrounds resulting directly from the County Fair during the County Fair or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesany Tenant Event.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant agrees that the Premises are then in a good and tenantable condition except for Landlord’s then remaining construction obligations under Exhibit B, if any. During the Term, Tenant at Tenant’s expense but under the direction of Landlord, shall keep the Premises, in a clean, safe and orderly condition, including without limitation, providing its own interior janitorial services (including without limitation, changing light bulbs, janitorial supplies and equipment and garbage removal and disposal), and shall repair and maintain the Premises, in a first class condition including, but not limited to, all repair and replacement of plate glass (for clarity, Tenant shall be responsible for broken glass or broken windows because of damage caused by Tenant or third parties (other than Landlord or its employees, agents or contractors) but Tenant shall not be responsible for defective or failed window systems), interior doors and any special office entries, floor covering, truck doors, dock bumpers, dock plates and levelers, interior ceilings, plumbing and electrical work and fixtures, skylights, smoke hatches and roof vents, hot water heaters, and HVAC equipment within or solely serving the Premises. Tenant shall, at its own expense, throughout enter into a regularly scheduled preventive maintenance service contract with a maintenance contractor for servicing all hot water, HVAC systems and equipment within or solely serving the Term Premises. The maintenance contractor and the contract must be approved by Landlord, which shall not be unreasonably withheld, conditioned or delayed. The service contract must include all renewals services suggested by the equipment manufacturer within the operation/maintenance manual and extensions thereofmust become effective and a copy thereof delivered to Landlord within thirty (30) days of the Commencement Date. Tenant understands that Tenant shall at Tenant’s expense also perform necessary pest extermination and regular removal of trash and debris. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole expense, immediately repair any damage to any demising wall caused by Tenant or its employees, agents or invitees.
7.2 Landlord shall maintain or cause to be maintained in reasonably good order, condition and repair repair, the structural portions of the Building, the roof, foundations, floors and exterior doors, windows and walls of the Building, that portion of the Building Systems serving more than the Premises, including but not limited to heating and air conditioning equipmentthe Common Areas of the Project, wallsLandlord also shall be responsible for repairs, floors replacement and ceilingsmaintenance of all hot water, window exteriors, mechanical and electrical HVAC systems and equipment exclusively not within or solely serving the Premises, electric light fixturesif any; provided, bulbshowever, tubes Landlord may recover the cost of such work from the tenants utilizing such shared HVAC systems and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained equipment to the extent Landlord equitably pro-rates such costs among such tenants in a manner reasonably determined by Landlord. Landlord shall use also be responsible for maintenance of grounds, parking areas and walkways including plowing and shoveling snow accumulations of more than one inch within a reasonable efforts time frame. All costs incurred by Landlord under this Section 7.2, except repairs and replacements of structural portions of the Building and except roof replacements and except as otherwise provided herein regarding HVAC as provided above, shall be reimbursed to extend to Tenant the benefit from warranties on such itemsLandlord as part of Operating Costs; provided, if anyhowever, that have been made Tenant shall pay the cost of repairs for any damage occasioned by LandlordTenant’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion use of the Premises or the Property or any system act or equipment in omission of Tenant or Tenant’s Representatives or Tenant’s Visitors, to the Premises which Tenant is obligated extent (if any) not covered by Landlord’s property insurance. Landlord shall be under no obligation to repair cannot be fully repaired, inspect the Premises. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable report in writing to Tenant; but if Landlord so elects, same may be billed directly by Landlord any defective condition known to Tenant where which Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether is required to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesrepair.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by LandlordL▇▇▇▇▇▇▇’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided provided, such entry is made in compliance with all Applicable Laws, including but not limited to, the Marijuana codeCode. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to five percent (5% %) of such actual and reasonable costs or expenses.
Appears in 1 contract
Sources: Lease Agreement (Power REIT)
Maintenance and Repairs. 7.1 Tenant shall(A) Lessor and Lessee agree to work together to minimize the effect of any maintenance or repairs on Leases's operation. Lessor agrees not to take a vehicle out of serve during normal working hours without furnishing a substitute vehicle as provided in Section (C) hereof.
(B) Lessor shall perform all maintenance and repairs as may be required or deemed necessary by Lessor, in Lessor's complete discretion. If Lessor deems it advisable, any such maintenance or repairs may be performed at such location as described on Schedule A and by such persons as Lessor shall designate. Lessee agrees to make each leased vehicle available for purposes of performing maintenance and repairs. Lessee agrees to require each driver to make all complaints or suggestions relative to any faulty operation or other trouble with any leased vehicle in writing, or on such forms as may from time to time be supplied by Lessor, whenever such vehicle is delivered for maintenance or repair service as aforesaid. Lessor agrees to respond reasonably to any such complaints or suggestions.
(C) Lessor agrees to fulfill maintenance and repair obligations within a reasonable time following delivery of any leased vehicle. If it is impractical In Lessor's opinion to repair any leased vehicle with reasonable promptness, Lessor shall temporarily substitute another vehicle. If it is determined that repeated mechanical problems make a vehicle uneconomical to continue to repair, then Lessor will permanently substitute another vehicle of like kind and quality. If Lessor permanently replaces a leased vehicle prior to the last year of this lease term the replacement vehicle will be redecaled and the cost will be shared equally between the parties. A vehicle shall not be construed to be out of service due to disablement during periods when normal maintenance or nominal repair is being performed. Lessor shall incur no liability to Lessee for failure to repair any disable vehicle if prevented by causes reasonably beyond the control of Lessor.
(D) In the event that emergency service or repair is required which service or repair would be Lessor's responsibility pursuant to this lease, and if it would not be feasible for Lessor to perform such work, Lessee will arrange with the person or establishment performing such emergency service or repairs and to forward the ▇▇▇▇ directly to Lessor for reimbursement. Lessor shall be under no obligation to pay for any such work exceeding a cost limit of $100 unless its prior consent was first requested and obtained.
(E) Lessor shall provide the following services for each leased vehicle:
(1) Oil changes and lubrications, antifreeze, tire change, tires and tubes, and other necessary supplies used in the normal, safe and efficient operation of the vehicles;
(2) All repairs and maintenance including parts and labor which may be needed to maintain vehicles in a safe operating condition;
(3) Original painting at time of delivery according to Lessee's specifications.
(F) Washing of vehicles shall be the responsibility of Lessor and shall be performed every two weeks, exterior only. Current costs to wash vehicles are indicated on side two of the Schedule A. Additional costs Incurred will be the responsibility of the Lessee.
(G) Lessor shall reimburse Lessee's drivers for income loss due to vehicle breakdown after the first four (4) hours providing all of the following conditions are met:
(1) The breakdown was caused by mechanical malfunction or tire failure;
(2) The breakdown was not caused in whole or in part by driver negligence or abuse;
(3) Lessor is immediately notified of such breakdown;
(4) Lessee instructs driver to go "off duty" whenever feasible and whenever possible; and
(5) Lessee presents Lessor with a written notice with accompanying documentation concerning all of the above conditions within thirty (30) days following the date of breakdown.
(H) Lessee is responsible for all fuel costs relating to the operation of all leased vehicles. Lessor will endeavor to provide, at its expensefacilities, throughout fuel available for purchase by Lessee for the Term and leased vehicles at a price to be agreed upon by the parties. Lessee shall at all renewals and extensions thereof, maintain in good order, condition and repair times keep the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment oil in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace crankcase at the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection proper level.
(at least quarterlyI) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant Lessor shall be responsible for janitorial services maintaining oil and trash removal from water levels in the Premises, at Tenant’s expense. Landlord refrigeration units.
(J) Lessee agrees to pay a $25 processing fee for windshield or other minor outside repairs that are handled and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required billed by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesLessor.
Appears in 1 contract
Maintenance and Repairs. 7.1 (a) Tenant shall, at its expense, throughout shall keep and maintain the Term Demised Premises in a neat and all renewals and extensions thereof, maintain in good order, condition and repair orderly condition. Tenant shall not use or permit the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If of any portion of the common areas for other than their intended use.
(b) Landlord, throughout the term of this Lease, shall make all necessary repairs to the Premises and other improvements located on the Premises, including, without limitation, all building systems, structural items, common areas, and mechanical systems serving the Demised Premises, all costs of which shall be included in Annual Operating Costs to be paid by Landlord at its sole cost and expense. In addition, Landlord shall perform any maintenance or make any repairs to the building as Landlord shall deem necessary for the safety, operation or preservation of the building or as Landlord may be required to do by the City of Reading or by the order or decree of any court or by any other proper authority. Landlord shall keep and maintain all common areas of the Premises and any sidewalks, parking areas, curbs and access ways adjoining the Premises in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition.
(c) Repairs and replacements to the Premises arising out of or caused by ▇▇▇▇▇▇’s use, manner of use or occupancy of the Demised Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at by Tenant’s expenseinstallation in or upon the Demised Premises or by any act or omission of Tenant or any employee, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning agent, contractor, or invitee of Tenant shall perform such HVAC inspection be made at the sole cost and maintenance with duly licensed and qualified employeeexpense of Tenant. The cost Tenant shall not bear the expense of such preventive maintenance contract shall be paid any repairs or replacements to the Premises arising out of or caused by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on any other Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on use, manner of use or occupancy of the Premises or by any other Tenant’s behalf). Landlord shall have installation in or upon the rightPremises, upon notice to Tenant, to undertake the responsibility for preventive maintenance or by any act or omission of any other system Tenant or component at any other Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premisesemployees, at Tenant’s expense. Landlord and Tenant intend thatagents, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance contractors or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesinvitees.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term term of this lease, take and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of (lie building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant. Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any set-off or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 1 contract
Sources: Office Lease (Paligent Inc)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout agrees to maintain the Term and all renewals and extensions thereof, maintain Premises in reasonably good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. immediately notify Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors should any minor or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot other repairs be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseneeded. Tenant shall be responsible for janitorial services monitoring the working order of all smoke detectors and trash removal from fire alarm systems in the Premises; and shall promptly advise Landlord in writing of any part if said system becomes inoperable. Major repairs necessary to the Premises shall be reported promptly by Tenant to Landlord in writing and shall be performed by Landlord within a reasonable time. Tenant shall notify Landlord immediately of any emergency repairs necessary to the Premises. If in Landlord's judgment there is substantial damage to the Premises, at Landlord may terminate this lease by giving written notice to Tenant and the Rent shall be prorated and the balance refunded to Tenant, less lawful deductions. Tenant shall pay Landlord for any property damage and/or cost of repairs to the Premises or appliances therein caused by the negligence or improper use by Tenant, Tenant’s expenseguests or other occupants. Landlord and Tenant intend thatWithout limitation, the disposal of women’s feminine hygiene products, coffee grounds, rice, cooking grease, or any other object that does not constitute normal material in the waste/sewer system at all times during the Term, Premises shall be negligent/improper use of the Premises. Tenant shall maintain Premises’ good appearance, insure safety on the Premises, and inform the Landlord if any safety problems arise that Tenant cannot quickly and reasonably remedy as Tenant. Tenant shall be responsible to reimburse and pay Landlord for the costs of any repair/service calls that are scheduled with Tenant and for which Tenant at the time of such repair/service call, and for forty- five (45) minutes thereafter are unavailable at the Premises for such repair/service call. Without limiting the generality of the foregoing, Tenant shall: o Be completely responsible for payment of all necessary treatments to eradicate bed bugs if found at the Premises and if their presence, as solely determined by a pest-control professional, was likely due to the action(s), intentional or unintentional, of the Tenant or any person associated with Tenant (family member, friend, etc…) o Be solely responsible for payment of all non-termite pest control services outside of the Premises’ normal monthly pest-control sprayings if, as solely determined by a pest-control professional, that the probable cause for the presence of pests is Tenant’s excessive dirtiness. Landlord shall have no obligation whatsoever to pay for non-termite pest control services at the Premises other than the regular pest- control sprayings. o Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; o Not obstruct or cover the windows or doors; o Not leave windows or doors in an open position during any inclement weather; o Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and condition repair and appearances reasonably commensurate with shall use same only for the balance purposes for which they were constructed. Tenant shall use mesh strainers in kitchen sink, bathroom sink(s), and bathtub(s) to prevent excessive hair build up in drain pipes. Tenant shall notify Landlord immediately about any drain pipe that is draining slowly or clogged. Tenant’s failure to use mesh strainers and/or notify Landlord about a drain pipe not functioning properly shall constitute negligence / improper use of Premises. Tenant shall pay Landlord for any property damage and/or cost of repairs to the PropertyPremises or appliances therein caused by the negligence or improper use by Tenant, Tenant’s guests or other occupants relative to plumbing. All Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse (example: not using mesh strainers) shall be borne by Tenant; o Deposit all trash, garbage, rubbish or refuse in the locations provided therefore and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; o Reimburse Landlord for any damages that are a result of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair negligence, carelessness, fault, intentional act, or misconduct; o Promptly file a police report if the Premises as required is damaged in any way by this Sectionan unknown person. Failure to file a police report and provide a copy to Medical View Properties, Landlord may, on 10 days’ prior written notice (except that no notice shall be required LLC in case a timely manner will result in the Tenant being charged for the damage to Premises o Keep inside of emergency), enter the Premises at a temperature sufficiently high enough to prevent freezing of water in the pipes and perform such maintenance fixtures inside the leased Premises o Not create or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, maintain or allow others to create or maintain any nuisances including but be not limited toto loud noises, sound effects, offensive odors, smoke or dust on or about the Marijuana code. In such casesleased Premises, and that Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenseswill commit no waste.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term term of this lease, take good care of the demised premises and the fixtures and appurtenances therein. Tenant shall be responsible for all renewals damage or injury to the demised premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving thereof, whether requiring structural or nonstructural repairs caused by, or resulting from, the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesnegligence or willful misconduct of Tenant, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for, or supplied to, Tenant the benefit from warranties on such itemsor any subtenant, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion arising out of the Premises installation, use or operation of the property or equipment of Tenant or any system or equipment in subtenant. Tenant shall also repair all damage to the Premises which Tenant is obligated to repair cannot be fully repairedbuilding and the demised premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the regular inspection (trade or trades in question, selected from a list of at least quarterly) two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorsystems thereof, or for which Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract is responsible, shall be paid performed by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have Owner at the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of the demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises and shall keep the roof and windows within the Premises free from leaks and the windows operable. Anything contained herein to the contrary notwithstanding, except by reason of a fire or other casualty, Owner shall not be required to make any repairs caused by the negligence or willful misconduct of Tenant or Tenant’s agents, contractors, invitees or employees. Tenant agrees to give prompt notice of any defective condition in the demised premises for which Owner may be responsible hereunder. There shall be responsible no allowance to Tenant for janitorial services diminution of rental value and trash removal no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the Premisesbuilding or the demised premises or in and to the fixtures, at Tenant’s expenseappurtenances or equipment thereof, except as otherwise expressly set forth herein. Landlord and Tenant intend that, at all times during the TermIt is specifically agreed that except as hereinafter otherwise expressly provided, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the balance covenants of the Propertythis or any other article of this lease. All of Tenant’s obligations to maintain and repair shall be accomplished at Except as otherwise expressly set forth herein, Tenant agrees that Tenant’s sole expenseremedy at law in such instance will be by way of an action for damages for breach of contract. If Tenant fails to maintain and repair The provisions of this Article 4 shall not apply in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency)fire or other casualty, enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 1 contract
Sources: Office Lease (PCI Media, Inc.)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant. Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord Owner shall maintain in good working order and repair [4A] the exterior and the structural portions of the building, including the structural portions of its demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant intend thatagrees to give prompt notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, at all times during annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the Termbuilding or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the balance covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana codeArticle 9 hereof. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.Window Cleaning:
Appears in 1 contract
Sources: Office Lease (Edison Schools Inc)
Maintenance and Repairs. 7.1 10.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order Lease Term and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole cost and expense, maintain, repair and replace all parts of the Premises (excluding only the foundation, the roof structure, and the load-bearing portions of load-bearing walls), including, without limitation, all Building systems, the roof membrane, all of Tenant’s signs, all windows, doors, truck doors, and other penetrations in the outer walls of the Premises, all loading docks and lifts that serve the Premises, floor coverings, ceilings, elevators, all HVAC equipment and systems and all other mechanical, electrical, plumbing, lighting, lifesafety, and utility systems, equipment, conduits, pipes, ducts, and lines, and all fixtures and appliances in as good order and operating condition as received, ordinary wear and tear and damage thereto by fire or other casualty or by condemnation excepted. Tenant will also repair, or reimburse Landlord for, any blockage of or damage to the sewer lines and sewer system at the Building that results from anything that enters the sewer lines from the Premises that should not reasonably enter the sewer lines. Tenant will provide and pay for all garbage removal from the Premises. If Landlord designates a garbage removal service for the Building, Tenant will use that service and pay Tenant’s Percentage Share of the cost on the first day of each calendar month in advance. Tenant will perform all repairs and replacements with first-class materials and with first-class workmanship. Tenant will, at Tenant’s sole cost, maintain throughout the Lease Term a regularly scheduled preventative maintenance and service contract or contracts with a contractor or contractors specializing and experienced in the maintenance of HVAC equipment, for the maintenance of the HVAC systems. The maintenance and service contract shall include all services suggested by the equipment manufacturer (including requiring that the filters be changed at least every 60 days) and shall become effective (and Tenant shall deliver a copy to Landlord) within thirty (30) days after the Commencement Date. Tenant shall at all times maintain the HVAC systems in compliance with all applicable federal, state and local laws. If a leak occurs in any portion of the HVAC systems, Tenant shall promptly repair such leak in compliance with all applicable federal, state and local laws and complete such repairs within any deadline imposed by such federal, state or local laws. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees and disbursements, arising from or related to any failure by Tenant to maintain the HVAC systems in compliance with all applicable federal, state and local laws or any failure by Tenant to repair any leak in any portion of the HVAC systems in compliance with all applicable federal, state and local laws. If Tenant fails replaces any part or component of the HVAC systems and receives a warranty from the manufacturer or a guaranty by the installer, Tenant shall furnish a duplicate original of each such warranty and guaranty to maintain Landlord. Tenant shall, at the end of the term of this Lease, surrender to Landlord the Premises with the HVAC systems in as good condition and repair working order as received. Notwithstanding the provisions of this section 10.1 to the contrary, if any portion of the HVAC systems need to be replaced, Tenant, at Tenant’s option, shall either replace such HVAC system or require Landlord, upon thirty (30) days’ notice to Landlord, to replace the HVAC systems, in which case Tenant will reimburse Landlord for the cost incurred by Landlord in replacing such HVAC systems within thirty (30) days following demand from Landlord; provided, however, that any capital repairs or replacements of the HVAC systems shall be reasonably amortized as determined by Landlord over the remaining term of this Lease, together with interest at the rate of seven percent (7%) per annum. Tenant hereby waives all rights under California Civil Code section 1941 and all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises as required provided by this SectionCalifornia Civil Code section 1942 or any other law, statute or ordinance now or hereafter in effect. Landlord mayhas no obligation and has made no promise to alter, on 10 days’ prior written notice (except that no notice remodel, improve, repair, maintain, decorate or paint the Premises or the Building or any part thereof or any equipment, fixtures or improvements therein.
10.2 Landlord shall maintain the foundation, roof, exterior face of exterior walls, and the loadbearing portions of load-bearing walls of the Building, in reasonably good order and condition. Any damage in or to any such areas or elements caused by Tenant or any agent, employee, contractor, licensee or invitee of Tenant shall be required in case of emergency), enter the Premises repaired by Landlord at Tenant’s expense and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand therefor on demand, as additional rent. Landlord shall not be liable for all costs incurred in performing such maintenance any criminal acts of others or repair plus an administration fee equal for any direct, consequential or other loss or damage related to 5% any malfunction, circumvention or other failure of such actual and reasonable costs any access control service, device or expensespersonnel.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlordfacilities. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects. Should Tenant fails to perform such preventative maintenance, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon thirty (30) days’ notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice and subject to Tenant’s Access Requirements (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana codeAct. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 1 contract
Sources: Lease Agreement (Power REIT)
Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant shallagrees that the Premises are then in a good and tenantable condition. Notwithstanding the foregoing, prior to the Commencement Date Landlord shall cause the following systems (the “MEP Systems”) to be inspected and placed in good working order and repair: (i) electrical, (ii) plumbing, and (iii) heating, ventilating and air-conditioning. If, during the first sixty (60) days of the Term, any MEP System is not in the condition required by the foregoing sentence, Tenant shall notify Landlord, of the need for repair within sixty (60) days following the Commencement Date, and the repair shall be promptly be completed by Landlord at its expense, throughout no cost to Tenant. Landlord hereby assigns to Tenant all warranties with respect to the Term Premises which would reduce Tenant’s maintenance obligations hereunder and shall cooperate with Tenant to enforce all renewals and extensions thereofsuch warranties. Tenant shall be responsible to clean, maintain in good order, condition and repair the Premises, including providing janitorial services and disposal of trash; and to that end, during the Term, Tenant, at Tenant’s expense but not limited to heating under the direction of Landlord, shall repair and maintain the Premises, including, without limitation, any elevator, the heating, ventilating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical system or systems and equipment exclusively serving the Premises, electric light the electrical and plumbing systems serving the Premises, including the lighting and plumbing fixtures, bulbsthe restrooms serving the Premises, tubes interior stairways in the Premises, the interior and tube casingsexterior glass, doorsplate glass skylights, interior walls, floor coverings, dock doorsceiling, levelers(ceiling tiles and grid). Tenant Improvements, plumbing system Alterations, fire extinguishers, outlets and fixtures, and any appliances (including dish washers, 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. With respect to the electrical and plumbing fixturessystems serving the Premises, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services the maintenance and trash removal repair of any such systems only to the point where such systems join a main or other junction (e.g., sewer main or electrical transformer) serving more than one user. On or before the Commencement Date Tenant shall provide Landlord with a copy of a service contract with a licensed commercial Heating, Ventilating and Air-conditioning maintenance company (which contract and company shall be subject to Landlord’s prior reasonable approval), to maintain, on an ongoing basis (at least quarterly), the heating, ventilating and air-conditioning system serving the Premises. In addition to the foregoing, Tenant acknowledges that the sewer piping at the Development is made of ABS plastic. Accordingly, without Landlord’s prior written consent, which consent may be granted or withheld in Landlord’s sole discretion, Tenant shall allow only ordinary domestic sewage to be placed in the sewer system from the Premises. UNDER NO CIRCUMSTANCES SHALL TENANT EVER PLACE, OR ALLOW TO BE PLACED, ANY ESTERS OR KETONES (USUALLY FOUND IN SOLVENTS TO CLEAN UP PETROLEUM PRODUCTS) IN THE DRAINS OR SEWER SYSTEM, FROM THE PREMISES.
7.2 Landlord shall (a) 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, and the public and common areas outside of the Building, (b) wash the exterior windows of the Building on a periodic basis, (c) caulk exterior window joints and concrete slabs and (d) paint the exterior of the Building, all of which shall be included as a part of Operating Costs, subject to the terms and conditions contained in Section 3.2 of this Lease. 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), 1.941 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’s expense. Landlord , and without constituting an eviction, constructive or otherwise, or entitling Tenant intend that, at all times during the Term, to any abatement of rent or to terminate this Lease or otherwise releasing Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All from any of Tenant’s obligations under this Lease:
(a) To make alterations, additions, repairs, improvements to maintain or in or to decrease the size of area of, all or any part of the Building, the fixtures and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain equipment therein, and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice Building Systems (except that no notice Landlord shall not have any right under this provision to reduce the size of the Premises, or to permanently, materially and adversely affect Tenant’s access to and use of the Premises, except only as may be required to comply with Laws or as a result of any fire or other casualty or Condemnation);
(b) To change the Building’s name or street address;
(c) To install and maintain any and all signs on the exterior and interior of the Building;
(d) To reduce, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature of the common areas (including the Parking Facility) and other tenancies and premises in case the Property and to create additional rentable areas through use or enclosure of emergencycommon 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 use or conservation of energy or utilities or the reduction of automobile or other emissions or reduction or management of traffic or parking on the Property (collectively “Controls”), enter to comply with such Controls, whether mandatory or voluntary, or make any alterations to the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesProperty related thereto.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the TermLease Term and at Tenant’s sole cost and expense, Tenant shall maintain maintain, repair and replace all parts of the Premises (excluding only the entire structural envelope of the Building, the foundation, the roof, the exterior face of exterior walls, all windows and glazing, main sewer line, and the load-bearing portions of load-bearing walls, parking area and sidewalks), including, without limitation, all Building systems, all of Tenant’s signs, doors, truck doors, and other penetrations in the outer walls of the Premises, all loading docks and lifts that serve the Premises, floor coverings, ceilings, elevators, all HVAC equipment and systems and all other mechanical, electrical, plumbing, lighting, life-safety, and utility systems, equipment, conduits, pipes, ducts, and lines, and all fixtures and appliances in good order and condition operating condition, ordinary wear and appearances reasonably commensurate tear and damage thereto by fire or other casualty excepted. Tenant will also repair, or reimburse Landlord for, any blockage of or damage to the sewer lines and sewer system at the Building that results from anything that enters the sewer lines from the Premises; provided, Landlord shall otherwise be responsible for the sewer lines. Tenant will provide and pay for all garbage removal from the Premises, as well as janitorial services for the Building. Tenant will perform all repairs and replacements with the balance of the Propertyfirst-class materials and with first-class workmanship. All of Tenant’s obligations to maintain and repair shall be accomplished Tenant will, at Tenant’s sole expensecost, maintain throughout the Lease Term a regularly scheduled preventative maintenance and service contract or contracts with a contractor or contractors specializing and experienced in the maintenance of HVAC equipment, for the maintenance of the HVAC systems. The maintenance and service contract shall include all services suggested by the equipment manufacturer (including requiring that the filters be changed at least every 60 days) and shall become effective (and Tenant shall deliver a copy to Landlord) within thirty (30) days after the Expansion Premises Commencement Date. Tenant shall at all times maintain the HVAC systems in compliance with all applicable federal, state and local laws. If a leak occurs in any portion of the HVAC systems, Tenant shall promptly repair such leak in compliance with all applicable federal, state and local laws and complete such repairs within any deadline imposed by such federal, state or local laws. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees and disbursements, arising from or related to any failure by Tenant to maintain the HVAC systems in compliance with all applicable federal, state and local laws or any failure by Tenant to repair any leak in any portion of the HVAC systems in compliance with all applicable federal, state and local laws. If Tenant fails replaces any part or component of the HVAC systems and receives a warranty from the manufacturer or a guaranty by the installer, Tenant shall furnish a duplicate original of each such warranty and guaranty to maintain Landlord. Tenant shall, at the end of the term of this Lease, surrender to Landlord the Premises with the HVAC systems in good condition and repair working order. Notwithstanding the provisions of this section 10.1 to the contrary, Landlord may at any time, upon thirty (30) days’ notice to Tenant, assume maintenance of the HVAC systems, in which case Tenant will reimburse Landlord for the cost incurred by Landlord in maintaining, repairing and replacing such HVAC systems within thirty (30) days following demand from Landlord; provided, however, that any capital repairs or replacements of the HVAC systems shall be reasonably amortized as determined by Landlord and consistent with prudent real property management practices for comparable buildings in the San Diego area, together with interest at the rate of ten percent (10%) per annum. Tenant hereby waives all rights under California Civil Code section 1941 and all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises as required provided by this SectionCalifornia Civil Code section 1942 or any other law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, maintain, decorate or paint the Premises or the Building or any part thereof or any equipment, fixtures or improvements therein. ./-/11-17-20// EXHIBIT A-3- ▇▇▇▇▇▇▇▇▇ / 500209.0017
7.2 Landlord shall maintain (i) the entire structural envelope of the Building, (ii) foundation, (iii) roof, (iv) exterior face of exterior walls, (v) all windows and glazing, (vi) main sewer line, (vii) the load-bearing portions of load-bearing walls of the Building, (viii) parking area and sidewalks, (ix) landscaping, and (x) all back flow preventers (BFPs) and post indicating valves (PIVs) for the main fire service, main domestic water, and main landscape irrigation, all in reasonably good order and condition. In connection with such maintenance obligations, Landlord mayshall cause the following to be performed:
(a) exterior walls of the Building to be painted no less than is reasonably required to maintain such walls in good condition;
(b) replacement of the roof, on 10 days’ prior written notice glazing joints and concrete tilt up panel joints, as needed;
(except that no notice c) maintain the parking surfaces and lighting, asphalt slurry and stripe, and grind, re-lay, slurry stripe as often as is reasonably required in order to maintain the same in good condition; and
(d) repair sidewalks damaged or heaved by tree roots, weather, etc., as needed. Notwithstanding the foregoing, any damage in or to any such areas or elements caused by Tenant or any agent, employee, contractor, licensee or invitee of Tenant shall be required in case of emergency), enter the Premises repaired by Landlord at Tenant’s expense and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand therefor on demand, as additional rent. Landlord shall not be liable for all costs incurred any criminal acts of others or for any direct, consequential or other loss or damage related to any malfunction, circumvention or other failure of any access control service, device or personnel. ./-/11-17-20// ▇▇▇▇▇▇▇▇▇ / 500209.0017 EXHIBIT A The undersigned, Dexcom, Inc., a Delaware corporation (“Tenant”), hereby certifies to NR THE CANYONS LLC, a Delaware limited liability company, and its affiliates, successors and assigns (“Buyer”) and any lenders and their successors and assigns that provide Buyer financing in performing such maintenance or repair plus an administration fee equal connection with the Property (as defined below) as follows, with respect to 5% that certain lease between Tenant and GC Pacific Center Court Owner, LLC, a Delaware limited liability company (“Landlord”), dated January 31, 2020, as amended by First Amendment to Lease dated November 17, 2020 between Tenant and Landlord (as amended, the “Lease”) of such actual and reasonable costs or expenses.a portion of that certain real property located at ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (the “Property”):
Appears in 1 contract
Sources: Lease (Dexcom Inc)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. it is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana codeArticle 9 hereof. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.3 WINDOW CLEANING:
Appears in 1 contract
Sources: Office Lease (Launch Media Inc)
Maintenance and Repairs. 7.1 (a) Tenant shall, throughout the term of this Lease, take good care of the Premises and the fixtures and appurtenances therein. Tenant shall be responsible for all damage or injury to the Premises or any other part of the Building and the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from the negligence or willful misconduct of Tenant, Tenant’s subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the installation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the Building and the Premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly make, at its Tenant’s expense, throughout all repairs in and to the Term Premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least three contractors per trade submitted by Landlord or other reputable contractor approved by Landlord, provided, that such contractors submitted or approved by Landlord shall charge market rates on industry standard terms and all renewals conditions. Any other repairs in or to the Building or the facilities and extensions thereofsystems thereof for which Tenant is responsible shall, if Tenant fails to begin making such repairs within five (5) Business Days of written notice, be performed by Landlord at the Tenant’s expense, at commercially reasonable and competitive charges (except for emergency repairs, for which no notice shall be required). Landlord shall maintain in good order, condition working order and repair the exterior and the structural portions of the Building, including the structural portions of its Premises, including but not limited to heating and the public portions of the Building interior and the Building plumbing, electrical, heating, air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical ventilating systems and equipment exclusively serving the PremisesPremises and shall be responsible for repair of any damage to the Premises for which Tenant would otherwise be responsible if caused by the willful acts or gross negligence of Landlord or its agents or contractors. Tenant agrees to give prompt notice of any defective condition in the Premises of which Tenant becomes aware for which Landlord may be responsible hereunder. Except as expressly set forth in this Lease, electric light there shall be no allowance to Tenant for diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord or others making repairs, alterations, additions or improvements in or to any portion of the Building or the Premises or in and to the fixtures, bulbsappurtenances or equipment thereof. Except as expressly set forth in this Lease, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, it is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Landlord to comply with the covenants of this Lease. Tenant agrees that Tenant’s signs and utility facilities sole remedies at law in such instance will be (a) by way of an action for damages for breach of contract or (b) causing such repairs to be made at Landlord’s expense. The provisions of this Article 5 shall not maintained by Landlord. apply in the case of fire or other casualty which are dealt with in Article 13 hereof.
(b) Landlord shall use reasonable efforts to extend perform any work under this Lease expeditiously and in a manner designed to Tenant minimize interference with Tenant’s normal business operations in the benefit from warranties on such itemsPremises; and, if anyexcept in the case of emergency, upon reasonable notice to Tenant; provided, however, that in no event shall Landlord be obligated to perform any such work on an overtime basis. Upon the completion of any such work by Landlord as provided in this Article 5, the rentable area of any floor of the Premises shall not have been made reduced except to a de minimis extent unless required by Landlord’s contractors or vendors law, and Landlord agrees to extend to Tenantrepair, as and if availableat its expense, any bulk buying power that Landlord may have with damage to the Premises resulting from such contractors or vendorswork to the condition existing immediately prior to the performance thereof. If Landlord fails to make any repair or provide any service Landlord is obligated to provide under this Lease and as a result thereof, Tenant shall not be able to use all or substantially all of the Premises for a period of five (5) consecutive Business Days or more after notice thereof to Landlord, then Tenant shall be entitled to an abatement of rent with respect to the Fixed Rent and Additional Charges allocable to such portion of the Premises or any system or equipment in which is not usable for each day after said five (5) consecutive Business Day period that the Premises which Tenant is obligated to not usable until the repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system is substantially completed or services are substantially restored by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesLandlord.
Appears in 1 contract
Sources: Lease Agreement (Merisel Inc /De/)
Maintenance and Repairs. 7.1 a. Tenant shall, at its expensesole Cost and Expense will keep in good, throughout clean, first class and operable condition the Term Leased Premises and all renewals and extensions every part thereof, maintain in good orderincluding, condition and repair the Premises, including but not limited to heating and to, all plumbing, heating, roof, parking lot, ventilation, air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively in, on or serving the Leased Premises, electric light fixtures, bulbs, tubes and tube casingswindows, doors, floor coveringsfloors, dock doorsinterior walls, levelersthe roof, plumbing system exterior walls, ceiling and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion basement which are part of the Premises Leased Premises, and will make or any system cause to be made all necessary or equipment in appropriate repairs, replacements or renewals thereof, whether interior or exterior, structural or non- structural, ordinary or extraordinary, foreseen or unforeseen, capital or ordinary.
b. In addition to the Premises which Tenant is obligated to repair cannot be fully repairedforegoing, Tenant shall promptly replace be required to make such repairs, maintenance and replacements at such reasonable intervals as the sameparties may agree, regardless which intervals are initially designated on Exhibit D. Tenant will maintain a software package that schedules all preventative maintenance procedures with the settings consistent with those set forth on Exhibit D. Such repairs, maintenance and replacements shall be done in a good, workmanlike and first class manner. If Landlord so requires, Tenant shall obtain Landlord's consent, which shall not be unreasonably withheld, as to the selection of whether the benefit contractors prior to commencement of such work. Subject to Tenant's right to use internal personnel for repair, replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorobligations, or Tenant shall perform such contract for regular maintenance and upkeep for landscaping, elevators, janitorial and the HVAC inspection system, and maintenance shall provide Landlord with duly licensed and qualified employee. The cost copies of such preventive maintenance contract shall be paid by Tenant concurrently herewith and an expense solely chargeable within five (5) business days after Landlord's request. If Landlord and/or a successor in interest to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible bound by such contracts, such contracts shall include a clause that makes them terminable upon thirty (30) days written notice from Landlord. Unless Tenant has contracted for janitorial services repair, replacement and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend thatmaintenance obligations with a third- party, at all times during the Lease Term, Tenant shall maintain internal maintenance personnel adequate to maintain the Leased Premises in good order good, clean, first class and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expenseoperable condition. If Tenant fails does not maintain such internal maintenance personnel, as Landlord shall reasonably determine, Tenant shall enter into such maintenance contracts on such terms and conditions as Landlord shall reasonably require.
c. Tenant shall also cause the Leased Premises to maintain be inspected by a licensed contractor on an annual basis, or at such other times as Landlord shall reasonably designate, and Tenant shall perform, subject to Unavoidable Delays, within forty five (45) days after the presentation of the contractor's findings, all repairs, maintenance and replacements designated by said contractor. If Landlord so requires, Tenant shall obtain Landlord's consent, which shall not be unreasonably withheld, as to the selection of said contractor. Tenant shall also cause the roof, parking lot, plumbing and electrical systems to be inspected by a licensed roofing contractor, paving company, plumbing company or electrical company as applicable, on an annual basis, or at such other times as Landlord shall designate and Tenant shall perform, subject to Unavoidable Delays, within forty five (45) days after the presentation of the contractor's findings, all repairs, maintenance and replacements designated by said contractor. Tenant shall provide Landlord with a copy of any reports or findings pursuant to any inspection required hereunder within five (5) business days after Tenant's receipt thereof.
d. If Tenant does not timely perform all of its maintenance, repair the Premises and replacement obligations as required by the terms of this SectionLease, Landlord may, on 10 days’ prior written notice (except that but shall have no notice shall be required in case of emergency)obligation to, enter the Premises and perform such maintenance or repair on behalf of obligations at Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code's sole Cost and Expense. In such casesevent, Tenant shall reimburse Landlord immediately upon demand for all costs incurred Costs and Expenses associated therewith upon demand, with interest at the Default Rate from date of payment by Landlord. Such sums shall be considered Rent for all purposes hereunder.
e. Tenant shall be required to maintain the Leased Premises in performing a first class condition through the Lease Term, at its sole Cost and Expense. Notwithstanding anything contained herein to the contrary, Tenant shall be solely responsible for all maintenance, repairs and replacements affecting the Leased Premises during the Lease Term and in no event shall Tenant be deemed an agent of Landlord for the purpose of conducting such maintenance or repair plus an administration fee equal to 5% maintenance, repairs, and replacements without the express written acknowledgement of such actual and reasonable costs or expensesagency by Landlord.
Appears in 1 contract
Sources: Lease (Speedfam Ipec Inc)
Maintenance and Repairs. 7.1 Tenant shall(a) Landlord shall make all necessary repairs and replacements to the roof, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, exterior walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, exterior doors, floor coveringswindows, dock doorscorridors and other Common Areas, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall keep the Building in a clean and neat condition consistent with comparable office buildings such as those commonly referred to as Terminus 100, Two Alliance, ▇▇▇▇▇▇ Tower and 3344 Peachtree, and use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors keep all equipment used in common with other tenants in good condition and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employeerepair. The cost of such preventive repairs, replacements and maintenance contract shall be paid by Tenant and an expense solely chargeable included in Operating Expenses to the extent provided in Section 6 above; provided however, to the extent any such repairs, replacements or maintenance are required because of the negligence, misuse or default of Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). its employees, agents or contractors, Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component make such repairs at Tenant’s sole expense. Tenant .
(b) Landlord shall be responsible for janitorial services keep and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with repair. The cost of such repairs and maintenance to the balance Premises shall be included in Operating Expenses; provided however, to the extent any repairs or maintenance are required in the Premises because of the Property. All negligence, misuse or default of Tenant’s obligations to maintain and repair , its employees, agents or contractors, or are made at the specific request of Tenant, Landlord shall be accomplished make such repairs or perform such maintenance at Tenant’s sole expense. If Notwithstanding the above, Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required solely responsible for any repair or replacement with respect to Tenant’s Property located in case the Premises, the Building or the Common Areas. Nothing in this Section 12 shall obligate Landlord or Tenant to repair normal wear and tear to any paint, wall covering or carpet in the Premises.
(c) Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for all non-base building costs related to critical cooling/additional cooling of emergency), enter the Premises and perform such maintenance non-base building fire suppression systems for the Premises. Tenant shall have the right to use, operate and maintain, a supplemental air conditioning system (“Supplemental HVAC”) at a precise location reasonably satisfactory to Landlord. Tenant shall have the right to operate the Supplemental HVAC twenty-four (24) hours a day, seven (7) days a week. Tenant shall be solely responsible, at its cost and expense, for the maintenance, repair and replacement (if necessary) of the Supplemental HVAC. Tenant shall operate and maintain the Supplemental HVAC in accordance with all applicable federal, state and local laws and regulations. Tenant shall also be responsible for the cost of the electricity and the water, if applicable, to operate the Supplemental HVAC. Upon expiration or repair on behalf earlier termination of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such casesLease, Tenant shall reimburse Landlord immediately upon demand for remove the Supplemental HVAC and repair any and all costs incurred in performing damage to the Premises and/or the Building caused by such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesremoval.
Appears in 1 contract
Maintenance and Repairs. 7.1 8.1 Tenant shallshall maintain the Premises and all fixtures and equipment located therein or exclusively serving the Premises (but excluding base building fixtures and equipment) in clean, safe and sanitary condition, take good care thereof, make all repairs and replacements thereto and suffer no waste or injury thereto. Tenant shall give Landlord prompt written notice of any defect in or damage to the Building or any part thereof. Except as otherwise provided in Article XVII, all damage to the Premises or to any other part of the Building or the Land caused by any act or omission of any invitee, agent, employee, subtenant, assignee, contractor, client, family member, licensee, customer or guest of Tenant (collectively “Invitees”) or Tenant, shall be repaired by and at its Tenant’s expense, throughout except that Landlord shall have the Term right to make any such repair at Tenant’s expense. Base building fixtures and all renewals equipment shall be deemed to exclude without limitation special tenant equipment such as air conditioning equipment serving only the Premises, telecommunications and extensions thereofcomputer equipment, maintain and kitchen equipment. At the expiration or earlier termination of the Lease Term, Tenant shall surrender the Premises broom clean and in good order, condition and repair the Premisesrepair, including but not limited to heating except for ordinary wear and air conditioning equipment, walls, floors tear and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlordas otherwise provided in Article XVII. Landlord shall use reasonable efforts provide and install replacement tubes for building standard fluorescent light fixtures (subject to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors reimbursement per Article V); all other bulbs and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of tubes for the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant provided and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, installed at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain all common areas in the Premises Building and on the Land in good order and condition and appearances repair, including, without limitation, keeping grass, shrubbery and trees properly cut and trimmed and keeping all sidewalks, driveways and parking lots reasonably commensurate with the balance free of the Property. All of Tenant’s obligations to maintain ice and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensessnow.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term sole cost and expense shall at all renewals times maintain and extensions thereof, maintain keep in good order, repair and condition and repair make all necessary repairs to and replacements of all or any part of the Premisesleased premises, including including, but not limited to heating and to, all glass, all electrical, heating, air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixturessystems and, during the initial term of this Lease, all structural members, exterior walls and roof; provided, however, that, during the renewal term of this Lease, Tenant shall provide ordinary maintenance for all structural members, exterior walls and roof, and Landlord shall be responsible for all necessary repairs to and replacements of said structural members, exterior walls and roof unless the same is necessitated by Tenant’s signs 's act or omission (other than ordinary wear and utility facilities not maintained by Landlordtear) or those or its agents, employees or contractors. Tenant shall commit no waste nor suffer the same to be committed on the leased premises. Tenant shall bear all risk of loss from the use and occupation of the leased premises, except as provided in the preceding paragraph and except loss for which Tenant has obtained fire and extended coverage insurance protection but only to the extent that Landlord receives sums from such insurance carriers on account of any such loss. Landlord shall use reasonable efforts to extend assign to Tenant all manufacturers' warranties upon the benefit from warranties on such items, roof and the heat@ing and cooling equipment if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion Upon the commencement of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, renewal term Tenant shall promptly replace reassign to Landlord such warranties as relate to the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf)roof. Landlord shall have the rightright to enter upon the leased premises from time to time in order to inspect the same, upon notice but this right shall be exercised in such manner as not to interfere with Tenant's use and enjoyment of the leased premises and shall be subject to any and all laws, orders, or regulations of the United States Government or any department or agency thereof, relating to information affecting the national security which may at any time apply to Tenant, to undertake 's use of the responsibility for preventive maintenance of any other system or component at Tenant’s expenseleased premises. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate comply with the balance requirements, with respect to the use, occupancy and/or maintenance of the Property. All leased premises, of the Connecticut Development Authority as contained in the Mortgage Deed between the Connecticut Development Authority and Landlord dated June 19, 1981, provided, however, that Tenant’s , unless otherwise provided herein, shall not be obligated in any way with respect to the note secured by such Mortgage Deed, any tax obligations contained in such Mortgage Deed, any insurance obligations contained in such Mortgage Deed including, without limitation, any insurance for the loan secured by such Mortgage Deed, any insurance on the leased premises or improvements thereto and any insurance on the life or well being of any person) and any other obligations contained in such Mortgage Deed which do not relate directly to maintain the use, occupancy and/or maintenance of the leased premises by a tenant thereof, and repair further provided that the foregoing shall not in any way be accomplished at Tenant’s sole expense. If deemed to be an assumption by Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform any of Landlord's obligations under such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesMortgage Deed.
Appears in 1 contract
Maintenance and Repairs. 7.1 4.1 Tenant=s Obligations. Tenant shallcurrently is leasing the remaining portion of the Building (i.e., at its expenseSuite 100) under a Lease dated March 17, throughout 1992, as subsequently amended ("Suite 100 Lease"). By leasing the Term Premises under this Lease, Tenant will be the only tenant in the Building, and all renewals and extensions thereofaccordingly, Tenant agrees that, except as provided in Section 4.2 below, Tenant shall be responsible to clean, maintain in good order, condition and repair the Premisesentire Property and all improvements thereon, including, without limitation, landscaping (including but not limited to heating cleaning the parking lot and air conditioning equipmentsidewalks), wallsall interior areas of the Building, floors which shall include periodic janitorial service; repair-maintenance, and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving replacement of the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system lighting and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant ; the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, restrooms serving the Building; any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment interior stairways in the Premises which Tenant is obligated Building; the interior and exterior glass, plate glass and skylights; interior walls; floor coverings; ceiling (ceiling tiles and grid); Alterations; fire extinguishers; outlets and fixtures and any appliances in the Building, in a first class condition, and keep the Building in a clean, safe and orderly condition. Prior to repair cannot be fully repairedthe Commencement Date, Tenant shall promptly replace the sameprovide Landlord with a copy of a service contract with a licensed commercial heating, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallventilating and air-conditioning maintenance company (which contract and company shall be subject to Landlord=s prior approval, at Tenant’s expensewhich shall not be unreasonably withheld or delayed), maintain a preventive maintenance contract providing for the regular inspection to maintain, on an ongoing basis (at least quarterly) ), the heating, ventilating and maintenance of the heating and air air-conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have "HVAC") serving the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseBuilding. Tenant shall be responsible for janitorial services all repairs and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance maintenance of the PropertyBuilding Systems. All To the extent that the provisions in the Suite 100 Lease regarding the maintenance, repair and replacement obligations of Tenant’s obligations the parties with respect to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by Property or any portion thereof conflict with this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited toArticle 4, the Marijuana code. In such cases, Tenant provisions of this Section 4 shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesprevail.
Appears in 1 contract
Maintenance and Repairs. 7.1 Except as to those repair and replacement obligations which are the responsibility of Owner under this Lease, Tenant shall, at its expense, throughout the Term term of this lease, take good care of the demised premises and the fixtures and appurtenances therein. Tenant shall be responsible for all renewals damage or injury to the demised premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premisesthereof, electric light fixtureswhether requiring structural or nonstructural repairs caused by, bulbsor resulting from, tubes and tube casingscarelessness, doorsomission, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesneglect or improper conduct of Tenant, Tenant’s signs and utility facilities not maintained subtenants, agents, employees, invitees or licensees, or which arise out of any work, (except for work performed by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s Owner or its contractors or vendors and to extend to Tenantother agents) labor, as and if availableservice or equipment done for, or supplied to, Tenant or any bulk buying power that Landlord may have with such contractors subtenant, or vendors. If any portion arising out of the Premises installation, use or operation of the property or equipment of Tenant or any system or equipment in subtenant. Tenant shall also repair all damage to the Premises which Tenant is obligated to repair cannot be fully repairedbuilding and the demised premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the demised premises for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorwhich Tenant is responsible, and, if such repairs are structural or affect building systems, Tenant shall perform use only contractors approved by Owner (such HVAC inspection consent not to be unreasonably withheld) for such repairs. Any other repairs in or to the building or the facilities and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract systems thereof, for which Tenant is responsible, shall be paid performed by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have Owner at the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of the demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises including, without limitation, the structural, exterior and curtain walls, common areas, sanitary, mechanical, plumbing, electrical, sprinkler and fire safety systems, and other base building systems of the Building. All such repairs shall be responsible for janitorial services made in a good and trash removal from workerlike manner and performed with reasonable diligence and in a manner reasonably intended to minimize interference with the conduct of Tenant’s business and access to the Demised Premises; provided that Owner shall not be required to employ contractors or labor at overtime or other premium pay rates unless Tenant, at Tenant’s request and expense, shall bear the cost thereof. Landlord Tenant agrees to give prompt notice of any defective condition in the demised premises for which Owner may be responsible hereunder. Except as expressly set forth in Section 41B, there shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises, or in and to the fixtures, appurtenances or equipment thereof. Except as expressly set forth in Section 41B, it is specifically agreed that Tenant intend that, at all times during shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the Termcovenants of this or any other article of this lease. Except as expressly set forth in Section 41B, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at agrees that Tenant’s sole expenseremedy at law in such instance will be by way of an action for damages for breach of contract. If Tenant fails to maintain and repair The provisions of this Article 4 shall not apply in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency)fire or other casualty, enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 1 contract
Sources: Office Lease (Atari Inc)
Maintenance and Repairs. 7.1 8.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, shall maintain in good order, condition and repair (including replacement, if necessary) the PremisesProperty, including HVAC, plumbing, and electrical systems, windows, overhead doors, interior walls, and any other repairs and maintenance that are not expressly the responsibility of Landlord pursuant to Section 8.2 or to be paid by Landlord pursuant to the last sentence of this Section 8.1. For clarity, Tenant shall be under no obligation to maintain any mechanical, electrical, plumbing or HVAC systems that do not exclusively serve the Property. Landlord shall fund the cost of any necessary replacements to the HVAC systems, subject to reimbursement from Tenant in the form of Additional Rent, amortized over 10 years and Tenant shall pay such amount that falls within the Term.
8.2 Landlord shall (i) at its sole cost and expense (and without reimbursement in Operating Expenses) maintain, repair and replace the exterior of the Building and all structural components and members of the Building, including exterior and load bearing walls, the roof, roof trusses, sprinkler system, slab and foundation and paved areas, and (ii) at Landlord’s expenses but subject to Tenant’s reimbursement thereof as Operating Expenses (to the extent they are Operating Expenses pursuant to Section 3.2), maintain, repair and replace the Common Areas and any mechanical, electrical, plumbing and HVAC systems, if any, that serve more than one tenant in the Building, in each case, except to the extent such repairs are necessitated by the gross negligence or willful misconduct of Tenant.
8.3 Landlord shall be responsible for all snow removal and landscape services, provided that Tenant shall be responsible for Tenant’s Proportionate Share of the cost of such services as Operating Expenses.
8.4 Tenant shall not defer any repairs, maintenance or replacements to the Property by reason of the anticipation of the expiration of the Lease.
8.5 Tenant shall be responsible for repairing any damage to the Building caused by the installation or removing of Tenant’s furniture, equipment and personal property.
8.6 Tenant shall maintain the Property as set forth in Sections 2.4, 4.3 and 8.1 and otherwise in accordance with the directions, rules and regulations of the health officer, fire marshal, building inspector, or other officials of the governmental agencies having jurisdiction, at the sole cost and expense of Tenant, and Tenant shall use the Property in compliance with all private and governmental laws, orders, judgments, rules, standards, requirements, covenants, conditions and restrictions applicable to the Property and Landlord shall comply with all such matters relating to the Real Estate. Tenant shall ensure the fire protection requirements, including but not limited to heating annual inspection and air conditioning equipmentextinguisher refills for the Property are satisfied.
8.7 In the event Tenant fails to maintain the Property as required in this Lease, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts give Tenant notice of the required work. In the event Tenant fails to extend promptly commence the work and diligently prosecute it to Tenant completion, then Landlord shall have the benefit from warranties on such itemsright to expend funds, if any, that have been made by Landlord’s contractors or vendors and to extend to at the expense of Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of are reasonably required to perform the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf)work. Landlord shall have the rightno liability to Tenant for any damage, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system inconvenience or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate interference with the balance use of the Property. All Property by ▇▇▇▇▇▇, as a result of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform performing any such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenseswork.
Appears in 1 contract
Sources: Lease (SANUWAVE Health, Inc.)
Maintenance and Repairs. 7.1 5.7.1. Except as otherwise provided in this Lease, Tenant shall, at its expenseexpense shall, throughout the Term and all renewals and extensions thereofTerm, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing responsible for the regular inspection (at least quarterly) capital and ordinary maintenance of the heating Leased Premises so long as the Leased Premises are under the terms of the Lease or in the Golf System. Tenant at its expense shall maintain, repair and air conditioning system by replace the Improvements and facilities within the Leased Premises in a licensed good state of repair as appropriate for the types of improvements and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance at a standard consistent with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive its maintenance of any other system or component at Tenant’s expensefacilities in the Golf System. Tenant shall be responsible for janitorial services keep and trash removal from maintain all common areas within the PremisesLeased Premises in a clean and orderly condition, at Tenant’s expensefree of dirt, rubbish, snow, ice and obstructions. Landlord and Tenant intend that, at all times during Subject to the Termprovisions of Section 3.2.5, Tenant shall maintain the Premises in good order Stormwater Management Facilities that serve the Leased Premises. For any Stormwater Management Facilities that serve areas outside of the Leased Premises, Landlord shall reimburse Tenant a prorated share of the costs of maintenance and condition and appearances reasonably commensurate with repair. Tenant’s share of the cost shall be that percentage determined by dividing the Park Golf Course area by the total area served by the Stormwater Management Facility. Landlord’s reimbursement shall be the balance of the Propertycost, which Landlord shall pay to the Tenant within thirty (30) days of invoice for such costs.
5.7.2. All of Tenant’s obligations to Landlord at its expense shall maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails all portions of the Park except the Leased Premises including, without limitation, maintaining, repairing and making necessary alterations and replacements to maintain roads (unless such roads are otherwise publicly maintained) and repair parking lots outside the Leased Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case including keeping such roads and parking lots free of emergencysnow and ice), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. 7.1 Subject to Tenant’s rights under Article 7, Tenant shallshall take good care of the Premises, at its expensemake all repairs thereto, throughout interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen and shall maintain and keep the Term Premises and all renewals the sidewalks and extensions thereof, maintain curbs located within the Premises in good order, repair and condition and repair the Premisesat all times. Tenant will not commit, including but not limited knowingly permit or suffer any waste, damages, disfigurement or injury to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of upon the Premises or any system or equipment in the Premises which Tenant is obligated to repair canpart thereof, but this Section shall not be fully repairedconstrued as limiting Tenant’s rights under Article 7. Notwithstanding the foregoing, however, Tenant shall promptly replace not be responsible for repairing or rebuilding those structures already occupying the samePremises as of the date of this Lease for age related wear and tear or for damage to said structures caused by acts of God.
8.2.1. Tenant, regardless of whether the benefit at its sole cost and expense, agrees to keep in force a maintenance agreement on all HVAC equipment and to provide a copy of such maintenance agreement to Landlord for Landlord's approval, which shall not be unreasonably withheld. The agreement shall require a semiannual inspection of such equipment and Tenant will furnish Landlord with semiannual certifications by the inspection company that such equipment is in good repair. Any repairs or replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform required to be made to such HVAC inspection and maintenance with equipment shall be done or made only by such persons or entities duly licensed and qualified employeeas have been approved in advance in writing by Landlord.
8.2.2. The cost After the end of such preventive maintenance contract the tenth (10th) year of the Lease, the Landlord shall keep the foundation, structural elements (except plate glass, windows, doors and other exterior openings, window and door frames, molding, closure devices, locks and hardware, special store fronts, lighting, heating, air-conditioning, plumbing and other electrical, mechanical and electromotive installation equipment and fixtures, signs, placards, decorations or other advertising media of any type, or interior painting or other treatment of interior walls which will be paid maintained by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s 's sole cost and expense. Tenant shall be responsible for janitorial services ), structural portion of exterior walls and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain roof above the Premises in good order repair. In the event that the Premises should become in need of repairs required to be made by Landlord hereunder, Tenant shall give immediate written notice thereof to Landlord and condition Landlord will have a reasonable time after receipt by Landlord of such written notice in which to make such repairs at its own cost and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Should the Landlord fail to make the repairs in a reasonable time after receiving notice, the Tenant fails may make the repairs and offset any expenditures against future rent.
8.2.3. Landlord is entitled to maintain and repair enter upon the Premises as required by this Section, Landlord may, on 10 days’ prior written at any time following reasonable advance notice (except that in the event of a real or apparent emergency, in which event no such advance notice shall be required in case required) for the purpose of emergency)inspecting the same, enter or of showing the Premises and perform such maintenance to prospective purchasers, tenants or repair on behalf lenders, or of Tenant; provided such entry is made in compliance with Applicable Lawsmaking repairs to the Premises, including but not limited toor of making repairs, the Marijuana code. In such casesalterations or additions to (a) adjacent premises, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.or
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout agrees to maintain the Term and all renewals and extensions thereof, maintain Premises in reasonably good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. immediately notify Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors should any minor or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot other repairs be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseneeded. Tenant shall be responsible for janitorial services monitoring the working order of all smoke detectors and trash removal from fire alarm systems in the Premises; and shall promptly advise Landlord in writing of any part if said system becomes inoperable. Major repairs necessary to the Premises shall be reported promptly by Tenant to Landlord in writing and shall be performed by Landlord within a reasonable time. Tenant shall notify Landlord immediately of any emergency repairs necessary to the Premises. If in Landlord's judgment there is substantial damage to the Premises, at Landlord may terminate this lease by giving written notice to Tenant and the Rent shall be prorated and the balance refunded to Tenant, less lawful deductions. Tenant shall pay Landlord for any property damage and/or cost of repairs to the Premises or appliances therein caused by the negligence or improper use by Tenant, Tenant’s expenseguests or other occupants. Landlord and Tenant intend thatWithout limitation, the disposal of women’s feminine hygiene products, coffee grounds, rice, cooking grease, or any other object that does not constitute normal material in the waste/sewer system at all times during the Term, Premises shall be negligent/improper use of the Premises. Tenant shall maintain Premises’ good appearance, insure safety on the Premises, and inform the Landlord if any safety problems arise that Tenant cannot quickly and reasonably remedy as Tenant. Tenant shall be responsible to reimburse and pay Landlord for the costs of any repair/service calls that are scheduled with Tenant and for which Tenant at the time of such repair/service call, and for forty- five (45) minutes thereafter are unavailable at the Premises for such repair/service call. Without limiting the generality of the foregoing, Tenant shall: o Be completely responsible for payment of all necessary treatments to eradicate bed bugs if found at the Premises and if their presence, as solely determined by a pest-control professional, was likely due to the action(s), intentional or unintentional, of the Tenant or any person associated with Tenant (family member, friend, etc…) o Be solely responsible for payment of all non-termite pest control services outside of the Premises’ normal monthly pest-control sprayings if, as solely determined by a pest-control professional, that the probable cause for the presence of pests is Tenant’s excessive dirtiness. Landlord shall have no obligation whatsoever to pay for non-termite pest control services at the Premises other than the regular pest- control sprayings. o Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; o Not obstruct or cover the windows or doors; o Not leave windows or doors in an open position during any inclement weather; o Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and condition repair and appearances reasonably commensurate with shall use same only for the balance purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; o Deposit all trash, garbage, rubbish or refuse in the Property. All locations provided therefore and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; o Reimburse Landlord for any damages that are a result of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair negligence, carelessness, fault, intentional act, or misconduct; o Promptly file a police report if the Premises as required is damaged in any way by this Sectionan unknown person. Failure to file a police report and provide a copy to Bluegrass Rental Homes, Landlord may, on 10 days’ prior written notice (except that no notice shall be required LLC in case a timely manner will result in the Tenant being charged for the damage to Premises o Keep inside of emergency), enter the Premises at a temperature sufficiently high enough to prevent freezing of water in the pipes and perform such maintenance fixtures inside the leased Premises o Not create or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, maintain or allow others to create or maintain any nuisances including but be not limited toto loud noises, sound effects, offensive odors, smoke or dust on or about the Marijuana code. In such casesleased Premises, and that Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenseswill commit no waste.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. 7.1 Tenant shallA. As used in this MOU, at its expense“maintenance” shall mean the provision of janitorial services; trash removal services; wall surface repairs; painting of the façade of the facilities as necessary; repairs/removal of surface vandalism; inspection, throughout the Term and all renewals and extensions thereof, maintain in good order, condition maintenance and repair of elevators; inspection, cleaning and replace of mechanical, electrical and plumbing equipment, fixtures and utilities; the Premisesremoval and disposal of trash and debris; and other repairs other than structural repairs as provided for in Article 11.
B. The District will be responsible for all maintenance of the Project, except with respect to the electric bus charging stations. The District will perform all janitorial maintenance in accordance with the standards that it uses in performing janitorial maintenance services elsewhere on District- owned Property. All other maintenance work shall be done in accordance with the standards prescribed in manufacturers’ operations and maintenance manuals. All repairs and replacements made by the District will be made and performed in a good and workmanlike manner in accordance with all applicable codes, statutes, and regulations, including but not limited to heating prevailing wage laws and air conditioning equipmentregulations, wallsand will be made and performed so that the repairs and replacements will be at least equal in quality, floors and ceilingsvalue, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlordto the original work or installation. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have The District will be responsible for all costs associated with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot fulfilling its maintenance responsibilities.
C. Foothill Transit will be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing solely responsible for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employeeelectric bus charging stations. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall Foothill Transit will be responsible for janitorial services all costs associated with maintenance of the electric bus charging stations.
D. Foothill Transit will be responsible for the development of a District-approved Preventive Maintenance Plan for the Project facilities and trash removal from all of the Premisesmechanical, at Tenant’s expenseelectrical, and plumbing equipment, fixtures, and utilities, and will be responsible for any repairs to the on-campus roadway caused by bus access to the transit center. Landlord and Tenant intend that, at all times during The District will be responsible for the Term, Tenant shall maintain implementation of the Premises Plan so long as it is responsible for providing maintenance in good order and condition and appearances reasonably commensurate accordance with the balance provisions of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle.
Appears in 1 contract
Sources: Memorandum of Understanding
Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant shallagrees that the Premises are then in a good and tenantable condition, subject to latent defects of which Tenant must notify Landlord in writing within one (1) year after the delivery of the Premises affected by the defect to Tenant, except for latent structural defects of which Tenant must notify Landlord within 10 years after such date. During the Term, Tenant at its expenseTenant’s expense but under the direction of Landlord, throughout the Term shall repair and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, the interior walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doorsceiling (ceiling tiles and grid), levelersTenant Improvements, plumbing system Alterations, fire extinguishers, outlets and plumbing fixtures, and any appliances (including dishwashers, hot water heaters and garbage disposers) in the Premises, in a condition customary for well managed, high quality office buildings in San Francisco and keep the Premises in a clean, safe and orderly condition.
7.2 Landlord shall maintain or cause to be maintained in a manner customary for well managed, high quality office buildings in San Francisco, the structural portions of the roof and roof membrane, foundations, floors and exterior walls of the Building, the Building Systems (except for Building Systems included in the Tenant Improvements), and the public and common areas of the Property, such as elevators, stairs, corridors and public restrooms; provided, however, that Tenant shall pay the cost of repairs for damaged occasioned by Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or the Property (other than normal wear and tear and damage for which Landlord carries insurance) or any system negligent act or equipment 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. Landlord shall be responsible for latent defects not discovered by Tenant through the Premises which normal course of inspection. As a material part of the consideration for this Lease, Tenant is obligated 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 repair cannot be fully repairedmake repairs at its landlord’s expense. In the event that Landlord defaults under its obligations under this Lease, Tenant shall promptly replace the same, regardless of whether the benefit notify Landlord in writing of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) default and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have thirty (30) days within which to cure such default (or if such default is not capable of being cured within such time, Landlord shall diligently proceed to cure such default). In the even that Landlord does not cure the default within such 30-day period or does not diligently proceed to cure such default if such default is not capable of being cured within such 30-day period, Tenant shall have the right to cure such default on Landlord’s behalf and Landlord shall promptly reimburse Tenant for all reasonable, out-of-pocket expenses incurred by Tenant in connection with such cure.
7.3 Provided that Landlord’s activities do not materially and adversely affect Tenant’s use of the Premises or the common areas of the Building during normal business hours on business days, Landlord hereby reserves the right, upon notice at any time and from time to time, without liability to Tenant, and without constituting an eviction, constructive or otherwise, or entitling Tenant to undertake the responsibility for preventive maintenance any abatement of rent or to terminate this Lease or otherwise releasing Tenant from any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations under this Lease:
(a) To make alterations, additions, repairs, improvements to or in the Building;
(b) To change the Building’s name or street address, subject to the terms of Section 35.2 hereof;
(c) To install and maintain any and repair shall be accomplished at all signs on the exterior and interior of the Building, subject to Tenant’s sole expense. rights under Section 35(Signage) hereof; and
(d) If Tenant fails any governmental authority promulgates or revises any Law or imposes mandatory or voluntary controls or guidelines on Landlord or the Property relating to maintain and repair the Premises as required by this Section, Landlord may, use of conservation of energy or utilities or the reduction of automobile or other emissions or reduction or management of traffic or parking on 10 days’ prior written notice the Property (except that no notice shall be required in case of emergencycollectively “Controls”), enter to comply with such Controls, if mandatory, or make any alterations to the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesProperty related thereto.
Appears in 1 contract
Sources: Sub Sublease Agreement (Enernoc Inc)
Maintenance and Repairs. 7.1 Tenant shallA. As used in this MOU, at its expense“maintenance” shall mean the provision of janitorial services; trash removal services; wall surface repairs; painting of the façade of the facilities as necessary; repairs/removal of surface vandalism; inspection, throughout the Term and all renewals and extensions thereof, maintain in good order, condition maintenance and repair of elevators; inspection, cleaning and replace of mechanical, electrical and plumbing equipment, fixtures and utilities; the Premisesremoval and disposal of trash and debris; and other repairs other than structural repairs as provided for in Article 11.
B. The District will be responsible for all maintenance of the Project, except with respect to the electric bus charging stations. The District will perform all janitorial maintenance in accordance with the standards that it uses in performing janitorial maintenance services elsewhere on District-owned Property. All other maintenance work shall be done in accordance with the standards prescribed in manufacturers’ operations and maintenance manuals. All repairs and replacements made by the District will be made and performed in a good and workmanlike manner in accordance with all applicable codes, statutes, and regulations, including but not limited to heating prevailing wage laws and air conditioning equipmentregulations, wallsand will be made and performed so that the repairs and replacements will be at least equal in quality, floors and ceilingsvalue, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlordto the original work or installation. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have The District will be responsible for all costs associated with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot fulfilling its maintenance responsibilities.
C. Foothill Transit will be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing solely responsible for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employeeelectric bus charging stations. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall Foothill Transit will be responsible for janitorial services all costs associated with maintenance of the electric bus charging stations.
D. Foothill Transit will be responsible for the development of a District-approved Preventive Maintenance Plan for the Project facilities and trash removal from all of the Premisesmechanical, at Tenant’s expenseelectrical, and plumbing equipment, fixtures, and utilities, and will be responsible for any repairs to the on-campus roadway caused by bus access to the transit center. Landlord and Tenant intend that, at all times during The District will be responsible for the Term, Tenant shall maintain implementation of the Premises Plan so long as it is responsible for providing maintenance in good order and condition and appearances reasonably commensurate accordance with the balance provisions of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle.
Appears in 1 contract
Sources: Memorandum of Understanding
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. a. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services the expense and trash removal from repair of the Premisesexterior surfaces of the building and common areas, at and the building systems that serve the Tenant’s expensepremises, that being plumbing, electrical, heating and air conditioning. However, Landlord shall not be responsible for repairs to any items that have been damaged due to Tenant’s actions or that of Tenant’s employees, agents, visitors, customers, guests, etc. Landlord shall also not be responsible for any costs of repairs to any item on the interior if it has been damaged by Tenant’s actions or that of Tenant’s employees, agents, customers, invitees, or guests. Tenant is responsible for replacing light bulbs. Landlord is responsible for existing ballasts and Tenant intend thatfixtures.
b. Subject to subsection c. immediately below, at all times during Landlord shall be responsible, in Landlord’s sole expense for maintenance and repairs on the Term, Tenant shall maintain the Premises in good order exterior and condition and appearances reasonably commensurate with the balance common areas of the Property, such as the roof, parking lot, sidewalks, exterior wall surfaces, exterior metal awnings, exterior lights, and landscaping. Landlord shall not be responsible for maintenance or repair of any improvements that were installed by Tenant.
c. All damage or injury to the Property and to its improvements, fixtures, accessories, appurtenances and equipment caused in any way by any acts or omissions of Tenant, or Tenant’s obligations to maintain officers, owners, managers, employees, agents, representatives, visitors, guests, customers, delivery persons, invitees, contractors, and repair subcontractors shall be accomplished repaired, restored or replaced promptly by Tenant at Tenant’s sole expensecost and expense to the reasonable satisfaction of Landlord. If Tenant fails to maintain and repair the Premises as required by this SectionAll such repairs, Landlord mayrestorations, on 10 days’ prior written notice (except that no notice or replacements shall be required in case of emergency)quality and class at least equal to the original work or installations.
d. If the Property becomes infested with rodents, enter the Premises and perform such maintenance insects, pests, or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such casesother vermin, Tenant shall reimburse at Tenant's expense cause such pests to be exterminated from time to time within Tenant’s leased space. Landlord immediately upon demand shall at Landlord's expense treat only for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensestermites.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. 7.1 a. Landlord shall maintain the roof and structure of the Building in a state of good operating condition and repair. Tenant shall maintain the interior of the Premises, perimeter walls, ceiling, floors, windows, the electrical and lighting system, and any installed ventilating system. Tenant shall take good care of the Premises and fixtures, make good any injury or breakage done by Tenant or Tenant's agents, employees, or visitors, and shall quit and surrender said Premises, at the expiration of the Term, in as good condition as the reasonable use thereof will permit, free of Tenant’s signs, goods, and effects and any machinery, trade fixtures, and equipment used in conducting Tenant’s trade or business which is not owned by Landlord, except items agreed upon in advance and in writing which may be left over the winter occupying up to 30% of designated space. Tenant shall keep the interior of the Premises in a neat and orderly condition. Tenant shall, at its sole expense, throughout the Term maintain all finishes and all renewals and extensions thereof, maintain in good order, condition and repair fixtures within the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and as well as any equipment exclusively solely serving the PremisesPremises (including, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, any separate air conditioning systems, non-standard lighting, and any plumbing fixtures within the Marijuana codePremises). All repairs or alterations to the premises made by Tenant, as provided herein, shall be performed by licensed, bonded, and insured contractors or subcontractors that comply with Tenant's internal screening protocol. Landlord shall keep the parking areas, driveways, and walkways reasonably clear of ice and snow in an appropriate manner suitable for continued business and operations within the Planned Unit Development. Except as set forth elsewhere in this Lease, Landlord shall mow and landscape the exterior Common Areas and remove trash as Landlord shall in its sole and absolute discretion determine. In such casesthe event that Tenant substantially vacates the space prior to the expiration of the Term, Landlord shall have the right to enter the Premises for purposes of making improvements. Tenant hereby acknowledges that Landlord may, in its sole discretion, make any repairs and/or improvements to the Common Areas of the Building.
b. Tenant hereby expressly waives any right to make repairs at the expense of Landlord, which right may be provided for in any statute or law in effect at the time of the execution and delivery of this Lease hereof or of any other statute or law which may thereafter be enacted.
c. Except as expressly otherwise provided in this Lease, Landlord shall reimburse have no liability to Tenant by reason of any inconvenience, annoyance, interruption, or injury to business arising from Landlord, Tenant, or others making or failing to make any repairs or changes which are required or permitted by this Lease, or required by law to make, in or to any portion of the Building or the Premises. Landlord immediately upon demand for all costs incurred and Tenant, as the case may be, shall use due diligence in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesmaking any repairs required under Paragraph 7 herein.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term term of this lease, take good care of the demised premises and the fixtures and appurtenances therein. Tenant shall be responsible for all renewals damage or injury to the demised premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premisesthereof, electric light fixtureswhether requiring structural or nonstructural repairs (normal wear and tear excepted) caused by, bulbsor resulting from, tubes and tube casingscarelessness, doorsomission, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesneglect or improper conduct of Tenant, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for, or supplied to, Tenant the benefit from warranties on such itemsor any subtenant, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion arising out of the Premises installation, use or operation of the property or equipment of Tenant or any system or equipment in subtenant. Tenant shall also repair all damage to the Premises which Tenant is obligated to repair cannot be fully repairedbuilding and the demised premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the regular inspection (trade or trades in question, selected from a list of at least quarterly) two contractors per trade submitted by Owner, Owner agrees that the prices charged by the contractors on such list shall be competitively priced; furthermore, Owner shall not unreasonably withhold its consent to additional contractors bidding and maintenance performing such work. Any other repairs in or to the building or the facilities and systems thereof, for which Tenant is responsible, shall be performed by Owner at the Tenant’s expense (which shall be equal to Owner’s actual costs therefore), Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of the demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and air conditioning system ventilating systems and elevators (to the extent such systems presently exist) serving the demised premises, Tenant agrees to give prompt notice of any defective condition in the demised premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by a licensed and qualified heating and air conditioning contractorreason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises, or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost not be entitled to any setoff or reduction of such preventive maintenance contract shall be paid rent by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance reason of any failure of Owner to comply with the covenants of this or any other system or component at Tenant’s expensearticle of this lease. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at agrees that Tenant’s sole expenseremedy at law in such instance will be by way of an action for damages for breach of contract. If Tenant fails to maintain and repair The provisions of this Article 4 shall not apply in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency)fire or other casualty, enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout The parties hereto agree and acknowledge that the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion failure of the Premises or any system or equipment Equipment to operate in the Premises which Tenant is obligated manner represented in Exhibit A will materially and adversely affect the Joint Entity’s operations. Accordingly, NutraCea agrees to repair cannot be fully repaired, Tenant shall promptly replace service and maintain the same, regardless of whether Equipment on an ongoing basis in a manner that will enable the benefit of such replacement extends beyond Equipment to operate at the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord maximum capacity specified on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times Exhibit A during the Term, Tenant shall maintain the Premises in good term of this Agreement. In order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises Equipment, the parties hereby agree as follows:
(a) NutraCea further agrees that it will initiate repairs of the Equipment within [*] after receiving notification from Joint Entity of a need to repair the Equipment or to correct any deficiencies in the operation of the Equipment. NutraCea agrees to use its commercially reasonable and good faith efforts to promptly make any required repairs.
(b) In order to enable the Equipment to be maintained and promptly repaired, NutraCea agrees to [*], or, at Joint Entity’s election, to train one or more of Joint Entity’s employees in the proper maintenance and repair of the Equipment. The cost of the foregoing maintenance employees shall be borne by the Joint Entity.
(c) Joint Entity agrees to provide NutraCea’s employees with reasonable access to the Equipment during all business hours and will provide any other assistance reasonably required by this Section, Landlord NutraCea to provide such maintenance and repair services. Joint Entity further agrees to use its best efforts to ensure that the Equipment will not be accessible by any persons not specifically authorized by Nutracea without the express prior consent of NutraCea.
(d) NutraCea or its agents may, on 10 days’ prior written notice from time to time, make reasonable modifications and/or improvements to the Equipment in order to improve the efficiency or cost-effectiveness of cleaning, sanitizing, operating, maintaining or repairing the Equipment. NutraCea, or at its sole election, Joint Entity, will provide the personnel to properly clean and operate the Equipment.
(except e) In order to enable the Equipment and Rice Mill to be maintained and repaired, Joint Entity shall keep all such spare parts as Nutracea reasonably requests at a secure place at the Location. In addition, Joint Entity shall promptly replace all spare parts that no notice are used for repairs.
(f) NutraCea agrees that it will provide all of the foregoing services at a price to Joint Entity equal to [*]. In addition, all spare parts necessary to repair or maintain the Equipment shall be required in case of emergency), enter the Premises and perform such maintenance purchased or repair on behalf of Tenantproduced by NutraCea; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand Joint Entity will be billed for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesspare parts at [*], if applicable.
Appears in 1 contract
Sources: Equipment Lease (Nutracea)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission where Tenant had a duty to act, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant, other than Landlord's work, or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant, unless caused by the act or omission of Owner, its agents, employees or contractors. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make. at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using contractors reasonably acceptable to Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder after Tenant has actual knowledge thereof. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs alterations, additions or improvements in case or to any portion of emergency)the building or the demised premises or in and to the fixtures, enter the Premises and perform such maintenance appurtenances or repair on behalf of Tenant; equipment thereof, provided such entry is made in compliance actions do not materially interrupt, interfere with Applicable Laws, including but not limited to, or otherwise adversely affect the Marijuana codeTenants use of the Demised Premises or the reasonable. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal sale and convenient access to 5% of such actual and reasonable costs or expenses.the
Appears in 1 contract
Sources: Lease Agreement (Ask Jeeves Inc)
Maintenance and Repairs. 7.1 (a) Tenant shall, at its own cost and expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair and replace as necessary the Demised Premises, including but not limited to heating and the heating, air conditioning equipmentand ventilation systems, glass, windows and doors, sprinkler, all plumbing and sewage systems, fixtures, interior walls, floors and (including floor slabs), dock areas, dock ramps, ceilings, window exteriorsstorefronts, mechanical and plate glass, skylights, all electrical systems facilities and equipment including, without limitation, lighting fixtures, lamps, fans and any exhaust equipment and systems, electrical motors, and all other appliances and equipment (including, without limitation, dock levelers, dock shelters, dock seals and dock lighting) which exclusively serving serve the Demised Premises, electric light fixturesexcept as to such maintenance, bulbs, tubes repair and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. replacement as is the obligation of Landlord shall use reasonable efforts pursuant to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalfSection 10(b). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during During the Term, Tenant shall maintain in full force and effect a service contract for the Premises maintenance of the heating, ventilation and air conditioning systems with an entity reasonably acceptable to Landlord; provided, however, that during the one year period following the Lease Commencement Date, such service contract shall be maintained with the contractor that installed the heating, ventilation and air conditioning systems and shall provide for at least two preventive maintenance service calls during such one year period. Tenant shall deliver to Landlord (i) a copy of said service contract prior to the Lease Commencement Date, and (ii) thereafter, a copy of a renewal or substitute service contract within thirty (30) days prior to the expiration of the existing service contract. Tenant’s obligation shall exclude any maintenance, repair and replacement required because of the act or negligence of Landlord, its employees, contractors, agents, licensees or invitees, which shall be the responsibility of Landlord. Tenant shall not be obligated to replace any item if such item can be repaired to good working order.
(b) Except as set forth in Section 10(a), Landlord shall, at its own cost and expense, maintain in good order and condition and appearances reasonably commensurate with repair and replace as necessary all patent and latent defects in the balance construction of the PropertyBuilding actually known to Landlord and which affect the operation of the Building or the Demised Premises, the foundation (beneath the floor slab) and structural portions of the Building, including the roof, columns, beams and structural steel in the Building. All Subject in each instance to the waiver set forth in Section 8(d) of this Lease and to the receipt of insurance proceeds from all insurance policies required to be maintained by the parties hereunder, Landlord’s obligation shall exclude the cost of any maintenance or repair required because of the act or negligence of Tenant or any of Tenant’s obligations to maintain and repair subsidiaries or affiliates, or any of Tenant’s or such subsidiaries’ or affiliates’ agents, contractors, employees, licensees or invitees (collectively, “Tenant’s Affiliates”), the cost of which shall be accomplished at the responsibility of Tenant. Landlord shall never have any obligation to repair, maintain or replace, pursuant to this subsection 10(b) or any other provision of this Lease, any Tenant’s sole expense. If Change (as defined in Section 18 hereof).
(c) Unless the same is caused solely by the negligent action or inaction of Landlord, its employees or agents, and is not covered by the insurance required to be carried by Tenant fails pursuant to maintain and repair the Premises as required by terms of this SectionLease, Landlord mayshall not be liable to Tenant or to any other person for any damage occasioned by failure in any utility system or by the bursting or leaking of any vessel or pipe in or about the Demised Premises, on 10 days’ prior written notice or for any damage occasioned by water coming into the Demised Premises or arising from the acts or neglects of occupants of adjacent property or the public.
(except that no notice shall be required d) Landlord will maintain, repair and replace as necessary the Building Common Area in case a manner consistent with the operation of emergencyfirst-class industrial/warehouse/ distribution buildings in the Market Area (as defined in Exhibit G), enter and will provide, without limitation, snow and ice removal in the Premises parking areas surrounding the Building. The cost of all such maintenance, repair and perform such maintenance or repair on behalf of Tenant; provided such entry is made replacement will be included in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesOperating Expenses.
Appears in 1 contract
Sources: Industrial Lease Agreement (Elevance Renewable Sciences, Inc.)
Maintenance and Repairs. 7.1 10.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the TermLease Term and at Tenant's sole cost and expense, Tenant shall maintain maintain, repair and replace all parts of the Premises Property (excluding only the Building Structure (as defined below)), including, without limitation, the roof membrane and other non-structural portions of the roof, the exterior face of exterior walls, exterior windows, the Exterior Areas, all Buildings systems, all of Tenant's signs, all windows, doors, truck doors, and other penetrations in the outer walls of the Building, all loading docks and lifts that serve the Building, floor coverings, ceilings, all HVAC equipment and systems ("HVAC Systems"), all other mechanical, electrical, plumbing, lighting, life-safety, and utility systems, equipment, conduits, pipes, ducts, and lines, and all fixtures and appliances in good order and operating condition, ordinary wear and tear and damage thereto by fire or other casualty excepted; provided that, subject to the provisions of Article 12, Tenant shall not be responsible for repairs to the Property to the extent that any damage is caused by the negligence or willful misconduct of Landlord or Landlord's employees, agents or contractors. Tenant shall, at all times during the Lease Term, keep in a clean and safe condition the Exterior Areas. Tenant shall regularly and appearances reasonably commensurate with periodically sweep and clean the balance driveways and parking areas of the Property. All Tenant will also repair, or reimburse Landlord for, any blockage of or damage to the sewer lines and sewer system at the Premises that results from anything that enters the sewer lines from the Premises. Tenant will provide and pay for all garbage removal from the Property. Tenant will perform all repairs and replacements with first-class materials and with first-class workmanship. Tenant will, at Tenant’s obligations 's sole cost, maintain throughout the Lease Term a regularly scheduled preventative maintenance and service contract or contracts with a contractor or contractors specializing and experienced in the maintenance of HVAC equipment, for the maintenance of the HVAC Systems. The maintenance and service contract shall include all services reasonably suggested by the equipment manufacturer and shall become effective (and Tenant shall deliver a copy to Landlord) within thirty (30) days after the Commencement Date. Tenant shall at all times maintain the HVAC Systems in compliance with all applicable federal, state and local laws. If a leak occurs in any portion of the HVAC Systems, Tenant shall promptly repair such leak in compliance with all applicable federal, state and local laws and complete such repairs within any deadline imposed by such federal, state or local laws. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and disbursements, arising from or related to any failure by Tenant to maintain the HVAC Systems in compliance with all applicable federal, state and local laws or any failure by Tenant to repair shall be accomplished at Tenant’s sole expenseany leak in any portion of the HVAC Systems in compliance with all applicable federal, state and local laws. If Tenant fails replaces any part or component of the HVAC Systems and receives a warranty from the manufacturer or a guaranty by the installer, Tenant shall furnish a duplicate original of each such warranty and guaranty to maintain Landlord. Tenant shall, at the end of the term of this Lease, surrender to Landlord the Premises with the HVAC Systems in good condition and repair working order, normal wear and tear excepted. Notwithstanding the provisions of this section 10.1 to the contrary, Landlord may at any time, upon thirty (30) days' notice to Tenant, assume maintenance of the HVAC Systems, in which case Tenant will reimburse Landlord for the cost incurred by Landlord in maintaining, repairing and replacing such HVAC Systems within thirty (30) days following demand from Landlord; provided, however, that any capital repairs or replacements of the HVAC Systems shall be reasonably amortized as determined by Landlord and consistent with prudent real property management practices for comparable buildings in the Santa Clara, CA area, together with interest at the rate of eight percent (8%) per annum; provided further, however, that Landlord may elect to assume maintenance of the HVAC Systems only if Landlord, in its sole but good faith discretion, determines that Tenant is not adequately maintaining such HVAC Systems in a condition suitable for a first class building in Santa Clara, California. Tenant hereby waives all rights under California Civil Code section 1941 and all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises as required provided by this SectionCalifornia Civil Code section 1942 or any other law, statute or ordinance now or hereafter in effect. Landlord mayhas no obligation and has made no promise to alter, on 10 days’ prior written notice (except that no notice shall be required in case of emergency)remodel, enter improve, repair, maintain, decorate or paint the Premises and perform such maintenance or repair the Building or any part thereof or any equipment, fixtures or improvements therein, except as provided herein. Notwithstanding the foregoing, if any element of (i) the Building systems (including HVAC Systems, but expressly excluding any Building systems installed by or on behalf of Tenant; provided Tenant after the Commencement Date), (ii) the roof or (iii) the exterior walls and exterior windows, required to be maintained by Tenant require replacement or any repair that exceeds fifty percent (50%) of the replacement cost of the item (a "Capital Repair"), then Tenant shall have the right to cause Landlord to perform such entry is made Capital Repair, and the cost thereof shall be amortized over the useful life of the capital item as determined by Landlord in compliance accordance with Applicable Lawsthe customary accounting practices employed by landlords of comparable buildings in Santa Clara, including but not limited toCalifornia, together with interest at the rate of eight percent (8%) per annum, or such higher annual rate as Landlord may actually have to pay, on the unamortized balance, and Tenant shall be responsible to reimburse Landlord on a monthly basis for the portion of such amortized cost attributable to the remaining Lease Term.
10.2 Landlord shall maintain the foundation, the Marijuana codestructural portions of the roof and the load-bearing portions of load-bearing walls (collectively, the "Building Structure"), in reasonably good order and condition. In Any damage in or to any such cases, areas or elements caused by Tenant or any of the other Tenant Parties shall be repaired by Landlord at Tenant's expense and Tenant shall reimburse Landlord immediately upon demand therefor on demand, as additional rent. Landlord shall not be liable for all costs incurred in performing such any criminal acts of others or for any direct, consequential or other loss or damage related to any malfunction, circumvention or other failure of any access control service, device or personnel. In addition, Landlord shall perform and construct, at its sole cost and expense, and Tenant shall have no responsibility to perform or construct, any repair, maintenance or repair plus an administration fee equal to 5% improvements (a) necessitated by the acts or omissions of such actual Landlord or any other occupant of the Building, or their respective agents, employees or contractors and reasonable costs or expenses(b) for which ▇▇▇▇▇▇▇▇ has a right of reimbursement from others.
Appears in 1 contract
Sources: Lease (Gigamon Inc.)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs to the extent caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving by Tenant or at Tenant's direction of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question reasonably approved, in writing, by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and all building systems that service the demised premises, including without limitation, exhausts, water, plumbing, electrical, elevators, fire safety systems, heating, air conditioning and ventilation systems, but excluding the distribution of any of the foregoing within the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder upon becoming aware thereof. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency)fire or other casualty which are dealt with in Article 9 hereof. Owner shall perform any repair required pursuant to this Article 4 promptly, enter with reasonable diligence under the Premises circumstances and perform such maintenance or repair on behalf with reasonable efforts to avoid interference with Tenant's business. Landlord shall use commercially reasonable efforts to cause all work performed by Landlord pursuant to this Article to be performed in a manner so as to minimize interference with the conduct of Tenant; provided such entry is made 's business in compliance with Applicable Lawsthe Demised Premises, including but not limited to, the Marijuana code. In such cases, Tenant however nothing contained in this lease shall reimburse require Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable incur overtime costs or expensesexpenses or other bonus or incentive fees to perform work on a fast-track or expedited basis.
Appears in 1 contract
Sources: Office Lease (Thestreet Com)
Maintenance and Repairs. 7.1 4. Tenant shall, at its expense, throughout the Term term of this lease, take good care of the demised premises and the fixtures and appurtenances therein. Tenant shall be responsible for all renewals damage or injury to the demised premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premisesthereof, electric light fixtureswhether requiring structural or nonstructural repairs caused by or resulting from carelessness, bulbsomission, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesneglect or improper conduct of Tenant, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors subtenant or vendors. If any portion arising out of the Premises installation, use or operation of the property or equipment of Tenant or any system or equipment in subtenant. Tenant shall also repair all damage to the Premises which Tenant is obligated to repair cannot be fully repairedbuilding and the demised premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the regular inspection (trade or trades in question, selected from a list of at least quarterly) two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or systems thereof for which Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract is responsible shall be paid performed by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have Owner at the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of its demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the balance covenants of the Propertythis or any other article of this Lease. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant agrees that Tenant’s sole expenseremedy at law in such instance will be by way of an action for damages for breach of contract. If Tenant fails to maintain and repair The provisions of this Article 4 shall not apply in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.Article 9 hereof.2
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in term of this lease take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the installation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at ▇▇▇▇▇▇'s expense, all repairs in and to the demised premises for which ▇▇▇▇▇▇ is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of its demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. ▇▇▇▇▇▇ agrees to give prompt notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. ▇▇▇▇▇▇ agrees that ▇▇▇▇▇▇'s sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of fire or other casualty which are dealt with in Article 9 hereof., Window Cleaning: 5. Tenant will not clean nor require, permit, suffer or allow any window in the demised premises to be cleaned from the Premisesoutside in violation of Section 202 of the Labor Law or any other applicable law or of the Rules of the Board of Standards and Appeals, or of any other Board or body having or asserting jurisdiction. Requirements of Law, Fire Insurance, Floor Loads: 6. Prior to the commencement of the lease term, if Tenant is then in possession, and at all times thereafter, Tenant, at Tenant’s 's sole cost and expense. Landlord , shall promptly comply with all present and Tenant intend thatfuture laws, at orders and regulations of all times during the Termstate, Tenant shall maintain the Premises in good order federal, municipal and condition local governments, departments, commissions and appearances reasonably commensurate with the balance boards and any direction of any public officer pursuant to law, and all orders, rules and regulations of the Property. All New York Board of Fire Underwriters, Insurance Services Office, or any similar body which shall impose any violation, order or duty upon Owner or Tenant with respect to the demised premises, whether or not arising out of Tenant’s obligations 's use or manner of use thereof, (including Tenant's permitted use), or, with respect to maintain and repair the building if arising out of Tenant's use or manner of use of the premises or the building (including the use permitted under the lease). Nothing herein shall be accomplished at Tenant’s sole expenserequire Tenant to make structural repairs or alterations unless Tenant has, by its manner of use of the demised premises or method of operation therein, violated any such laws, ordinances, orders, rules, regulations or requirements with respect thereto. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency)after securing Owner to Owner's satisfaction against all damages, enter the Premises interest, penalties and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Lawsexpenses, including including, but not limited to, reasonable attorney's fees, by cash deposit or by surety bond in an amount and in a company satisfactory to owner, contest and appeal any such laws, ordinances, orders, rules, regulations or requirements provided same is done with all reasonable promptness and provided such appeal shall not subject Owner to prosecution for a criminal offense or constitute a default under any lease or mortgage under which Owner may be obligated, or cause the Marijuana codedemised premises or any part thereof to be condemned or vacated. In Tenant shall not do or permit any act or thing to be done in or to the demised premises which is contrary to law, or which will invalidate or be in conflict with public liability, fire or other policies of insurance at any time carried by or for the benefit of Owner with respect to the demised premises or the building of which the demised premises form a part, or which shall or might subject Owner to any liability or responsibility to any person or for property damage. Tenant shall not keep anything in the demised premises except as now or hereafter permitted by the Fire Department, Board of Fire underwriters, Fire Insurance rating Organization or other authority having jurisdiction, and then only in such casesmanner and such quantity so as not to increase the rate for fire insurance applicable to the building, nor use the premises in a manner which will increase the insurance rate for the building or any property located therein over that in effect prior to the commencement of Tenant's occupancy. Tenant shall pay all costs, expenses, fine, penalties, or damages, which may be imposed upon Owner by reason of tenant's failure to comply with the provisions of this article and if by reason of such failure the fire insurance rate shall, at the beginning of this lease or any time thereafter, be higher than it otherwise would be, then Tenant shall reimburse Landlord immediately upon demand Owner, as additional rent hereunder, for that portion of all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% fire insurance premiums thereafter paid by Owner which shall have been charged because of such actual failure by ▇▇▇▇▇▇. In any action or proceeding wherein owner and reasonable costs Tenant are parties, a schedule or expenses"make-up" of rate for the building or demised premises issued by the New York Fire Insurance exchange or other body making fire insurance rates applicable to said premises shall be conclusive evidence of the facts therein stated and of the several items and charges in the fire insurance rates then applicable to said premises. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which it was designed to carry and which is allowed by law. Owner reserves the right to prescribe the weight and position of all safes, business machines and mechanical equipment. Such installations shall be placed and maintained by Tenant, at Tenant's expense, in settings sufficient in Owner's judgment, to absorb and prevent vibration, noise and annoyance. See Article 55.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term term of this lease, take good care of the demised premises and the fixtures and appurtenances therein. Tenant shall be responsible for all renewals damage or injury to the demised premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premisesthereof, electric light fixtureswhether requiring structural or nonstructural repairs caused by or resulting from carelessness, bulbsomission, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesneglect or improper conduct of Tenant, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors subtenant or vendors. If any portion arising out of the Premises installation, use or operation of the property or equipment of Tenant or any system or equipment in subtenant. Tenant shall also repair all damage to the Premises which Tenant is obligated to repair cannot be fully repairedbuilding and the demised premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the regular inspection (trade or trades in question, selected from a list of at least quarterly) two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or systems thereof for which Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract is responsible shall be paid performed by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have Owner at the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of its demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) servicing the demised premises. Tenant agrees to give prompt notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reasons of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the balance covenants of the Propertythis or any other article of this Lease. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant agrees that Tenant’s sole expenseremedy at law in such instance will be by way of an action for damages for breach of contract. If Tenant fails to maintain and repair The provisions of this Article 4 shall not apply in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 1 contract
Maintenance and Repairs. 7.1 (a) Tenant shall, throughout the term of this Lease, at its own cost and expense, throughout take good care of the Term Demised Premises and the fixtures and appurtenances therein. Tenant shall be responsible for all renewals damage or injury to the Demised Premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premisesthereof, electric light fixtureswhether requiring structural or nonstructural repairs caused by or resulting from carelessness, bulbsomission, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesneglect or improper conduct of Tenant, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors Subtenant or vendors. If any portion arising out of the Premises installation, use or operation of the property or equipment of Tenant or any system or equipment in Subtenant. Tenant shall also repair all damage to the building and the Demised Premises which Tenant is obligated to repair cannot be fully repairedcaused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the Demised Premises for which Tenant is responsible, using only the contractor for the regular inspection (trade or trades in question, selected from a list of at least quarterlytwo contractors per trade submitted by Owner. If any replacements become necessary or advisable, Tenant shall make replacements of equal quality, value and design, as reasonably determined by the Owner. If, in the Owner’s sole opinion, any repairs or maintenance are not made within 60 days, then in addition to any other remedies Owner may have, Owner may perform the obligation of Tenant and charge the Tenant the cost of same as Additional Rent. However, the aforesaid 60 days shall be reasonably extended if Tenant is making a good faith effort to make the required repair or perform the required maintenance but is prevented from doing so for reasons beyond Tenant’s reasonable control.
(b) Owner shall maintain in good working order and maintenance repair the exterior and the structural portions of the building, including the structural portions of the Demised Premises, and the public portions of the building interior and the building plumbing, electrical, heating and air conditioning system ventilating systems (to the extent such systems presently exist) serving the Demised Premises. Tenant agrees to give prompt notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by a licensed reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the Demised Premises or in and qualified heating and air conditioning contractorto the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall perform not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the Covenants of this or any other Article of this Lease. Tenant agrees that Tenant’s sole remedy at law in such HVAC inspection and maintenance with duly licensed and qualified employeeinstance will be by way of an action for damages for breach of contract. The cost provisions of such preventive maintenance contract this Article 5 shall be paid by Tenant and an expense solely chargeable to not apply in the case of fire or other casualty which are dealt with elsewhere in this Lease.
(c) Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at shall cause all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance portions of the Property. All Demised Premises used for storage, preparation, service or consumption of Tenant’s obligations food or beverages regularly to maintain and repair shall be accomplished at Tenant’s sole expense. If exterminated against infestation by vermin, rodents or roaches by persons approved in writing in advance by Owner.
(d) Tenant fails will not clean nor require, permit, suffer or allow any window in the Demised Premises to maintain and repair be cleaned from the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required outside in case violation of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesany applicable law.
Appears in 1 contract
Sources: Lease Agreement (Edgar Online Inc)
Maintenance and Repairs. 7.1 Tenant shall(a) Landlord, at its sole cost and expense, throughout shall maintain in a good state of repair all structural portions of the Term walls, floors and all renewals foundations except for any repairs caused by the wrongful or negligent act of Tenant or its agents. Landlord shall also be responsible for replacement of the roof if necessary, in Landlord's sole discretion.
(b) Tenant at Tenant's sole cost and extensions thereof, expense shall maintain the Premises and appurtenances and every part thereof (excepting those items which Landlord is obligated to repair pursuant to Section 8.1(a)) in good order, condition and repair, including, but not limited to, exterior glass and the interior surfaces of the ceilings, roof, walls and floors, all doors, locks, windows, all plumbing pipes, electrical wiring, switches, fixtures, signs and equipment installed by or at the expense of Tenant. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good order, condition and repair. Tenant's maintenance, repair, and replacement obligations shall specifically include the HVAC system of the Premises. Tenant shall employ, at Tenant's sole cost and expense, during the entire Term and any extensions thereof, qualified companies (licensed in the State where the Property is located) to provide regular inspection, maintenance (including, without limitation, routine maintenance such as filter changes), repair, and replacement of the HVAC system. It is the intention of the parties that Tenant shall, in all events and for any reason whatsoever, be solely responsible for the maintenance, repair and/or replacement of the HVAC system serving the Premises and that Landlord shall have no obligation, and shall incur no cost, for the maintenance, repair and/or replacement of the HVAC system serving the Premises. Notwithstanding the foregoing, upon the expiration or earlier termination of this Lease, the HVAC system serving the Premises (including any maintenance work, repairs, and/or replacements thereof by Tenant) shall be the sole property of Landlord. Further, upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises in the same condition as received, ordinary wear and tear and damage by earthquake, act of God or the elements alone excepted, and shall promptly remove or cause to be removed at Tenant's expense from the Premises any signs, notices and displays placed by Tenant. Tenant agrees to repair any damages to the Premises caused by or in connection with the removal of any articles of personal property, business or trade fixtures, machinery, equipment, cabinetwork, furniture, moveable partition or permanent improvements or additions, including without limitation thereto, repairing the floor and patching and painting the walls where required by Landlord to Landlord's reasonable satisfaction, all at Tenant's sole cost and expense. Tenant shall indemnify the Landlord for, from, and against any Claims resulting from delay by Tenant in so surrendering the Premises, including but not limited without limitation any Claims made by any succeeding Tenant based upon such delay. In the event Tenant fails to heating maintain the Premises in good order, condition and air conditioning equipmentrepair, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving Landlord shall give Tenant notice to do such acts as are reasonably required to so maintain the Premises. In the event Tenant fails to promptly commence such work and diligently prosecute it to completion, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. then Landlord shall use reasonable efforts have the right to extend do such acts and expend such funds at the expense of Tenant as are reasonably required to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employeework. The cost of such preventive maintenance contract Any amount so expended by Landlord shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly promptly after demand with interest at ten percent (10%) per annum or the maximum rate allowable by Landlord to Tenant where Landlord on Tenant’s behalf enters into law from the date of such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf)work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the right, upon notice to Tenant, to undertake use of the responsibility for preventive maintenance Premises by Tenant as a result of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. performing such work.
(c) Landlord and Tenant intend thatshall each do all acts required to comply with all applicable laws, at all times during ordinances, regulations and rules of any public authority relating to their respective maintenance obligations as set forth herein.
(d) Tenant acknowledges that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping and ventilation practices. Tenant acknowledges the Termnecessity of housekeeping, ventilation and moisture control (especially in kitchens, janitor's closets, bathrooms, break rooms and around outside walls) for mold prevention. Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations agrees to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionimmediately notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergencyincluding leaks), enter the Premises and perform such maintenance or repair on behalf allow Landlord to evaluate and/or make recommendations. Tenant waives and indemnifies Landlord and Landlord's property manager for, from and against all liabilities, claims, losses, causes of Tenant; provided such entry is made in compliance with Applicable Lawsaction, including but not limited tocharges, the Marijuana code. In such casespenalties, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable damages, costs or expensesexpenses (including reasonable attorneys' fees and costs), of whatsoever character, nature or kind, whether to property or person, whether by direct or derivative action, and whether known or unknown, suspected or unsuspected or latent or patent in any way arising from or relating to or associated with moisture or the growth of or occurrence of mold or mildew on the Premises. Tenant acknowledges that the control of moisture and mold prevention are material obligations of Tenant under this Lease.
Appears in 1 contract
Sources: Commercial Lease
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or intentional or unlawful conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor approved by Owner, such approval not to be unreasonably withheld or delayed. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's reasonable expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder, upon Tenant becoming aware thereof. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof, provided Owner uses all reasonable efforts to avoid interference with Tenant's business during the course of such work. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency)fire or other casualty, enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana codeArticle 9 hereof. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.[SEE ARTICLE 54]
Appears in 1 contract
Sources: Sublease (Media Metrix Inc)
Maintenance and Repairs. 7.1 10.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the TermLease Term and at Tenant's sole cost and expense, Tenant maintain, repair and replace all parts of the Premises (other than those portions of the Premises that are Landlord's responsibility pursuant to section 10.2 below), and shall maintain the Premises all fixtures and appliances in good order and condition operating condition, ordinary wear and appearances reasonably commensurate with tear and damage thereto by fire or other casualty excepted. Tenant will also repair, or reimburse Landlord for, any blockage of or damage to the balance sewer lines and sewer system at the Business Center that results from anything that enters the sewer lines from the Premises (and such entry was not caused or triggered by any acts or omissions of Landlord or any of its agents, employees, affiliates, officers, directors, members, managers, partners, contractors, subcontractors, or other representatives). Tenant will provide and pay for all garbage removal from the Property. All of Tenant’s obligations Premises and shall arrange for all janitorial services to maintain and repair shall be accomplished the Premises at Tenant’s 's sole cost and expense. If Landlord designates a garbage removal service for the Business Center, Tenant fails will use that service and pay Tenant's pro rata share of the cost on the first day of each calendar month in advance. Tenant will perform all repairs and replacements with first-class materials and with first-class workmanship. Anything herein to the contrary notwithstanding, it shall be Landlord’s responsibility, and not Tenant’s responsibility, to replace the HVAC equipment and/or HVAC systems serving the Premises if Landlord determines in its reasonable discretion that such HVAC equipment and/or HVAC systems serving the Premises needs to be replaced. Tenant will, at ▇▇▇▇▇▇'s sole cost, maintain throughout the Lease Term a regularly scheduled preventative maintenance and service contract or contracts with a contractor or contractors specializing and experienced in the maintenance of HVAC equipment, for the maintenance of the HVAC Systems serving solely the Premises. The maintenance and service contract shall include all services suggested by the equipment manufacturer (including requiring that the filters be changed at least every 60 days) and shall become effective (and Tenant shall deliver a copy to Landlord) within ninety (90) days after the Commencement Date. Tenant shall at all times maintain the HVAC Systems serving solely the Premises in compliance with all applicable federal, state and local laws. If a leak occurs in any portion of the HVAC Systems serving solely the Premises, Tenant shall promptly repair such leak in compliance with all applicable federal, state and local laws and complete such repairs within any deadline imposed by such federal, state or local laws. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and disbursements, arising from or related to any failure by Tenant to maintain, or cause to be maintained, the HVAC Systems in compliance with all applicable federal, state and local laws or any failure by Tenant to repair any leak in any portion of the HVAC Systems in compliance with all applicable federal, state and local laws. If Tenant replaces any part or component of the HVAC Systems and receives a warranty from the manufacturer or a guaranty by the installer, Tenant shall furnish a duplicate original of each such warranty and guaranty to Landlord. Tenant shall, at the end of the term of this Lease, surrender to Landlord the Premises with the HVAC Systems in good condition and working order, ordinary wear and tear and damages thereto by Casualty excepted. Notwithstanding the provisions of this section 10.1 to the contrary, Landlord may at any time, upon thirty (30) days' notice to Tenant, assume maintenance of the HVAC Systems, in which case Tenant will reimburse Landlord for the cost reasonably incurred by Landlord in maintaining, repairing and replacing such HVAC Systems within thirty (30) days following demand from Landlord; provided, however, that the cost of any capital repairs or replacements of the HVAC Systems shall be reasonably amortized as determined by Landlord and consistent with prudent real property management practices for comparable buildings in the Menlo Park area, together with interest thereon at the rate of seven percent (7%) per annum. Tenant hereby waives all rights under California Civil Code section 1941 and all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises as required provided by California Civil Code section 1942 or any other law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise, other than as expressly provided in this SectionLease, to alter, remodel, improve, repair, maintain, decorate or paint the Premises or the Building or any part thereof or any equipment, fixtures or improvements therein.
10.2 Landlord mayshall maintain the structural elements and exterior portions of the Building, on 10 days’ prior written notice (except that no notice including without limitation the roof, foundation, footings, floor slab and load bearing walls, in reasonably good order and condition and, during the Warranty Period, shall maintain the Building Systems in good condition and repair. In addition, it shall be required in case of emergency)Landlord’s responsibility, enter and not Tenant’s responsibility, to replace the HVAC equipment and/or HVAC systems serving the Premises if Landlord determines in its reasonable discretion that such HVAC equipment and/or HVAC systems serving the Premises needs to be replaced. Any damage in or to any such areas or elements caused by Tenant or any agent, employee, contractor, licensee or invitee of Tenant shall be repaired by Landlord at Tenant's expense and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon therefor within thirty (30) days following ▇▇▇▇▇▇’s receipt of written demand therefor, as additional rent. Landlord shall not be liable for all costs incurred in performing such maintenance any criminal acts of others or repair plus an administration fee equal for any direct, consequential or other loss or damage related to 5% any malfunction, circumvention or other failure of such actual and reasonable costs any access control service, device or expensespersonnel.
Appears in 1 contract
Sources: Lease (Talis Biomedical Corp)
Maintenance and Repairs. 7.1 a. Tenant shall, at its expensesole Cost and Expense will keep in good, throughout clean, first class and operable condition the Term Leased Premises and all renewals and extensions every part thereof, maintain in good orderincluding, condition and repair the Premises, including but not limited to heating and to, all plumbing, heating, roof, parking lot, ventilation, air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively in, on or serving the Leased Premises, electric light fixtures, bulbs, tubes and tube casingswindows, doors, floor coveringsfloors, dock doorsinterior walls, levelersthe roof, plumbing system exterior walls, ceiling and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion basement which are part of the Premises Leased Premises, and will make or any system cause to be made all necessary or equipment in appropriate repairs, replacements or renewals thereof, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen, capital or ordinary.
b. In addition to the Premises which Tenant is obligated to repair cannot be fully repairedforegoing, Tenant shall promptly replace be required to make such repairs, maintenance and replacements at such reasonable intervals as the sameparties may agree, regardless which intervals are initially designated on Exhibit D. Tenant will maintain a software package that schedules all preventative maintenance procedures with the settings consistent with those set forth on Exhibit D. Such repairs, maintenance and replacements shall be done in a good, workmanlike and first class manner. If Landlord so requires, Tenant shall obtain Landlord's consent, which shall not be unreasonably withheld, as to the selection of whether the benefit contractors prior to commencement of such work. Subject to Tenant's right to use internal personnel for repair, replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorobligations, or Tenant shall perform such contract for regular maintenance and upkeep for landscaping, elevators, janitorial and the HVAC inspection system, and maintenance shall provide Landlord with duly licensed and qualified employee. The cost copies of such preventive maintenance contract shall be paid by Tenant concurrently herewith and an expense solely chargeable within five (5) business days after Landlord's request. If Landlord and/or a successor in interest to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible bound by such contracts, such contracts shall include a clause that makes them terminable upon thirty (30) days written notice from Landlord. Unless Tenant has contracted for janitorial services repair, replacement and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend thatmaintenance obligations with a third-party, at all times during the Lease Term, Tenant shall maintain internal maintenance personnel adequate to maintain the Leased Premises in good order good, clean, first class and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expenseoperable condition. If Tenant fails does not maintain such internal maintenance personnel, as Landlord shall reasonably determine, Tenant shall enter into such maintenance contracts on such terms and conditions as Landlord shall reasonably require.
c. Tenant shall also cause the Leased Premises to maintain be inspected by a licensed contractor on an annual basis, or at such other times as Landlord shall reasonably designate, and Tenant shall perform, subject to Unavoidable Delays, within forty five (45) days after the presentation of the contractor's findings, all repairs, maintenance and replacements designated by said contractor. If Landlord so requires, Tenant shall obtain Landlord's consent, which shall not be unreasonably withheld, as to the selection of said contractor. Tenant shall also cause the roof, parking lot, plumbing and electrical systems to be inspected by a licensed roofing contractor, paving company, plumbing company or electrical company as applicable, on an annual basis, or at such other times as Landlord shall designate and Tenant shall perform, subject to Unavoidable Delays, within forty five (45) days after the presentation of the contractor's findings, all repairs, maintenance and replacements designated by said contractor. Tenant shall provide Landlord with a copy of any reports or findings pursuant to any inspection required hereunder within five (5) business days after Tenant's receipt thereof.
d. If Tenant does not timely perform all of its maintenance, repair the Premises and replacement obligations as required by the terms of this SectionLease, Landlord may, on 10 days’ prior written notice (except that but shall have no notice shall be required in case of emergency)obligation to, enter the Premises and perform such maintenance or repair on behalf of obligations at Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code's sole Cost and Expense. In such casesevent, Tenant shall reimburse Landlord immediately upon demand for all costs incurred Costs and Expenses associated therewith upon demand, with interest at the Default Rate from date of payment by Landlord. Such sums shall be considered Rent for all purposes hereunder.
e. Tenant shall be required to maintain the Leased Premises in performing a first class condition through the Lease Term, at its sole Cost and Expense. Notwithstanding anything contained herein to the contrary, Tenant shall be solely responsible for all maintenance, repairs and replacements affecting the Leased Premises during the Lease Term and in no event shall Tenant be deemed an agent of Landlord for the purpose of conducting such maintenance or repair plus an administration fee equal to 5% maintenance, repairs, and replacements without the express written acknowledgement of such actual and reasonable costs or expensesagency by Landlord.
Appears in 1 contract
Maintenance and Repairs. 7.1 A. Tenant shall, will at its expense, throughout all times maintain the Term and all renewals and extensions thereof, maintain Leased Premises in good order, condition repair and repair the Premises, including but not limited to heating in a clean and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenantorderly condition, as and if available, any bulk buying power that Landlord may have with such contractors be reasonably directed by Redbird or vendors. If any portion the City of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallDallas, at Tenant’s 's sole expense, maintain a preventive maintenance contract providing except for repairs which are obligations of Redbird, as hereinafter provided. Redbird is responsible for the regular inspection (at least quarterly) concrete pads, all plumbing and roof leaks, structural integrity of the building, and exterior maintenance of the heating hanger and air conditioning system by a licensed all improvements on the Leased Premises. Redbird shall have no responsibility for interior painting, lighting, ventilating equipment, and qualified heating and air conditioning contractor, any other building maintenance or repairs not designated as Tenant's responsibility. In the event Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost suffer any loss or other damage as the result of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails Redbird's failure to maintain and repair the Leased Premises, then Redbird shall be obligated to and shall promptly reimburse Tenant for the losses and other damage Tenant suffers including reasonable and necessary attorney's fees to make demand and collect reimbursement if Redbird fails to promptly make reimbursement.
B. Redbird shall not be liable to Tenant, or to any invitee or licensee of Tenant, for any injury to a person or damage to property resulting from the Leased Premises as becoming out of repair or from a defect in or failure of equipment for which Tenant is responsible for maintenance and repairs, except where due to Redbird's knowing failure to make required by this Section, Landlord may, on 10 days’ prior repairs after written notice to Redbird of the need for such repairs.
C. Tenant shall:
1. Be responsible for pest control inside of the premises at Tenant's sole expense;
2. Keep all fixtures, equipment and personal property in good condition (except that no notice shall be required in case of emergency), enter the Premises reasonable wear and tear excepted) and perform such maintenance or repair on behalf all ordinary repairs and interior painting. Such repairs and painting by Tenant to be of Tenant; provided such entry is made in compliance with Applicable Laws, including but a quality and class not limited to, inferior to the Marijuana codeoriginal material and workmanship. In such casesaddition, Tenant shall reimburse Landlord immediately upon demand for at its own expense perform all costs incurred in performing such necessary repairs and other maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.floor covering, interior painting, and
Appears in 1 contract
Sources: Lease Agreement (Aviation Group Inc)
Maintenance and Repairs. 7.1 (a) Tenant shall, at its own cost and expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair and replace as necessary the Demised Premises, including but not limited to heating and the heating, air conditioning equipmentand ventilation systems, glass, windows and doors, sprinkler, all plumbing and sewage systems, fixtures, interior walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) including routine cleaning and maintenance of the heating floor slabs), dock areas, dock ramps, ceilings, storefronts, plate glass, skylights, all electrical facilities and air conditioning system by a licensed equipment including, without limitation, lighting fixtures, lamps, fans and qualified heating any exhaust equipment and air conditioning contractorsystems, electrical motors, and all other appliances and equipment (including, without limitation, dock levelers, dock shelters, dock seals and dock lighting) of every kind and nature located in, upon or Tenant shall perform about the Demised Premises, except as to such HVAC inspection maintenance, repair and maintenance with duly licensed and qualified employee. The cost replacement as is the obligation of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable Landlord pursuant to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalfSection 10(b). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during During the Term, Tenant shall maintain in full force and effect a service contract for the Premises in good order maintenance of the heating, ventilation and condition and appearances air conditioning systems with an entity reasonably commensurate acceptable to Landlord; provided, however, that during the one year period following the Lease Commencement Date, such service contract shall be maintained with the balance contractor that installed the heating, ventilation and air conditioning systems and shall provide for at least two preventive maintenance service calls during such one year period. Tenant shall deliver to Landlord (i) a copy of said service contract prior to the Lease Commencement Date, and (ii) thereafter, a copy of a renewal or substitute service contract within thirty (30) days prior to the expiration of the Propertyexisting service contract. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair Notwithstanding the Premises as required by this Sectionforegoing, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), have the option to enter the Premises into such service contract for and perform such maintenance or repair on behalf of Tenant; provided Tenant and, in the event Landlord elects such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such casesoption, Tenant shall reimburse Landlord immediately upon demand for Landlord, as Additional Rent, all of Landlord’s reasonable costs incurred in performing connection with such service contract, as well as Landlord’s actual costs of repair and maintenance of the heating, ventilation and air conditioning systems. Tenant’s obligation shall exclude any maintenance, repair and replacement required because of the act or negligence of Landlord, its employees, contractors or agents, which shall be the responsibility of Landlord.
(b) Landlord shall, at its own cost and expense, maintain in good condition and repair the foundation (beneath the floor slab except to the extent repair of the floor slab is necessary due to structural defects in the integrity of the floor slab), and structural frame of the Building. Landlord’s obligation shall exclude the cost of any maintenance or repair plus an administration fee equal required because of the act or negligence of Tenant or any of Tenant’s subsidiaries or affiliates, or any of Tenant’s or such subsidiaries’ or affiliates’ agents, contractors, employees, licensees or invitees (collectively, “Tenant’s Affiliates”), the cost of which shall be the responsibility of Tenant. Landlord shall never have any obligation to 5% repair, maintain or replace, pursuant to this subsection 10(b) or any other provision of such actual this Lease, any Tenant’s Change (as defined in Section 18 hereof).
(c) Unless the same is caused solely by the negligent action or inaction of Landlord, its employees or agents, and reasonable costs is not covered by the insurance required to be carried by Tenant pursuant to the terms of this Lease, Landlord shall not be liable to Tenant or expensesto any other person for any damage occasioned by failure in any utility system or by the bursting or leaking of any vessel or pipe in or about the Demised Premises, or for any damage occasioned by water coming into the Demised Premises or arising from the acts or neglects of occupants of adjacent property or the public.
Appears in 1 contract
Sources: Industrial Lease Agreement (Dirtt Environmental Solutions LTD)
Maintenance and Repairs. 7.1 Tenant shall9.1 AGENT is authorized to make or cause to be made, at its expensethrough contracted services or otherwise, throughout all ordinary repairs and replacements reasonable necessary to preserve and maintain the Term PREMISES in an attractive condition and in good state of repair for the operating efficiency of the PREMISES, and all renewals and extensions thereofalterations required complying with lease requirements, maintain in good ordergovernmental regulations or insurance requirements. AGENT is also authorized to purchase or rent, condition and repair the Premises, including but not limited to heating and air conditioning all equipment, wallstools, floors appliances, materials, supplies, and ceilingsother items necessary for the management, window exteriorsmaintenance, mechanical or operation of the PREMISES. Such maintenance expenses will be paid by the OWNER and electrical systems through the OPERATING ACCOUNT. AGENT shall not be liable to OWNER for any act, omission, or breach of duty of such independent contractor or supplier.
9.2 At AGENT’s discretion, a 10% fee of gross invoices for all labor and equipment exclusively serving material arranged for and contracted by AGENT for remodeling, redecorating or repair of the PremisesPREMISES may be charged.
9.3 OWNER acknowledges that AGENT’s business relationship with vendors may create certain benefits in the form of rebates, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, gratuities and/or discounts that AGENT may choose to pass along to OWNER.
9.4 OWNER approves AGENT to contract for Preventative Maintenance at the expense of the OWNER. The contractor will check all plumbing system and plumbing fixtures, Tenant’s signs caulking, door stops, dryer vents, smoke and/or CO detectors, and utility facilities furnace filters and make necessary repairs. AGENT agrees to back-charge TENANT for TENANT related expenses.
9.5 OWNER approves AGENT to hire contractors to repair, maintain, redecorate, or alter the PREMISES, provided that AGENT does not maintained by Landlordexpend more than$ , for any single repair or maintenance item, without prior notice to OWNER. Landlord shall use reasonable efforts to extend to Tenant Additionally, A/C, furnace, water heater, roof leaks and other urgent, emergency and /or “no option” repairs are exempt from the benefit from warranties on such items, if any, above stated amount.
9.6 OWNER acknowledges that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion a turnover of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterlyTENANT(S) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises clean and perform such maintenance or repair on behalf of Tenant; provided such entry is made repairs to make the property “rent ready” can easily exceed the above stated dollar cap. AGENT shall supply OWNER with a move-out conditions report including photos and recommendations for repairs and cleaning and OWNER authorizes AGENT to proceed with those repairs and cleaning unless otherwise directed by OWNER in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred writing in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesa timely fashion.
Appears in 1 contract
Sources: Rental Management Agreement
Maintenance and Repairs. 7.1 At the time of lease commencement and prior to Tenant's possession of the Premises, Tenant shalland its architect and project manager shall prepare and deliver to Landlord a written punch list of then-known building deficiencies. Landlord shall correct all such deficiencies within thirty (30) days after receipt of said written punchlist, except if the nature of the deficiency is such that it cannot be corrected in thirty (30) days, then Landlord shall have an additional reasonable amount of time within which to correct the particular deficiency. If Landlord does not correct any deficiency within the time period permitted above, then Tenant shall have the right to do so and upon completion thereof and delivery to Landlord of written documentation substantiating costs incurred and payment thereof by Tenant, Landlord shall pay Tenant said costs (inclusive of an administrative cost of 10%) within thirty (30) days after receipt of same. If Landlord does not pay any amounts due under the preceding sentence within said thirty (30) day period, then Tenant may deduct the cost thereof from the next installment(s) of Rent payable under the Lease. Tenant's occupancy of the Premises or preparation of a punch list shall not reduce Landlord's obligation to construct the space in accordance with the Final Plans (defined in Exhibit B). Landlord agrees to cooperate with Tenant to enforce, at its Tenant's sole cost and expense, throughout any express warranties or guaranties of workmanship or materials given by subcontractors or materialmen that guarantee or warrant against defective workmanship or materials and to cooperate with Tenant in the Term enforcement, at Tenant's sole cost and all renewals expense, of any service contracts that provide service, repair or maintenance to any item incorporated in the Building; provided that Landlord will not charge Tenant for Landlord's employees' time in such cooperation.
7.2 During the Term, Tenant at Tenant's expense but under the direction of Landlord, shall repair and extensions thereofmaintain Tenant's signage and the interior of the Premises, including, without limitation, the interior walls, floor coverings, ceiling (ceiling tiles and grid), Tenant Improvements, Alterations, Minor Alterations, fire extinguishers, outlets and fixtures, plate glass, doors, door locks and door hardware, security systems, telecommunications systems, and plumbing fixtures, and any appliances (including dishwashers, hot water heaters and garbage disposers) in the Premises, in a first class condition, and keep the Premises and the parking areas in a clean, safe and orderly condition.
7.3 Landlord shall maintain or cause to be maintained in reasonably good order, condition and repair repair, (i) the exterior of the Building and all other exterior improvements constructed upon the Premises, including including, but not limited to heating to, roof (including without limitation flashing and air conditioning equipmentdrainage systems), wallslawn care and landscaping, floors snow removal, parking areas (other than routine maintenance such as debris and ceilingsrubbish removal which shall be performed by Tenant), window exteriors, mechanical and electrical systems and equipment exclusively serving (ii) the following portions of the Premises: fire sprinkler system, electric light fixturesutility lines up to connection points with the building, bulbsHVAC and other Building Systems, tubes and tube casings, doorsfoundations, floor slab (but not floor coverings) and exterior walls of the Building. All costs incurred by Landlord in performing such maintenance and repair shall be included within the definition of Operating Costs pursuant to the terms of this Lease (except as otherwise provided in this Lease), dock doorsprovided, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if anyhowever, that have been made Tenant shall pay directly the cost of repairs for any damage occasioned by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion 's use of the Premises or any system act or equipment omission of Tenant or Tenant's Representatives or Visitors, to the extent (if any) not covered by the property insurance in the form required to be maintained by Landlord pursuant to this Lease (or if covered by insurance, then to the extent of any deductible). Notwithstanding anything herein to the contrary, Landlord shall also maintain or cause to be maintained, at its sole cost, the structural portions of the Premises. 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.
7.4 If any governmental authority promulgates or revises any Law or imposes mandatory controls on Landlord or the Premises which Tenant is obligated relating to repair cannot be fully repairedthe use or conservation of energy or utilities or the reduction of automobile or other emissions or reduction or management of traffic or parking on the Premises (collectively "Controls"), Tenant shall promptly replace comply with such Controls or make any required alterations to the samePremises related thereto.
7.5 Tenant shall have the exclusive right, regardless subject to approval by the City, to place two large lighted signs on the exterior or on the top of whether the benefit Building and one monument sign in front or on the side of such replacement extends beyond the TermBuilding. Tenant shallshall also have the right to post signs in the parking area, at including signs identifying visitors, reserved and/or other parking designations or limitations. All such signage and Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) 's right to install same shall be subject to and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance installed in compliance with duly licensed and qualified employeeapplicable Laws. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to all signage is the responsibility of the Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the rightright to approve the design of such signage provided such approval shall not be unreasonably withheld or delayed. It is intended that Tenant shall have the right to place on the Building two large signs with its logotype and its colors, upon notice subject to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseLandlord's reasonable approval. Tenant shall be responsible for janitorial services obligated to maintain the building-mounted signage. Tenant shall not be obligated to remove the Building mounted sign and trash removal from restore the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during Building exterior surface to its original condition unless the Lease shall be involuntarily terminated earlier than the end of the 144th month of the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this Lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the Building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant also shall repair all damage to the Building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant promptly shall make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two (2) contractors per trade submitted by Owner. Any other repairs in or to the Building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and structural portions of the building, Landlord mayincluding the structural portions of the demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this numbered Article shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle "9" hereof.
Appears in 1 contract
Sources: Lease Agreement (MMC Energy, Inc.)
Maintenance and Repairs. 7.1 (a) Tenant shall, at its own cost and expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair and replace as necessary the interior of the Demised Premises, including but not limited to heating and the heating, air conditioning equipmentand ventilation systems, glass, windows and doors, sprinkler, all plumbing and sewage systems, fixtures, interior walls, floors and (including floor slabs), ceilings, window exteriorsstorefronts, mechanical and plate glass, skylights, all electrical systems facilities and equipment exclusively serving including, without limitation, lighting fixtures, lamps, fans and any exhaust equipment and systems, electrical motors, and all other appliances and equipment (including, without limitation, dock levelers, dock shelters, dock seals and dock lighting) of every kind and nature located in, upon or about the Demised Premises, electric light fixturesexcept as to such maintenance, bulbs, tubes repair and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. replacement as is the obligation of Landlord shall use reasonable efforts pursuant to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalfSection 10(b). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during During the Term, Tenant shall maintain in full force and effect a service contract for the Premises maintenance of the heating, ventilation and air conditioning systems with an entity reasonably acceptable to Landlord. Tenant shall deliver to Landlord (i) a copy of said service contract prior to the Lease Commencement Date, and (ii) thereafter, a copy of a renewal or substitute service contract within thirty (30) days prior to the expiration of the existing service contract. Tenant's obligation shall exclude any maintenance, repair and replacement required because of the act or negligence of Landlord, its employees, contractors or agents, which shall be the responsibility of Landlord.
(b) Landlord shall, at its own cost and expense, maintain in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionroof, Landlord may, on 10 days’ prior written notice foundation (except that no notice beneath the floor slab) and structural frame of the Building. Landlord's obligation shall be required in case exclude the cost of emergency), enter the Premises and perform such any maintenance or repair on behalf required because of the act or negligence of Tenant or any of Tenant; provided 's or such entry is made in compliance with Applicable Lawssubsidiaries' or affiliates' agents, including but not limited tocontractors, employees, licensees and invitees (collectively, "Tenant's Affiliates"), the Marijuana code. In such casescost of which shall be the responsibility of Tenant.
(c) Unless the same is caused solely by the negligent action or inaction of Landlord, its employees or agents, and is not covered by the insurance required to be carried by Tenant pursuant to the terms of this Lease, Landlord shall reimburse Landlord immediately upon demand not be liable to Tenant or to any other person for all costs incurred any damage occasioned by failure in performing such maintenance any utility system or repair plus an administration fee equal to 5% by the bursting or leaking of such actual and reasonable costs any vessel or expensespipe in or about the Demised Premises, or for any damage occasioned by water coming into the Demised Premises or arising from the acts or neglects of occupants of adjacent property or the public.
Appears in 1 contract
Sources: Industrial Lease Agreement (D & K Healthcare Resources Inc)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitee or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury in business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf other casualty which are dealt with in Article 9 hereof. Nothing contained herein shall be deemed a waiver of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, 's [illegible] law right to claim constructive eviction to the Marijuana codeextent permitted by laws and requirements of public authorities if Owner shall fail to perform any of its material obligations under this Lease. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.(See Article 57)
Appears in 1 contract
Sources: Sublease Agreement (International Telecommunication Data Systems Inc)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout agrees to maintain the Term and all renewals and extensions thereof, maintain Premises in reasonably good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. immediately notify Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, should any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorminor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall other, repairs believed to be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseneeded. Tenant shall be responsible for janitorial services monitoring the working order of all smoke detectors and trash removal from fire alarm systems in the Premises; and shall promptly advise Landlord in writing of any part if said system becomes inoperable. Tenant shall be responsible for regular replacement of the Premises’ furnace and air conditioner filters. Major repairs necessary to the Premises shall be reported promptly by Tenant to Landlord in writing and shall be performed by Landlord within a reasonable time and during normal business hours. Tenant shall notify Landlord immediately of any emergency repairs necessary to the Premises. If in Landlord's judgment there is substantial damage to the Premises, at Landlord may terminate this lease by giving written notice to Tenant and the Rent shall be prorated and the balance refunded to Tenant, less lawful deductions. Tenant shall pay Landlord for any property damage and/or cost of repairs to the Premises or appliances therein caused by the negligence or improper use by Tenant, Tenant’s expenseguests or other occupants. Without limitation, the disposal of women’s feminine hygiene products in the waste/sewer system at the Premises shall be negligent/improper use of the Premises. Tenant shall be so as to maintain a good appearance and insure safety on the Premises, or to inform the Landlord if any safety problems arise that Tenant cannot quickly and reasonably remedy as Tenant. Tenant intend thatshall be responsible to reimburse and pay Landlord for the costs of any repair/service calls which are scheduled with Tenant and for which Tenant at the time of such repair/service call, and for forty-five (45) minutes thereafter are unavailable at all times during the TermPremises for such repair/service call. Without limiting the generality of the foregoing, Tenant shall: o Keep all air conditioning filters clean and free from dirt (filters are to be replaced/ changed at least once every 60 days). If Landlord discovers that filters are not being replaced every 60 days, then Landlord shall maintain have this task performed and ▇▇▇▇ the Premises in good order and condition and appearances reasonably commensurate cost for such work to Tenant. Tenant agrees to reimburse Landlord for expenses incurred with the balance filter replacement within 7 days of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expensenotice. If Tenant fails to maintain pay Landlord for such expenses, then Landlord may move terminate lease agreement and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case retain security deposit o Be completely responsible for payment of emergency), enter all necessary treatments to eradicate bed bugs if found at the Premises and perform if their presence, as solely determined by a pest-control professional, was likely due to the action(s), intentional or unintentional, of the Tenant or any person associated with Tenant (family member, friend, etc…) o Be solely responsible for payment of all non-termite pest control services. Landlord shall have no obligation whatsoever to pay for non-termite pest control services at the Premises o Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; o Not obstruct or cover the windows or doors; o Not leave windows or doors in an open position during any inclement weather; o Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such maintenance apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; o Deposit all trash, garbage, rubbish or repair refuse in the locations provided therefore and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on behalf the exterior of any building or within the common elements; o Reimburse Landlord for any damages that are a result of Tenant’s negligence, carelessness, fault, intentional act, or misconduct; provided such entry o Promptly file a police report if the Premises is made damaged in compliance with Applicable Lawsany way by an unknown person. Failure to file a police report and provide a copy to Bluegrass Rental Homes, including LLC in a timely manner will result in the Tenant being charged for the damage to Premises; and o Keep that part of the Premises and yard that they occupy in a safe, sanitary, and clean condition at all times. Tenant is obligated to perform routine maintenance on the yard including, but not limited to, mowing the Marijuana codelawn, trimming trees or bushes, raking leaves, and shoveling or removing snow and ice, whenever necessary to keep the exterior in a state of good appearance and condition, upon through and including the Termination Date of this Lease. In such cases, Tenant shall reimburse in all cases perform routine maintenance of the Premises during the last 7 days of the Lease. Failure to comply will result in the maintenance services being performed by the Landlord immediately upon demand for all and the costs incurred in performing of any such maintenance services being added to the rent due on the 1st of the following month or repair plus an administration fee equal to 5% deducted from the Security Deposit at the sole option of such actual and reasonable costs or expensesLandlord.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. 7.1 Tenant shallLandlord will maintain all Common Areas and Systems serving the Common Areas, at its expensethe roof, throughout downspouts, gutters, foundation, and the Term exterior walls (and all renewals and extensions thereof, maintain any structural interior walls or other structural elements) of the Building in good orderrepair, condition reasonable wear and repair tear excepted. Tenant will repair, replace and pay for, any damage to the Premisesforegoing caused by the negligence or misconduct of Tenant or any Tenant Party, including but or caused by ▇▇▇▇▇▇’s default hereunder. The term “walls” as used herein will not limited to heating and air conditioning equipmentinclude windows, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casingsglass or plate glass, doors, floor coveringsspecial store fronts or office entries. Tenant will promptly give Landlord written notice of defect or need for repairs, dock doorsafter which Landlord will have reasonable opportunity to repair same or cure such defect. Landlord's liability with respect to any defects, levelersrepairs or maintenance for which Landlord is responsible under any of the provisions of this Lease will be limited to the cost of such repairs or maintenance or the curing of such defect. Tenant will at its own cost and expense maintain, plumbing system repair and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant replace the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion entirety of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required those for which Landlord is expressly responsible under the terms of this Lease) in case of emergencyas good condition as received (ordinary wear and tear excepted), enter the Premises promptly making all necessary repairs and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Lawsreplacements, including including, but not limited to, heating, ventilation, cooling, plumbing, telecommunications, electrical and any other systems (the Marijuana code“Systems”) within or serving the Premises, lighting fixtures, ballasts and bulbs, windows and window treatments, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, and floors and floor coverings within or serving the Premises unless any such damage is caused by parties other than Tenant or a Tenant Party. In Landlord shall insure that the Systems will be in good working order and condition upon the Commencement Date. Landlord shall assign to Tenant all warranties that are legally assignable, and if not assignable, shall cooperate with Tenant to enforce such caseswarranties. ▇▇▇▇▇▇▇▇ agrees to assign, to the extent legally assignable, any and all manufacturers’ warranties for the Tenant Improvements, directly to the Tenant, which warranties shall include, but not be limited to, warranties for the Systems, which shall be the standard warranties available from the manufacturers. Additionally, Landlord acknowledges and agrees that any replacements made to any Systems, or any material components thereof (during the last 24 months of the then-existing Lease Term), shall be made by Landlord, and amortized over its useful life, and charged as a capital expense under the Operating Expense formula. Subject to compliance with any notice and right to cure provisions contained in this Lease, if Tenant shall fail to fulfill its obligations under this Section, the Landlord may enter upon the area of the Building or the Premises as required to perform the obligations of the Tenant, and will be entitled to reimbursement from the Tenant for its actual costs and expenses in conducting such obligations. The Tenant will reimburse the Landlord immediately for its actual costs and expense promptly upon demand for all costs incurred in performing such maintenance made by the Landlord. The provisions of this subparagraph will not be interpreted to obligate the Landlord to perform obligations of the Tenant. Tenant will not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and will, at its sole cost and expense, promptly repair plus an administration fee equal any damage or injury to 5% of such actual and reasonable costs any demising wall caused by Tenant or expensesany Tenant Party.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant Subtenant shall, at its Subtenant's sole cost and expense, throughout keep and maintain the Term Premises in good condition and repair, including without limitation, all necessary maintenance and repairs to all portions of the Premises and all renewals and extensions thereofexterior entrances, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilingsall glass, window exteriorscasements, mechanical and electrical systems and equipment exclusively serving the Premisesshow window moldings, electric light fixtures, bulbs, tubes and tube casingsall partitions, doors, floor coveringsdoorjambs, dock doorsdoor closers and hardware fixtures exclusive of normal maintenance services. All damage or injury to the Building and/or common areas in which the same are located, levelerscaused by the negligence of Subtenant, plumbing system its employees, agents or visitors, shall be repaired by Subtenant at Subtenant's sole cost and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlordexpense. Landlord Subtenant shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If promptly replace any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends extends, beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for It is the regular inspection (at least quarterly) intention of Sublessor and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend Subtenant that, at all times during the Term, Tenant shall Subtenant shall, at its cost, maintain the Premises in good order compliance with all applicable laws and in the same condition and appearances reasonably commensurate with as existed upon the balance Commencement Date of the PropertySublease, reasonable wear and tear excepted. All Notwithstanding the foregoing, Sublessor hereby agrees to perform the repair obligations for the Building as described in Section 7(A) of Tenant’s obligations the Main Lease and Subtenant agrees to maintain and reimburse Sublessor for its Proportionate Share of such repair costs after the opportunity to review Sublessor's receipts for such repair costs. The cost of any repair which is capital in nature shall be accomplished amortized on a straight line basis over its useful life ("Useful Life") at Tenant’s sole expensean interest rate not to exceed ten percent (10%) and Subtenant shall reimburse Sublessor the amount equal to Subtenant's Proportionate Share of the annualized amortization during the Term of this Sublease. If Tenant fails The Useful Life of a capital item shall be determined using the United States Internal Revenue Service standard depreciation schedule in effect on the date that the applicable capital expenditure is made. Subtenant shall also reimburse Subtenant's Proportionate Share of the annualized amortization of any improvement or replacement which is capital in nature, provided that the item is intended to maintain and repair result in a cost savings, then only to the Premises as extent of saving actually realized. Subtenant shall not be required to reimburse Sublessor for any changes, alterations or improvements to any portion of the Building first required by this Sectionany law or regulation prior to the Term Commencement Date, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case to the extent not attributable to Subtenant's use and occupancy of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesPremises.
Appears in 1 contract
Maintenance and Repairs. 7.1 (a) Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Demised Premises or any system or equipment in and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services repair of all damage or injury to the Demised Premises or any other part of the Building and trash removal the systems and equipment thereof, requiring nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant’s subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment (except by Landlord) done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant, except by Landlord. Tenant shall also repair all non-structural damage to the Building and the Demised Premises caused by the moving of Tenant’s fixtures, furniture and equipment. If structural damage to the Building is caused by or results from carelessness, omission, neglect or improper conduct of Tenant, Tenant’s subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or’ equipment done for or supplied to Tenant or any subtenant or arising out of the installation, use or operation of the property or equipment of Tenant or any subtenant, or is caused by the moving of Tenant’s fixtures, furniture and equipment, then Landlord shall make such structural repairs and Tenant shall promptly reimburse Landlord for such work upon presentment of a bill therefor, such reimbursement to be deemed Additional Rent. Tenant shall promptly make, at Tenant’s expenses, all repairs in and to the Demised Premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Landlord. Any other repairs in or to the Building or the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord at the Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, The foregoing obligations of Tenant shall survive the expiration or earlier termination of this lease. Landlord shall maintain the Premises in good working order and repair the exterior and the structural portions of the Building, including the structural portions of the Demised Premises, and the public portions of the Building’s interior and the Building’s plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the Demised Premises. T▇▇▇▇▇ agrees to give prompt notice of any defective condition in the Demised Premises for which Landlord may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and appearances reasonably commensurate no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord or others making repairs, alterations, additions or improvements in or to any portion of the Building or the Demised Premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Landlord to comply with the balance covenants of the Propertythis or any other provision of this Lease. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant agrees that Tenant’s sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Paragraph shall not apply in the case of fire or other casualty which are dealt with in Paragraph 14 hereof.
(b) Except if required by the neglect or other fault of Landlord, Tenant at its expense. If Tenant fails to maintain , shall replace all scratched, damaged or broken doors or other glass in the Demised Premises and shall be responsible for all maintenance and repair of lighting fixtures and wall and floor coverings in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesDemised Premises.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall9.1 AGENT is authorized to make or cause to be made, at its expensethrough contracted services or otherwise, throughout all ordinary repairs and replacements reasonably necessary to preserve and maintain the Term PREMISES in an attractive condition and in good state of repair for the operating efficiency of the PREMISES, and all renewals alterations required to comply with lease requirements, governmental regulations, or insurance requirements. At the request and extensions thereofexpense of the OWNER, maintain in good orderthe AGENT may decorate the PREMISES and to purchase or rent, condition and repair the Premiseson OWNER's behalf, including but not limited to heating and air conditioning all equipment, wallstools, floors appliances, materials, supplies, and ceilingsother items necessary for the management, window exteriorsmaintenance, mechanical or operation of the PREMISES. Such maintenance and electrical systems decorating expenses will be paid by the OWNER and equipment exclusively serving through the PremisesOPERATING ACCOUNT. AGENT shall not be liable to OWNER for any act, electric light fixturesomission, bulbsor breach of duty of such independent contractors or suppliers. SAMPLE
9.2 Due to the volume of business and AGENT’S business relationships with vendors, tubes certain benefits in the form of rebates, gratuities and tube casingsdiscounts are sometimes made available to AGENT and its employees. AGENT does not ▇▇▇▇ up invoices and charges to OWNERS and therefore, doorsAGENT retains all available discounts, floor coveringsgratuities, dock doorsand rebates. AGENT shall always award vendor contracts and otherwise deal with vendors based upon price, levelersavailability, plumbing system workmanship and industry reputation.
9.3 AGENT shall contract for bi‐annual interior preventative maintenance at the rate of $50 (fifty dollars) per visit at the expense of the Owner. The contractor will check plumbing fixtures, Tenant’s signs caulking, doorstops, dryer vents, smoke detectors, furnace filters and utility facilities make the necessary repairs. AGENT agrees to back‐ charge tenant for tenant related expenses. Owner acknowledges this is a not maintained a full home inspection and Owner agrees to hold AGENT and Vendor harmless and keep them exonerated from all loss, damage, liability or expense occasioned or claimed by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors reasons of acts or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion neglect of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing Vendor and/or his employees for the regular inspection (purpose of conducting the bi‐annual interior maintenance walk through.
9.4 At the expense of the Owner, smoke detectors and carbon monoxide detectors will be installed if not already present. Smoke detectors will be installed in a minimum of each bedroom. Carbon monoxide detector(s) are to be installed between bedrooms, with at least quarterly) one on each level.
9.5 The expense incurred for any one transaction shall not exceed $150.00 (one hundred fifty dollars), except monthly or recurring operating charges and maintenance emergency repairs, unless otherwise authorized by the OWNER, typically done via e‐mail. OWNER will advise agent of additional forms of preferred contact.
9.6 Owners are not authorized to have or keep keys to the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times Property during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance life of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesAgreement.
Appears in 1 contract
Sources: Rental Management Agreement
Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant shall, at its expense, throughout agrees that the Term Premises are then in a good and all renewals and extensions thereoftenantable condition. Tenant shall be responsible to clean, maintain in good order, condition and repair the Premises, including providing janitorial services and disposal of trash; and to that end, during the Term, Tenant, at Tenant's expense but not limited to heating under the direction of Landlord, shall repair and maintain the Premises, including, without limitation, any elevator, the heating, ventilating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical system or systems and equipment exclusively serving the Premises, electric light the electrical and plumbing systems serving the Premises, including the lighting and plumbing fixtures, bulbsthe restrooms serving the Premises, tubes interior stairways in the Premises, the interior and tube casingsexterior glass, doorsplate glass skylights, interior walls, floor coverings, dock doorsceiling (ceiling tiles and grid), levelersTenant Improvements, plumbing system Alterations, fire extinguishers, outlets and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant any appliances (including dishwashers, hot water heaters and garbage disposers) in the benefit from warranties on such itemsPremises, if anyin a first class condition, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of keep the Premises or any system or equipment in a clean, safe and orderly condition. Prior to the Premises Commencement Date Tenant shall provide Landlord with a copy of a service contract with a licensed commercial Heating, Ventilating and Air-conditioning maintenance company (which Tenant is obligated contract and company shall be subject to repair canLandlord's prior approval, which shall not be fully repairedunreasonably withheld or delayed), Tenant shall promptly replace the sameto maintain, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection on an ongoing basis (at least quarterly), the heating, ventilating and air-conditioning system serving the Premises. Prior to the Commencement Date Landlord shall (a) re-caulk the Building, (b) repaint the exterior of the Building, (c) repair and re-coat the roof of the Building, and (d) cause the following systems (collectively, the "Building Systems") to be inspected and placed in good working order and repair: (i) electrical, (ii) plumbing, (iii) heating, ventilating and air-conditioning, and (iv) life safety systems. If, during the thirty (30) days following the Commencement Date, any of the Building Systems cease being in good working order and repair, and Tenant gives Landlord written notice of such failure within such thirty (30) days following the Commencement Date, then Landlord shall cause such Building System to be placed in good working condition and repair, at no cost to Tenant. Except for any repairs and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake which are the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Landlord pursuant to the immediately preceding sentence, Tenant shall be responsible for janitorial services all repairs and trash removal maintenance of the Building System commencing on the thirty- first (31st)day following the Commencement Date. Tenant acknowledges that the sewer piping at the Development is made of ABS plastic. Accordingly, without Landlord's prior written consent, which consent may be granted or withheld in Landlord's sole discretion, Tenant shall allow only ordinary domestic sewage to be placed in the sewer system from the Premises. UNDER NO CIRCUMSTANCES SHALL TENANT EVER PLACE, at Tenant’s expense. OR ALLOW TO BE PLACED, ANY ESTERS OR KETONES (USUALLY FOUND IN SOLVENTS TO CLEAN UP PETROLEUM PRODUCTS) IN THE DRAINS OR SEWER SYSTEM, FROM THE PREMISES.
7.2 Landlord and Tenant intend thatshall (a) maintain or cause to be maintained in reasonably good order, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with repair, the balance structural portions of the Property. All roof, foundations, floors and exterior walls of the Building, and the public and common areas outside of the Building, (b) that portion of the electrical, water and sanitary sewer systems serving the Building and located outside the Building, (c) wash the exterior windows of the Building on a periodic basis, (d) caulk exterior window joints and concrete slabs and (e) paint the exterior of the Building, all of which shall be included as a part of Operating Costs, subject to the terms and conditions contained in Section 3.2 of this Lease; provided, however, if any maintenance or repair of electrical, water and sanitary sewer systems outside the Building is caused by Tenant’s obligations to maintain 's misuse of such system, the costs of such maintenance and repair shall not constitute a capital expenditure for the purposes of Section 3.2 of this Lease. Landlord shall be accomplished under no obligation to inspect the Premises. Tenant shall promptly report in writing to Landlord any defective condition known to Tenant which Landlord is required to repair. As a material part of the consideration for this Lease, Tenant hereby waives any benefits of any applicable existing or future Law, including the provisions of California Civil Code Sections 1932(1), 1941 and 1942, that allows a tenant to make repairs at its landlord's expense.
7.3 Landlord hereby reserves the right, at any time and from time to time, without liability to Tenant’s sole expense. If , and without constituting an eviction, constructive or otherwise, or entitling Tenant fails to maintain 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 of the Building, the fixtures and repair equipment therein, and the Premises as required by this Section, Landlord may, on 10 days’ prior written notice Building Systems (except that no notice Landlord shall not have any right under this provision to materially reduce the size of the Building, or permanently, materially and adversely affect Tenant's access to and use of the Premises, except only as may be required to comply with Laws or as a result of any fire or other casualty, or Condemnation);
(b) To change the Building's name or street address;
(c) To install and maintain any and all signs on the exterior and interior of the Building;
(d) To reduce, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature of the common areas (including the Parking Facility) and other tenancies and premises in case the Property and to create additional rentable areas through use or enclosure of emergencycommon 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 use or conservation of energy or utilities or the reduction of automobile or other emissions or reduction or management of traffic or parking on the Property (collectively "CONTROLS"), enter to comply with such Controls, whether mandatory or voluntary, or make any alterations to the Premises and perform such maintenance Property related thereto.
(f) In exercising its rights under this Section 7.3, Landlord agrees to use reasonable efforts to minimize any interruption to or repair on behalf disruption of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, 's use of the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesPremises.
Appears in 1 contract
Sources: Sublease (Clarent Corp/Ca)
Maintenance and Repairs. 7.1 (a) Tenant shallshall at Tenant's sole cost and expense keep the Premises in good condition and repair; damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. All damage or injury to the Premises or the Building in which the same are located, caused by the act or negligence of Tenant, its employees, agents or visitors, shall be promptly repaired by Tenant at its sole cost and expense, throughout to the Term reasonable satisfaction of Landlord. Landlord may make any repairs which are not promptly made by Tenant AFTER THIRTY (30) DAYS PRIOR WRITTEN NOTICE FROM LANDLORD and all renewals charge Tenant for the cost thereof. Tenant shall upon the expiration or sooner termination of the term hereof surrender the Premises to Landlord in the same condition as when construction of Tenant Improvements was completed, ordinary wear and extensions tear and damage from causes beyond the reasonable control of Tenant excepted. Landlord shall have no obligation to shampoo or replace the carpeting or draperies of the Premises during the term or any extension thereof. Landlord shall have no obligation to alter, remodel, improve, repair, decorate, or paint the Premises or any part thereof, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
(b) Anything contained in the foregoing Paragraph (a) to the contrary notwithstanding, Landlord shall repair and maintain in good order, condition and repair the Premisesstructural portions of the Building, including but not limited to heating and the ROOF, FOUNDATION, basic plumbing, air conditioning equipmentconditioning, walls, floors and ceilings, window exteriors, mechanical and electrical systems installed or furnished by Landlord OR ANY PREDECESSOR OF LANDLORD. TO THE EXTENT such maintenance and equipment exclusively serving repairs are caused in part or whole by the Premisesact, electric light fixturesneglect, bulbsfault or omission of any duty by Tenant, tubes and tube casingsits agents, doorsservants, floor coveringsemployees or visitors, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by LandlordTenant shall pay to Landlord upon demand the reasonable cost of such maintenance repairs. Landlord shall use reasonable efforts not be liable for any failure to extend make any such repairs or to Tenant perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the benefit need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 20 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from warranties on such itemsthe making of any repairs, if anyalterations, that have been made by Landlord’s contractors or vendors and improvements in or to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Building or the Premises or any system in or to fixtures, appurtenances, and equipment in the Premises which Tenant is obligated to repair cannot be fully repairedtherein, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the TermEXCEPT TO THE EXTENT ARISING OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES. Tenant shallwaives the right to make repairs at Landlord's expense under Subsection 1 of Section 1932, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) Sections 1941 and maintenance 1942 of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorCalifornia Civil Code, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system such law, statute, or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises ordinance now or hereafter in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenseseffect.
Appears in 1 contract
Maintenance and Repairs. 7.1 a. The Tenant shall, at its expense, throughout the Term shall maintain and all renewals and extensions thereof, maintain keep in good order, orderly condition and in a good state of repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion all of the Premises Leased Property and improvements located thereon, whether existing as of the date of this Lease or any system or equipment in the Premises which added thereafter.
b. The Tenant is obligated only responsible for maintenance and repairs on the Leased Property that are ordinary and routine in nature. Tenant will promptly notify Owners of needed maintenance and repairs to the Leased Property that are extraordinary or major in nature. Responsibility for materials and labor costs of needed construction, reconstruction, or major maintenance and repair cannot shall be fully repaired, by mutual agreement of Owners and Tenant. The Tenant shall promptly replace confer with the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing Owners annually on capital improvements needed for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Leased Property as well as scheduling routine maintenance.
c. Tenant shall be responsible for janitorial services the application of herbicide for control of noxious weeds and trash removal from any needed insect control on the Premisescultivated portion of the Leased Property. In using any herbicides or other materials to control noxious and toxic plants or using pesticides for the control of insects on the Leased Property, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain comply with all applicable federal, state, and local laws, rules, and regulations regarding the Premises application and storage of such herbicides, pesticides, and materials, and shall be in good order accordance with any applicable provisions of the Management Plan. The Tenant shall be responsible for the costs of any herbicides or other material necessary to control such plants on those portions of the Leased Property.
d. The Managing Entity shall be responsible for controlling all noxious and condition toxic plants found in the non-cultivated portion of the Property and appearances reasonably commensurate with upon any other portions of the balance Property in use by the Managing Entity for the management of natural resources or recreation. The Managing Entity shall be responsible for the costs of any herbicides or other material necessary to control such plants on those portions of the Property. All .
e. The Tenant shall keep records of Tenant’s obligations to maintain all fertilizer, pesticide, and repair herbicide applications, which records shall be accomplished at Tenant’s sole expenseaccessible and available to the Owners upon reasonable notice for their review and copying.
f. Tenant may manage prairie dogs on the Leased Property with the methods and to the degree Tenant sees fit provided that such methods are humane, conform to local regulations, and follow the best management practices as outlined by the Colorado State University Extension fact sheet 6.506 “Managing Prairie Dogs.”
g. The Managing Entity shall be responsible for any maintenance or repairs necessitated as a result of the Managing Entity, their officers, employees, agents, or permittees entering upon and using the Property as permitted by the Lease.
h. All maintenance and repairs to the Leased Property required of the Tenant must be made promptly and when necessary. In addition, all such maintenance and repairs must be done in a good and workmanlike manner.
i. If the Tenant fails to maintain and repair perform any maintenance or make any repairs required under this Lease, the Premises as required by this Section, Landlord Managing Entity may, but is not required to, make such maintenance and repairs on 10 days’ prior the Tenant's account, and the Managing Entity may add its costs and expenses for such repairs or replacements as additional rent due to the Managing Entity under this Lease. Tenant will then pay such amount to the Managing Entity within thirty (30) days after receiving written notice (except that no notice shall be required in case from the Managing Entity of emergency), enter the Premises costs and perform expenses paid by the Owners for such maintenance and repairs.
j. At the end of the Lease term, or repair on behalf upon termination under paragraph five (5) or paragraph twenty-two (22) of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited tothis Lease, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred re-deliver the Leased Property and the improvements located thereon in performing such maintenance or a condition and state of repair plus an administration fee equal comparable to 5% the condition which existed at the time of such actual original delivery, ordinary wear and reasonable costs or expensestear, as determined by Managing Entity, excepted.
Appears in 1 contract
Sources: Dryland Farm Lease
Maintenance and Repairs. 7.1 Tenant shallExcept as otherwise provided herein, Landlord at its own cost and expense shall maintain and keep in good repair all portions of the Warehouse Premises (specifically excluding the Demised Premises) and the grounds, including, without limitation, the roof and the exterior walls of the building, roadways, railways and sidewalks surrounding such building, and including all mechanical equipment and fixtures such as sprinkler systems, windows, doors, floors, heating, plumbing, air-conditioning equipment, refrigeration equipment (including such equipment within the Demised Premises), sewer system and electrical wiring. Landlord shall provide reasonable services for snow removal from Tenant's access road and parking area. Tenant, at its own cost and expense, throughout shall maintain and keep in good repair all portions of the Term Demised Premises and shall preserve same free from obnoxious odors, vermin, rubbish, debris or any other foreign matter, keep it in a clean and sanitary manner, and shall make all repairs to the Demised Premises necessary to maintain the Demised Premises in its condition at the Commencement Date, reasonable wear and tear excepted. Tenant shall also at its own cost and expense maintain and keep in good repair any and all renewals mechanical equipment and extensions thereof, maintain in good order, condition fixtures furnished or installed by it for the Demised Premises and shall be responsible for the maintenance and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical of all electrical wiring and electrical systems equipment for all of Tenant's equipment installed by Tenant in the Demised Premises. Tenant agrees to keep faucets closed so as to prevent waste of water and equipment exclusively serving flooding of premises and to promptly take care of any leakage or stoppage in any of the water, gas or waste pipes. The Tenant agrees to maintain adequate heat to prevent freezing of pipes. Tenant shall provide snow removal from sidewalks and pedestrian entrances. In addition to all other amounts paid by Tenant to Landlord hereunder, Tenant shall pay in advance to Landlord the total of $[...***...] which amount shall serve as a maintenance reserve for the Demised Premises for Tenant's maintenance expense incurred in maintaining the Demised Premises. During the term of this Sub-Lease, electric light fixturessaid maintenance reserve may be used by Landlord for repair and maintenance expenses incurred in repairing and maintaining the existing Demised Premises excluding the payment for tenant improvements or additions and alterations of the Demised Premises. From time to time, bulbsTenant may submit requests to Landlord to pay for said reasonable repairs and maintenance from said maintenance reserve. Said request shall be approved by Landlord within 15 days of said request unless said expenditure is not for the repair and maintenance of the existing Demised Premises. Upon approval of said request, tubes and tube casingsTenant shall contract to make said repairs only with contractors approved by Landlord or Tenant's employees, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained if approved by Landlord. Landlord may from time to time require Tenant to make all repairs necessary to maintain the Demised Premises in its condition on the Commencement Date, reasonable wear and tear excepted. In the event Tenant does not commence said repairs within 30 days from Landlord's request, then Landlord shall use reasonable efforts have the unconditional right to extend to make said repairs and deduct the total cost of the same from said maintenance reserve and ▇▇▇▇ Tenant for the benefit cost of said repairs in excess of said maintenance reserve. Any bills submitted by Landlord and not paid within 15 days from warranties on such itemsthe date of invoice shall bear interest at 16% per annum. Tenant shall be liable for the payment of all said repair and maintenance expense for the Demised Premises in excess of the maintenance reserve, if anyhowever, that at the end of this Sub-Lease term, any remaining balance in the maintenance reserve after the Demised Premises have been made by Landlord’s contractors or vendors and returned to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of in its condition on the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract Commencement Date shall be paid by Tenant and an expense solely chargeable Landlord to Tenant; but if . Tenant shall surrender the Demised Premises in as good condition as same were at the Commencement Date, reasonable wear and tear only excepted. If such maintenance reserve shall for any reason or at any time fall below or be less than $[...***...], then Tenant shall have 30 days after Landlord so elects, same may be billed directly by invoices Tenant for such deficiency in which to pay Landlord to Tenant where Landlord on Tenant’s behalf enters for deposit into such preventive maintenance contract and in reserve an amount so as to keep the maintenance reserve at $[...***...] at all times. If Tenant does not pay such case shall be deemed Additional Rent (amounts to Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). for deposit within the 30 days as aforementioned, Landlord shall have the right, option to terminate this Sub-Lease upon 30 days written notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 1 contract
Sources: Sub Lease Agreement (Surebeam Corp)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term term of this lease, take good care of the Demised Premises and all renewals the fixtures and extensions thereof, maintain appurtenances therein and keep the same in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenserepair. Tenant shall be responsible for janitorial services nil damage or injury to the Demised Premises or any other part of the Building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant’s subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the Building and the Premises caused by the moving of Tenant’s fixtures furniture and equipment. Tenant shall promptly make at Tenant’s expense all repairs in and to the Premises for which Tenant is responsible using a duly licensed contractor approved by Landlord and subject to Landlord’s rules and regulations and applicable labor laws and rules. Any other repairs in or to the Building or the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant’s expense. Landlord shall maintain in good working order and repair the exterior and the structural portions of the Building including the structural portions of the Premises (including the exterior windows) and the public portions of the Building interior and the Building plumbing, electrical, heating, air conditioning and ventilating systems not located within the Demised Premises (to the extent such systems presently exist) serving the Premises and the Building core areas, including any Building systems that are located in the Premises but do not exclusively serve the Premises. Tenant intend that, at all times during agrees to give prompt notice of any defective condition in the Term, premises for which Landlord may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Landlord by reason of inconvenience annoyance or injury to business arising from Landlord or others making repairs alterations additions or improvements in or to any portion of the Building or the Premises or in and to the fixtures appurtenances or equipment thereof. It is specifically agreed that Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate not be entitled to any set off or reduction of rent by reason of any failure of Landlord to comply with the balance covenants of the Propertythis or any other article of this Lease. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant agrees that Tenant’s sole expenseremedy at law in such instance will be by way of an action for damages for breach of contract. If Tenant fails to maintain and repair The provisions of this Article 4 shall not apply in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter fire or other casualty which are dealt with in Article 9 hereof nor limit the Premises and perform such maintenance or repair on behalf provisions of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 17 hereof.
Appears in 1 contract
Sources: Lease Agreement (Borderfree, Inc.)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent y reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 1 contract
Sources: Office Lease (Politics Com Inc)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout agrees to maintain the Term and all renewals and extensions thereof, maintain Premises in reasonably good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. immediately notify Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors should any minor or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot other repairs be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseneeded. Tenant shall be responsible for janitorial services monitoring the working order of all smoke detectors and trash removal from fire alarm systems in the Premises; and shall promptly advise Landlord in writing of any part if said system becomes inoperable. Major repairs necessary to the Premises shall be reported promptly by Tenant to Landlord in writing and shall be performed by Landlord within a reasonable time. Tenant shall notify Landlord immediately of any emergency repairs necessary to the Premises. If in Landlord's judgment there is substantial damage to the Premises, at Landlord may terminate this lease by giving written notice to Tenant and the Rent shall be prorated and the balance refunded to Tenant, less lawful deductions. Tenant shall pay Landlord for any property damage and/or cost of repairs to the Premises or appliances therein caused by the negligence or improper use by Tenant, Tenant’s expenseguests or other occupants. Landlord and Tenant intend thatWithout limitation, the disposal of women’s feminine hygiene products, coffee grounds, rice, cooking grease, or any other object that does not constitute normal material in the waste/sewer system at all times during the Term, Premises shall be negligent/improper use of the Premises. Tenant shall maintain Premises’ good appearance, insure safety on the Premises, and inform the Landlord if any safety problems arise that Tenant cannot quickly and reasonably remedy as Tenant. Tenant shall be responsible to reimburse and pay Landlord for the costs of any repair/service calls that are scheduled with Tenant and for which Tenant at the time of such repair/service call, and for forty- five (45) minutes thereafter are unavailable at the Premises for such repair/service call. Without limiting the generality of the foregoing, Tenant shall: o Be completely responsible for payment of all necessary treatments to eradicate bed bugs if found at the Premises and if their presence, as solely determined by a pest-control professional, was likely due to the action(s), intentional or unintentional, of the Tenant or any person associated with Tenant (family member, friend, etc…) o Be solely responsible for payment of all non-termite pest control services outside of the Premises’ normal monthly pest-control sprayings if, as solely determined by a pest-control professional, that the probable cause for the presence of pests is Tenant’s excessive dirtiness. Landlord shall have no obligation whatsoever to pay for non-termite pest control services at the Premises other than the regular pest- control sprayings. o Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; o Not obstruct or cover the windows or doors; o Not leave windows or doors in an open position during any inclement weather; o Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and condition repair and appearances reasonably commensurate with shall use same only for the balance purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; o Deposit all trash, garbage, rubbish or refuse in the Property. All locations provided therefore and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; o Reimburse Landlord for any damages that are a result of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair negligence, carelessness, fault, intentional act, or misconduct; o Promptly file a police report if the Premises as required is damaged in any way by this Sectionan unknown person. Failure to file a police report and provide a copy to Medical View Properties, Landlord may, on 10 days’ prior written notice (except that no notice shall be required LLC in case a timely manner will result in the Tenant being charged for the damage to Premises o Keep inside of emergency), enter the Premises at a temperature sufficiently high enough to prevent freezing of water in the pipes and perform such maintenance fixtures inside the leased Premises o Not create or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, maintain or allow others to create or maintain any nuisances including but be not limited toto loud noises, sound effects, offensive odors, smoke or dust on or about the Marijuana code. In such casesleased Premises, and that Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenseswill commit no waste.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal from the Premisessystems and equipment thereof, whether requiring structural or nonstructural repairs caused by, or resulting from, carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for, or supplied to, Tenant or any subtenant, or arising out of the installation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible. Any other repairs in or to the building or the facilities and systems thereof, for which Tenant is responsible, shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of the demised premises, on 10 days’ prior written notice and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (except that no notice to the extent such systems presently exist) serving the demised premises (without limitation, the term "structural" shall be required deemed to include the roof of the building). Tenant agrees to give prompt notice of any defective condition in the demised premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises, or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency)fire or other casualty, enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repairedfixtures and appliances therein, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for duration of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from owner or others making repairs, alterations, additions or improvements or to any portion of the building or the or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall, at its expense, shall throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances herein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant. Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitle3d to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease, Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 1 contract
Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant shallagrees that the Premises are then in a good and tenantable condition. During the Term, Tenant at its expenseTenant's expense but under the direction of Landlord, throughout shall repair and maintain the Term Premises, including the interior walls, floor coverings, ceiling (ceiling tiles and all renewals grid), Tenant Improvements, Alterations, fire extinguishers, outlets and extensions thereoffixtures, 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 repair, the Premisesstructural portions of the roof, including but not limited to heating and air conditioning equipment, wallsfoundations, floors and ceilingsexterior walls of the Building, window exteriorsthe Building Systems, mechanical and electrical systems the public and equipment exclusively serving common areas of the PremisesProperty, electric light fixturessuch as elevators, bulbsstairs, tubes corridors and tube casingsrestrooms; provided, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if anyhowever, that have been made Tenant shall pay the cost of repairs for any damage occasioned by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion 's use of the Premises or the Property or any system act or equipment in omission of Tenant or Tenant's Representatives or Visitors, to the Premises which Tenant is obligated extent (if any) not covered by Landlord's property insurance. Landlord shall be under no obligation to repair cannot be fully repaired, inspect the Premises. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Termreport in writing to Landlord any defective condition known to Tenant which Landlord is required to repair. Tenant shall, at Tenant’s expense, maintain As a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance material part of the heating 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(l), 1941 and air conditioning system by 1942, that allows a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable tenant to Tenant; but if make repairs at its landlord's expense.
7.3 Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have hereby reserves the right, upon notice at any time and from time to time, without liability to Tenant, and without constituting an eviction, constructive or otherwise, or entitling Tenant to undertake 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 responsibility for preventive maintenance size of area of; all or any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance part of the Property. All Building, the fixtures and equipment therein, and the Building Systems;
(b) To change the Building's name or street address;
(c) To install and maintain any and all signs on the exterior and interior of Tenant’s obligations the Building;
(d) To reduce, increase, enclose or otherwise change at any time and from time to maintain time the size, number, location, lay-out and repair shall be accomplished at Tenant’s sole expense. nature of the common areas (including the Parking Facility) and other tenancies and premises in the Property and to create additional rentable areas through use or enclosure of common areas; and
(e) If Tenant fails any governmental authority promulgates or revises any Law or imposes mandatory or voluntary controls or guidelines on Landlord or the Property relating to maintain and repair the Premises as required by this Section, Landlord may, use or conservation of energy or utilities or the reduction of automobile or other emissions or reduction or management of traffic or parking on 10 days’ prior written notice the Property (except that no notice shall be required in case of emergencycollectively "Controls"), enter to comply with such Controls, whether mandatory or voluntary, or make any alterations to the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesProperty related thereto.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant 11.1 Licensee shall, at its expense, throughout the Term sole cost and all renewals and extensions thereofexpense (or through arrangements with third parties), maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Licensed Premises in good order and safe condition and appearances reasonably commensurate in accordance with the balance of the Propertyindustry standards. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this SectionThis includes, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry but is made in compliance with Applicable Laws, including but not limited to, the Marijuana codemaintenance and repair of the Licensed Premises, including the amenities listed in Exhibit D, the interior and exterior of the Café Building,and as set forth in Exhibit E regarding maintenance services.
11.2 Licensee shall maintain the Licensed Premises to DOT’s satisfaction. All such maintenance shall be performed by Licensee in a good and worker-like manner.
11.3 At DOT’s request, Licensee shall conduct site inspections at the Licensed Premises with a representative of DOT. Such inspections shall assess the condition of the Licensed Premises and all Fixed and Additional Fixed Equipment therein, and determine the nature and extent of repairs to be performed by Licensee. Licensee shall make all necessary repairs during the Interim Period and Term.
11.4 Licensee shall be responsible for, at its sole cost and expense, clean-up and removal of all snow, waste, garbage, refuse, rubbish and litter from the Licensed Premises.
11.5 Licensee shall provide adequate and easily accessible garbage and recycling receptacles, approved by DOT, and have these receptacles emptied and removed on each day of operation and as directed by DOT. The location and placement of all garbage and recycling receptacles is subject to DOT’s prior written approval. Licensee shall comply with all City, State, and Federal rules and regulations regarding recycling.
11.6 Snow and ice shall be removed from all walkways within a reasonable period of time so as not to interfere with safe passage pursuant to a DOT-approved snow plan as further illustrated in Exhibit E. If necessary, tables, chairs and umbrellas shall be removed from the Licensed Premises due to such snow and/or ice conditions. Sand or snow melting agent shall be spread as needed to minimize slippery conditions which may arise from the thawing and refreezing of snow and/or ice. Signs shall be posted throughout the Licensed Premises cautioning users of any dangerous conditions due to snow and/or ice. If necessary, the Licensed Premises may be closed due to such snow and/or ice conditions.
11.7 Licensee shall conduct regular pest control inspections and extermination, as needed. Under no circumstances may licensee use a baiting system for pest control or extermination. To the extent Licensee applies pesticides to the Licensed Premises, Licensee, or any subcontractor hired by Licensee, shall comply with Chapter 12 of Title 17 of the New York City Administrative Code and limit the environmental impact of its pesticide use.
11.8 Licensee shall make reasonable efforts to use “Green Seal” eco-friendly cleaning supplies and soaps and chlorine-free, biodegradable products.
11.9 Licensee shall maintain the landscaping at the Licensed Premises. This shall include, but is not limited to, performing any seeding, trimming, pruning, planting, fertilization in all planters and planting beds. Licensee shall also remove any weeds from paving blocks, pavement and concrete areas, and perform seasonal pruning of trees in the Licensed Premises, if applicable. Licensee shall submit detailed plans to DOT of landscaping work to be performed. All work to be performed at the Licensed Premises is subject to DOT’s prior written approval which shall not be unreasonably delayed. No prior written approval shall be required for minor landscaping work done by Licensee. In addition, Licensee shall obtain all necessary permits, approvals, and authorizations from all City, State, and Federal agencies having jurisdiction over the Licensed Premises before any work is performed, and such cases, Tenant work shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% be of such actual and reasonable costs or expensesa quality which meets DOT’s standards.
Appears in 1 contract
Sources: License Agreement
Maintenance and Repairs. 7.1 10.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order term of this Lease and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole cost and expense. If Tenant fails to , maintain and repair the Premises as required and every part thereof (including any portions of the Building’s systems located within the Premises) and all equipment, fixtures and improvements therein and keep all of the foregoing clean and in good order and operating condition, ordinary wear and tear and damage thereto by fire or other casualty excepted. Tenant shall, at the end of the term of this SectionLease, surrender to Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance all alterations, additions and improvements thereto in good condition and repair, ordinary wear and tear and damage thereto by fire or other casualty excepted. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, maintain, decorate or paint the Premises or any part thereof or any equipment, fixtures or improvements therein, except as expressly set forth in this Lease. No representations respecting the condition of the Premises or the Building have been made to Tenant either by Landlord or by any real estate broker, except as expressly set forth in this Lease. Tenant’s obligation to keep the Premises and every part thereof and all equipment, fixtures and improvements therein in good condition and repair on behalf in accordance with this section 10.1 is part of the consideration for Landlord’s leasing the Premises to Tenant; provided such entry is made .
10.2 Landlord shall, at all times during the term of this Lease and the Option Term, keep in compliance with Applicable Lawsgood condition and repair the structural portions of the Building, including but not limited tostructural walls, the Marijuana coderoof, the foundation, the electrical and mechanical systems, parking lot and sewer and water mains. In such casesLandlord shall be responsible for managing the Building in a manner consistent with other similar office buildings in the East San F▇▇▇▇▇▇▇ area, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such including providing adequate common area security, landscaping, maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesutilities.
Appears in 1 contract
Sources: Office Lease (PeopleSupport, Inc.)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout agrees to maintain the Term and all renewals and extensions thereof, maintain Premises in reasonably good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. immediately notify Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, should any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorminor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall other, repairs believed to be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseneeded. Tenant shall be responsible for janitorial services monitoring the working order of all smoke detectors and trash removal from fire alarm systems in the Premises; and shall promptly advise Landlord in writing of any part if said system becomes inoperable. Tenant shall be responsible for regular replacement of the Premises’ furnace and air conditioner filters. Major repairs necessary to the Premises shall be reported promptly by Tenant to Landlord in writing and shall be performed by Landlord within a reasonable time and during normal business hours. Tenant shall notify Landlord immediately of any emergency repairs necessary to the Premises. If in Landlord's judgment there is substantial damage to the Premises, at Landlord may terminate this lease by giving written notice to Tenant and the Rent shall be prorated and the balance refunded to Tenant, less lawful deductions. Tenant shall pay Landlord for any property damage and/or cost of repairs to the Premises or appliances therein caused by the negligence or improper use by Tenant, Tenant’s expenseguests or other occupants. Without limitation, the disposal of women’s feminine hygiene products, coffee grounds, rice, cooking grease, or any other object that does not constitute normal material in the waste/sewer system at the Premises shall be negligent/improper use of the Premises. Tenant shall be so as to maintain a good appearance and insure safety on the Premises, or to inform the Landlord if any safety problems arise that Tenant cannot quickly and reasonably remedy as Tenant. Tenant shall be responsible to reimburse and pay Landlord for the costs of any repair/service calls that are scheduled with Tenant and for which Tenant at the time of such repair/service call, and for forty-five (45) minutes thereafter are unavailable at the Premises for such repair/service call. Without limiting the generality of the foregoing, Tenant shall: o Be completely responsible for payment of all necessary treatments to eradicate bed bugs if found at the Premises and if their presence, as solely determined by a pest-control professional, was likely due to the action(s), intentional or unintentional, of the Tenant or any person associated with Tenant (family member, friend, etc…) o Be solely responsible for payment of all non-termite pest control services outside of the Premises’ normal monthly pest-control sprayings if, as solely determined by a pest-control professional, that the probable cause for the presence of pests is Tenant’s excessive dirtiness. Landlord and Tenant intend that, shall have no obligation whatsoever to pay for non-termite pest control services at all times during the Term, Tenant shall maintain the Premises other than the regular pest- control sprayings. o Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; o Not obstruct or cover the windows or doors; o Not leave windows or doors in an open position during any inclement weather; o Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and condition repair and appearances reasonably commensurate with shall use same only for the balance purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; o Deposit all trash, garbage, rubbish or refuse in the Property. All locations provided therefore and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; o Reimburse Landlord for any damages that are a result of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair negligence, carelessness, fault, intentional act, or misconduct; o Promptly file a police report if the Premises as required is damaged in any way by this Sectionan unknown person. Failure to file a police report and provide a copy to Medical View Properties, Landlord may, on 10 days’ prior written notice (except that no notice shall be required LLC in case a timely manner will result in the Tenant being charged for the damage to Premises o Keep inside of emergency), enter the Premises at a temperature sufficiently high enough to prevent freezing of water in the pipes and perform such maintenance fixtures inside the leased Premises o Not create or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, maintain or allow others to create or maintain any nuisances including but be not limited toto loud noises, sound effects, offensive odors, smoke or dust on or about the Marijuana code. In such casesleased Premises, and that Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenseswill commit no waste.
Appears in 1 contract
Sources: Lease Agreement
Maintenance and Repairs. 7.1 A. Tenant shall keep, repair and maintain and not misuse the Premises so that they may be returned to the Landlord in as good order and condition as when delivered to Tenant, excepting ordinary wear and tear, structural repairs and replacement, damage by fire, vandalism, the elements and any other insurable casualty, and damage due to or occasioned by the negligence or acts of Landlord. Notwithstanding anything contained in the Lease to the contrary, Tenant will not be required to pay for any repairs to the Premises or the Building to the extent Landlord is reimbursed therefor by insurance proceeds. Except as otherwise provided in the Lease, during the term hereof, Tenant shall keep the Premises and every part thereof in good repair and condition at its sole cost and expense. At the expiration of the term (or the earlier termination of the Lease), Tenant shall surrender the Premises in substantially the same condition and repair as existed at the time Tenant took Possession, reasonable wear and tear and damage by fire or other insurable casualty excepted.
B. In addition to any other obligations contained herein, Tenant shall, at its Tenant's expense, throughout maintain, repair and replace as necessary the Term and all renewals and extensions thereofplumbing, maintain in good orderheating, condition and repair the Premises, including but not limited to heating ventilating and air conditioning equipment, wallslighting and other electrical and mechanical equipment, floors sprinkler system and ceilingsglass (unless broken or damaged due to the negligence or acts of landlord or covered by insurance) within the Property. Tenant shall also maintain and repair, window exteriorsat Tenant's expense, mechanical driveways, sidewalks, parking areas, lighting (exterior and electrical systems interior) landscaping and equipment exclusively fencing located on the Land and serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the TermBuilding. Tenant shall, at Tenant’s 's expense, maintain a preventive maintenance contract providing for repair and replace as necessary the regular inspection (at least quarterly) and maintenance exterior of the heating Building, including exterior walls, drains, eave▇, ▇▇oughs, downspouts, gutters, shall provide lateral support and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable make all structural repairs to Tenant; but if Landlord so elects, same may be billed directly by Landlord the Building to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance include replacement of the Property. All roof, replacement of Tenant’s obligations to maintain sewer lines, utility lines and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case resurfacing of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesparking areas.
Appears in 1 contract
Maintenance and Repairs. 7.1 Landlord shall maintain the Common Areas and the exterior walls, roof, all pipes wires and utility systems located within the Building that serve the Premises, all structural elements and foundation of the Building of which the Premises are a part, in proper repair during the Term; provided, however, that if any such repairs shall be occasioned by the acts or negligence of Tenant, its agents, employees, customers or invitees, Tenant shall be responsible for the entire cost of such repairs, except to the extent that the provisions of Section 18 apply. Except for the repairs Landlord is specifically obligated to make as set forth above, Tenant shall, at its expense, throughout during the Term Lease Term, pay for and make all renewals other necessary repairs and extensions thereofreplacements to the Premises, including, but not limited to, the doors, door checks, door hardware, windows, ceiling tile, store front, fixtures, heating, ventilating and air conditioning facilities located in or exclusively servicing the Premises and the electrical and plumbing facilities in or servicing the Premises to the point of entry to a common line, and keep and maintain the same in good order, condition and repair so that at the expiration of the Term, the Premises shall be surrendered to Landlord in the same condition that the same are in at the commencement of the Term, ordinary wear and tear excepted. Tenant shall be responsible for repairing any damage to the Premises or the building of which it is a part caused by the installation or moving of Tenant’s furniture, equipment and personal property. Tenant shall, at its expense, also repair or replace with glass of equal quality any broken or cracked plate or other glass in doors, windows and elsewhere in or adjacent to the Premises, including but . Tenant shall not limited defer any repairs or replacements to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained Premises by Landlordreason of the anticipation of the expiration of the Term. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion The surrender of the Premises upon the expiration or any system early termination of this Lease shall not relieve Tenant of the obligation to pay for all repairs or equipment in replacements to the Premises which Tenant is was obligated to repair cannot be fully repairedperform during the Lease Term, which obligation shall survive the expiration or early termination of this Lease. Tenant shall promptly replace keep the samePremises in a clean, regardless tenantable condition and shall not permit any garbage, rubbish, refuse or dirt of whether any kind to accumulate in or about the benefit Premises or the Building. Landlord may designate areas within the Building for placement of such replacement extends beyond the Term. dumpsters for Tenant’s waste disposal, and Tenant shall, at Tenant’s sole cost and expense, maintain a preventive maintenance contract providing for cause the regular inspection (at least quarterly) commercial removal of all garbage and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorrefuse; provided, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionhowever, Landlord may, on 10 days’ prior written notice (at its option, arrange for the commercial or municipal removal of all garbage and refuse of the Building, in which event Tenant shall use such dumpsters and areas as Landlord shall designate for such purposes, and the costs and expenses attributable thereto shall be includable by Landlord in Operating Costs and Landlord may make an equitable adjustment to Tenant’s Proportionate Share of such costs if Tenant’s use is materially disproportionately higher than other tenants of the Building. Tenant agrees, at its sole cost and expense, to comply with all present and future laws, orders and regulations regarding the collection, sorting, separation and recycling of waste products, garbage, refuse and trash into such categories as provided by law. Janitorial services shall be at the sole cost and expense of Tenant, except that no notice Landlord shall be required in case of emergency), enter the Premises arrange for said services and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all said costs incurred in performing such maintenance either as part of Operating Costs or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesas a separate pass through item.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shallshall during the term of this lease maintain the Leased Space in a good, at its expenseclean, throughout and safe condition, and shall on expiration or earlier termination of this lease surrender the Term and all renewals and extensions thereof, maintain Leased Space to landlord in as good order, condition and repair as existed on the Premisescommencement date of this lease, including but not limited reasonable wear and tear and damage by the elements excepted. Tenant, at Tenant's own expense, shall repair all deteriorations or injuries to heating the Leased Space or to the building occasioned by Tenant's lack of ordinary care. An emergency is defined as damage that prevents Tenant from conducing business. In the event of an emergency, Tenant shall immediately notify Landlord in writing of the emergency. Landlord shall commence repairs within 48 hours of said notification. If not, Tenant can repair and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving deduct the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained cost of that repair from the next month's rent or be reimbursed by Landlord. Landlord will decide which option. Except as otherwise provided in this lease, Landlord shall use reasonable efforts perform, at Landlord's sole expense, all repairs and maintenance for the Leased Space and the Building. Any repairs by Landlord shall be made promptly with first class materials, in a good and workmanlike manner, in compliance with all applicable laws of all governmental authorities, and in a style, character and quality conforming to extend to the existing construction. Except in the case of an emergency, Landlord shall not enter the Leased Space for the purpose of effecting the repairs, alterations, or improvements other than during normal business hours, and shall give Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion 24-hours' notice of the Premises or any system or equipment intention to enter for those purposes. Except for cases of emergency, Landlord shall make all repairs required hereunder as soon as is practical. In the event Landlord has not made a repair referred to in a written notice from Tenant to Landlord within 30 days after the Premises which Tenant is obligated to repair cannot be fully repaireddate of that notice, Tenant shall promptly replace have the same, regardless right to have the repair performed and be reimbursed by Landlord. If the full amount of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly reimbursement is not delivered by Landlord to Tenant where within10 days after Tenant's delivery to Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord of a written statement or ▇▇▇▇ evidencing the cost of the repair, Tenant shall have the right, upon notice right to Tenant, deduct the cost of the repair from the next monthly rent payable to undertake Landlord. Cleaning maintenance for the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant Leased Space shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and regularly performed by Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations a manner satisfactory to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesLandlord.
Appears in 1 contract
Sources: Commercial Lease (Dynatronics Corp)
Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant shall, at its expense, throughout agrees that the Term Premises are then in a good and all renewals and extensions thereoftenantable condition. Tenant shall be responsible to clean, maintain in good order, condition and repair the Premises, including providing janitorial services and disposal of trash; and to that end, during the Term, Tenant, at Tenant's expense but not limited to heating under the direction of Landlord, shall repair and maintain the Premises, including, without limitation, any elevator, the heating, ventilating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical system or systems and equipment exclusively serving the Premises, electric light the electrical and plumbing systems serving the Premises, including the lighting and plumbing fixtures, bulbsthe restrooms serving the Premises, tubes interior stairways in the Premises, the interior and tube casingsexterior glass, doorsplate glass skylights, interior walls, floor coverings, dock doorsceiling (ceiling tiles and grid), levelersTenant Improvements, plumbing system Alterations, fire extinguishers, outlets and plumbing 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. Prior to the Commencement Date Tenant shall provide Landlord with a copy of a service contract with a licensed commercial Heating, Ventilating and Air-conditioning maintenance company (which contract and company shall be subject to Landlord's prior approval, which shall not be unreasonably withheld or delayed), to maintain, on an ongoing basis (at least quarterly), the heating, ventilating and air-conditioning system serving the Premises. Tenant acknowledges that the sewer piping at the Development is made of ABS plastic. Accordingly, without Landlord's prior written consent, which consent may be granted or withheld in Landlord's sole discretion, Tenant shall allow only ordinary domestic sewage to be placed in the sewer system from the Premises. UNDER NO CIRCUMSTANCES SHALL TENANT EVER PLACE, OR ALLOW TO BE PLACED, ANY ESTERS OR KETONES (USUALLY FOUND IN SOLVENTS TO CLEAN UP PETROLEUM PRODUCTS) IN THE DRAINS OR SEWER SYSTEM, FROM THE PREMISES.
7.2 Landlord shall (a) 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, and the public and common areas outside of the Building, (b) that portion of the electrical, water and sanitary sewer systems serving the Building and located outside the Building, (c) wash the exterior windows of the Building on a periodic basis, (d) caulk exterior window joints and concrete slabs and (e) paint the exterior of the Building, all of which shall be included as a part of Operating Costs, subject to the terms and conditions contained in Section 3.2 of this Lease; provided, however, if any maintenance or repair of electrical, water and sanitary sewer systems outside the Building is caused by Tenant’s signs 's misuse of such system, the costs of such maintenance and utility facilities repair shall not maintained by Landlordconstitute a capital expenditure for the purposes of Section 3.2 of this Lease. 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(l), 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 of the Building, the fixtures and equipment therein, and the Building Systems (except that Landlord shall not have any right under this provision to materially reduce the size of the Building, or permanently, materially and adversely affect Tenant's access to and use of the Premises, except only as may be required to comply with Laws or as a result of any fire or other casualty, or Condemnation);
(B) To change the Building's name or street address;
(C) To install and maintain any and all signs on the exterior and interior of the Building;
(D) To reduce, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature of the common areas (including the Parking Facility) and other tenancies and premises in 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 use or conservation of energy or utilities or the reduction of automobile or other emissions or reduction or management of traffic or parking on the Property (collectively "CONTROLS"), to comply with such Controls, whether mandatory or voluntary, or make any alterations to the Property related thereto.
(F) In exercising its rights under this Section 7.3, Landlord agrees to use reasonable efforts to extend minimize any interruption to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to disruption of Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion 's use of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 1 contract
Sources: Lease Agreement (Clarent Corp/Ca)
Maintenance and Repairs. 7.1
9.1 Tenant's Obligations Tenant shall be solely liable for continued maintenance of the Premises, and shall, at its own cost and expense, maintain the Premises, and keep the Premises free of all grass, weeds, debris, and flammable materials of every description. Tenant shall ensure that the Premises are at all times in an orderly, clean, safe, and sanitary condition. Tenant shall not allow any open flames on the Premises. Landlord requires a high standard of cleanliness, consistent with the location of the Premises as an asset of the Landlord. Tenant hereby expressly waives the right to make repairs at the expense of Landlord and waives the benefit of the provisions in Sections 1941 to 1942.5, inclusive, of the California Civil Code or any successor statute or amendment thereto providing a cause of action for habitability or tenantability. Tenant shall take all steps necessary to protect and preserve the fences, if any, arising out of Tenant's use of the Premises and any improvements, all without expense to Landlord. Tenant shall, at its own cost and expense, throughout the Term and all renewals and extensions thereofrepair in accordance with Landlord's standards any damage to any property owned by Landlord, maintain in good orderincluding, condition and repair the Premises, including but not limited to heating to, all fences, utility-related equipment and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesfacilities caused by Tenant, Tenant’s signs and utility facilities not maintained by Landlordcontractors, clients, invitees, trespassers or any other third parties. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such itemsAt Tenant's request, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated elect to repair cannot be fully repairedthe damage to its property, and Tenant shall agrees to reimburse Landlord promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing after demand for the regular inspection (at least quarterly) and maintenance of amount Landlord has reasonably expended to complete the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenserepair work. Tenant shall be responsible for janitorial services the care, maintenance, and trash removal from any required pruning of trees, shrubs, or any other landscaping on the Premises, at . Tenant assumes the liability for any damage or injury caused by any falling branches or other such materials from any tree or shrub whether the branches fall due to lack of maintenance or act of god or any other natural or unnatural causes. Tenant’s expenseliability insurance required under Article 10 shall cover any damage caused by any falling tree or shrub branches or other materials. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain designate in writing to Landlord a representative who shall be responsible for the Premises in good day-to-day operation and level of maintenance, cleanliness and general order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesPremises.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall, Lessor at its her sole expense, throughout the Term and all renewals and extensions thereof, maintain within a reasonable time after being notified in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained writing by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion Lessee of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repairedneed therefor, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services the following: structural repairs to the building; repairs to the roof, gutters, and trash removal from downspouts; painting of the exterior of the building; maintenance of the yard, hard surfaced areas, and exterior lighting; as well as repairs to the plumbing, electrical, and HVAC equipment installed by the Lessor; unless the need for such repairs/maintenance is occasioned by the negligent or willful act of Lessee, its agents, employees, or invitees, in which event such repairs shall be charged to Lessee. All modifications installed by the Lessee shall be the sole responsibility of the Lessee to repair and maintain. The Lessee at its sole expense shall provide all other maintenance and make repairs, including repairs and replacements to the interior finishes necessary to keep the Leased Premises, at Tenant’s expense. Landlord building and Tenant intend thatimprovements, at all times during the Term, Tenant shall maintain the Premises and equipment in good order and repair. Lessee shall be responsible for keeping the interior of the building neat and attractive. Snow removal from parking lots and sidewalks shall be the responsibility of the Lessee. Lessee will, at the expiration of the original Term of this Lease or any renewal thereof, deliver up the Leased Premises in as good order and condition as received, excepting reasonable wear and appearances reasonably commensurate tear and damage by fire or other casualty of the kind insured against in standard policies of fire insurance with extended coverage. Except as provided herein, Lessor shall not be under any obligation to make other repairs to the Leased Premises. Lessor shall not be chargeable with any liability by reason of negligence or otherwise for not making repairs to the Leased Premises and shall not be liable for any damages (or for any reason whatsoever in connection with the balance Leased Premises whether caused by the use of the PropertyLeased Premises, water, electricity, heating equipment, or by theft or otherwise) to personal property that the Lessee or assigns or any other person may sustain on or about the Leased Premises. All Lessee shall not be entitled to any reduction in rent, or any claim for damages, by reason of Tenant’s obligations any inconvenience, annoyance, injury to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails business, or loss of natural light or ventilation arising from any repairs, alternations, or replacements made by Lessor pursuant to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 1 contract
Maintenance and Repairs. 7.1 4. Tenant shall, at its expense, throughout the Term term of this lease, take good care of the demised premises and the fixtures and appurtenances therein) Tenant shall be responsible for all renewals damage or injury to the demised premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premisesthereof, electric light fixtureswhether requiring structural or nonstructural repairs caused by, bulbsor resulting from, tubes and tube casingscarelessness, doorsomission, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesneglect or improper conduct of Tenant, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for, or supplied to, Tenant the benefit from warranties on such itemsor any subtenant, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion arising out of the Premises installation, use or operation of the property or equipment of Tenant or any system or equipment in subtenant. Tenant shall also repair all damage to the Premises which Tenant is obligated to repair cannot be fully repairedbuilding and the demised premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the regular inspection (trade or trades in questions, selected from a list of at least quarterly) two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and maintenance systems thereof, for which Tenant is responsible, shall be performed by Owner at the Tenant’s expense. Owner shall maintain and repair the public portions of the heating building, both exterior and air conditioning system by interior and those other elements as set forth in Article 50 of this Lease, except that if Owner allows Tenant to erect on the outside of the building a licensed and qualified heating and air conditioning contractorsign or signs, or a hoist, lift or sidewalk elevator for the exclusive use of Tenant, Tenant shall perform maintain such HVAC inspection exterior installations in good appearance, shall cause the same to be operated in a good and maintenance with duly licensed workmanlike manner, shall make all repairs thereto necessary to keep same in good order and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so electscondition, same may be billed directly by Landlord to Tenant where Landlord on at Tenant’s behalf enters into such preventive maintenance contract own cost and expense, and shall cause the same to be covered by the insurance provided for hereafter in such case Article 8. Subject to the Owner’s obligations to deliver the Demised Premises in the condition described in this Lease and its obligations of maintenance, repair and restoration set forth herein, Tenant shall, throughout the term of the lease, take good care of the demised premises and the fixtures and appurtenances therein, and the sidewalks adjacent thereto, and at its sole cost and expense, make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear, obsolescence and damage from the elements, fire or other casualty, excepted. If the demised premises be or become infested with vermin, Tenant shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense, cause the same to be exterminated from time to time as appropriate. Except as specifically provided in Article 9 or elsewhere in this lease, there shall be no allowance to the Tenant for the diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner, Tenant or others, making or failing to make any repairs, alterations, additions or improvements in or to any portion of the building, including the erection or operation of any ▇▇▇▇▇, ▇▇▇▇▇▇▇ or sidewalk shed, or in or to the demised premises or the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall be not entitled to any set off or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this lease. Tenant agrees that Tenant’s sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 with respect to the making of repairs shall not apply in the case of fire or other Casualty, which are dealt with in Article 9 and Article 89 hereof. Window Cleaning: 5. Tenant will not clean nor require, permit, suffer or allow any window in the demised premises to be cleaned from the outside in violation of Section 202 of the Labor Law or any other applicable law, or of the Rules of the Board of Standards and Appeals, or of any other Board or body having or asserting jurisdiction. Requirements Of Law, Fire Insurance, Floor Loads: 6. Prior to the commencement of the lease term, if Tenant is then in possession, and at all times thereafter, Tenant, at Tenant’s sole cost and expense, shall promptly comply with all present and future laws, orders and regulations of all state, federal, municipal and local governments, departments, commissions and boards and any direction of any public officer pursuant to law, and all orders, rules and regulations of the New York Board of Fire Underwriters, Insurance Services Office, or any similar body which shall impose any violation, order or duty upon Owner or Tenant with respect to the demised premises, whether or not arising out of Tenant’s use or manner of use thereof, (including Tenant’s permitted use) or, with respect to the building if arising out of Tenant’s use or manner of use of the demised premises or the building (including the use permitted under the lease). Nothing herein shall require Tenant to make structural repairs or alterations unless Tenant has, by its manner of use of the demised premises or method of operation therein, violated any such laws, ordinances, orders, rules, regulations or requirements with respect thereto. Tenant may, after securing Owner to Owner’s satisfaction against all damages, interest, penalties and expenses, including, but not limited to, reasonable attorneys’ fees, by cash deposit or by surety bond in an amount and in a company satisfactory to Owner, contest and appeal any such laws, ordinances, orders, rules, regulations or requirements provided same is done with all reasonable promptness and provided such appeal shall not subject Owner to prosecution for a criminal offense, or constitute a default under any lease or mortgage under which Owner may be obligated, or cause the demised premises or any part thereof to be condemned or vacated. Tenant shall not do or permit any act or thing to be responsible done in or to the demised premises which is contrary to law, or which will invalidate or be in conflict with public liability, fire or other policies of insurance at any time carried by or for janitorial services the benefit of Owner with respect to the demised premises or the building of which the demised premises form a part, or which shall or might subject Owner to any liability or responsibility to any person, or for property damage. Tenant shall not keep anything in the demised premises, except as now or hereafter permitted by the Fire Department, Board of Fire Underwriters, Fire Insurance Rating Organization or other authority having jurisdiction, and trash removal from then only in such manner and such quantity so as not to increase the Premisesrate for fire insurance applicable to the building, nor use the demised premises in a manner which will increase the insurance rate for the building or any property located therein over that are in effect prior to the commencement of Tenant’s occupancy. Tenant shall pay all costs, expenses, fines, penalties, or damages, which may be imposed upon Owner by reason of Tenant’s failure to comply with the provisions of this article, and if by reason of such failure the fire insurance rate shall, at the beginning of this lease, or at any time thereafter, be higher than it otherwise would be, then, Tenant shall reimburse Owner, as additional rent hereunder, for that portion of all fire insurance premiums thereafter paid by Owner which shall have been charged because of such failure by Tenant. In any action or proceeding wherein Owner and Tenant are parties, a schedule or “make-up” of rate for the building or the demised premises issued by the New York Fire Insurance Exchange, or other body making fire insurance rates applicable to said premises shall be conclusive evidence of the facts therein stated and of the several items and charges in the fire insurance rates then applicable to said premises. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which it was designed to carry and which is allowed by law. Owner reserves the right to prescribe the weight and position of all safes, business machines and mechanical equipment. Such installations shall be placed and maintained by Tenant, at Tenant’s expense. Landlord , in settings sufficient, in Owner’s judgment, to absorb and Tenant intend thatprevent vibration, at all times during the Term, Tenant shall maintain the Premises in good order noise and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesannoyance.
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Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expensefixtures appurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any set off or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana codeArticle 9 hereof. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.WINDOW CLEANING:
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Sources: Office Lease (Hanover Capital Mortgage Holdings Inc)
Maintenance and Repairs. 7.1 (a) Tenant shall, at its own cost and expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair and replace as necessary the Premises, including including, but not limited to heating to, the HVAC Systems, glass, windows and air conditioning equipmentLEGAL02/32900769v10 doors, all plumbing and sewage systems, fixtures, interior walls, floors and (including floor slab), dock areas, dock ramps, ceilings, window exteriorsstorefronts, mechanical plate glass, skylights, all electrical facilities and equipment (including, without limitation, lighting fixtures, lamps, fans and any exhaust equipment and systems and electrical systems motors), and all other appliances and equipment exclusively serving (including, without limitation, dock levelers, dock shelters, dock seals and dock lighting) of every kind and nature located in, upon or about the Premises, electric light fixturesexcept as to such maintenance, bulbs, tubes repair and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. replacement as is the obligation of Landlord shall use reasonable efforts pursuant to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalfSection 8(b). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during During the Term, Tenant shall maintain in full force and effect a service contract for the Premises in good order and condition and appearances maintenance of the HVAC Systems with an entity reasonably commensurate acceptable to Landlord; provided, however, that for new HVAC Systems, during the one year period following the Lease Commencement Date, such service contract shall be maintained with the balance contractor that installed the HVAC Systems and shall provide for at least two preventive maintenance service calls during such one year period. Tenant shall deliver to Landlord (i) a copy of said service contract prior to the Lease Commencement Date, and (ii) thereafter, a copy of a renewal or substitute service contract within thirty (30) days prior to the expiration of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expenseexisting service contract. If Tenant fails to carry such service contract, Landlord shall have the option to enter into such service contract for and on behalf of Tenant and Tenant shall reimburse Landlord, as Additional Rent, all of Landlord’s reasonable costs incurred in connection with such service contract, as well as Landlord’s actual costs of repair and maintenance of the HVAC Systems together with an administrative fee payable to Landlord (or, at Landlord’s election, to a Landlord’s Affiliate designated by Landlord) equal to 5% of the amount of the service contract and any associated repairs. Tenant's obligation shall exclude any maintenance, repair or replacement required because of the negligence or willful misconduct of Landlord or Landlord’s Affiliates, which shall be the responsibility of Landlord.
(i) Landlord shall, at its own cost and expense, (1) maintain in good condition and repair the Premises as required by this Sectionfoundation (beneath the floor slab) and structural frame of the Building (i.e. steel columns, Landlord maybar joists and girders, on 10 days’ prior written notice and concrete wall panels (except that no notice excluding painting and caulking) and (2) replace the roof and roof drainage systems. Landlord's obligation shall be required in case exclude the cost of emergency), enter the Premises and perform such any maintenance or repair on behalf required because of the act or negligence of Tenant or any of Tenant; provided such entry is made in compliance with Applicable Laws's Affiliates, including the cost of which shall be the responsibility of Tenant.
(ii) Landlord shall maintain the Building Common Area (including, but not limited to, the Marijuana coderoof and roof drainage systems), subject to Tenant’s obligation to pay Tenant’s Percentage Share of Operating Expenses pursuant to Section 6. In such casesExcept as required by this Section 8(b) or as otherwise specifically provided for in this Lease, Landlord shall be responsible for no other services whatsoever. Landlord shall never have any obligation to repair, maintain or replace any Tenant Alteration.
(c) Unless the same is caused solely by the gross negligence or willful misconduct of Landlord or Landlord’s Affiliates (and is not covered by the insurance required to be carried by Tenant pursuant to the terms of this Lease), Landlord shall reimburse Landlord immediately upon demand not be liable to Tenant or to any other person for all costs incurred any damage (1) occasioned by failure in performing such maintenance any utility system or repair plus an administration fee equal to 5% by the bursting or leaking of such actual and reasonable costs any vessel or expensespipe in or about the Premises, (2) occasioned by water coming into the Premises or (3) arising from the acts or negligence of occupants of adjacent property or the public.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant Any guaranties and warranties shall inure for a period of time from contractors and/or manufacturers resulting from the initial construction, thereafter, Sublessee shall, at its sole expense, throughout be responsible for maintaining the Term Leased Premises in a good, orderly and all renewals and extensions thereof, maintain in good order, safe condition and state of repair and shall, to the Premisesreasonable satisfaction of Sublessor, including but not limited make all repairs required to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such itemsbe made thereto (except those, if any, that have been to be made by Landlord’s contractors Sublessor pursuant to Exhibit D), including, without limitation, interior and exterior window cleaning and repairs or vendors replacements to those components of the heating system, plumbing system, water system, electrical system,‘air conditioning system and carpeting and wall coverings which are located within the Leased Premises or serve Leased Premises exclusively. Sublessee shall be responsible for cleaning the Leased Premises and depositing trash in receptacles acceptable to extend to TenantSublessor. Sublessor shall enter into a maintenance contract for the maintenance and repair of the heating, as plumbing, water, electrical, and if availableair conditioning systems. Sublessee shall also repair, at its sole expense, any bulk buying power damage to the Property, the Leased Premises, the Building or any appurtenances thereto caused by the misuse or negligence of Sublessee, its employees or invitees. Sublessee agrees to replace all broken glass with glass of the same size and quality of that Landlord may broken. Sublessee shall not be entitled to any partial or total abatement of rent for periods during which repairs are required to be made, whether such repairs are the responsibility of Sublessor or Sublessee; provided, however, if the Leased Premises shall, for a period of three (3) consecutive business days, be untenantable (e.g., shall lack any service or operation which Sublessor is required to provide hereunder the lack of which adversely affects the continued operation in the ordinary course of Lessee’s business),’ then all fixed rent and additional rent and other amounts payable by Sublessee hereunder shall thereafter be abated in proportion to such untenantability until the day such service or operation is completely restored. Sublessee shall have with such contractors or vendors. If any portion no right of access to the roof of the Premises or the Building and shall not install, repair, place or replace any system aerial, fan, air conditioner or equipment in other device on the roof of the Premises or the Building without the prior written consent of Sublessor, which Tenant is obligated to repair canwill not be fully repairedunreasonably withheld or delayed. Any aerial, Tenant fan, air conditioner or device installed without such written consent shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallbe subject to removal, at TenantSublessee’s expense, maintain a preventive maintenance contract providing for without notice at any time. Sublessor shall repair at Sublessee’s expense, any damage to the regular inspection (at least quarterly) Building or roof resulting from the installation, repair, use, or replacement of any such air conditioner or other device. Sublessee may install, with Sublessor’s consent, which shall not be unreasonably Withheld, antennas and maintenance microwave antennas so long as Sublessor is held harmless in the use and construction of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract antennas and in such case the event the installation and use voids or impairs the roof warranty, Sublessee shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall hold Sublessor harmless and be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 1 contract
Maintenance and Repairs. 7.1 10.1 Subject to Landlord’s obligations set forth in Section 1.2 and Section 10.2, Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order Lease Term and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole cost and expense, maintain, repair and replace all non-structural parts of the Premises (excluding only the foundation, the roof structure and membrane, and the load-bearing portions of load-bearing walls), including, without limitation, all Building systems, all of Tenant’s signs, all windows, doors, truck doors, and other penetrations in the outer walls of the Premises, all loading docks and lifts that serve the Premises, floor coverings, ceilings, elevators, all HVAC equipment and systems and all other mechanical, electrical, plumbing, lighting, life-safety, and utility systems, equipment, conduits, pipes, ducts, and lines, and all fixtures and appliances in as good order and operating condition as received, ordinary wear and tear and damage thereto by fire or other casualty or by condemnation excepted. Tenant will also repair, or reimburse Landlord for, any blockage of or damage to the sewer lines and sewer system at the Building that results from anything that enters the sewer lines from the Premises that should not reasonably enter the sewer lines (provided that the same was not caused by Landlord any party under ▇▇▇▇▇▇▇▇’s control). Tenant will provide and pay for all garbage removal from the Premises. If Landlord designates a garbage removal service for the Building, Tenant will use that service and pay Tenant’s Percentage Share of the cost on the first day of each calendar month in advance. Tenant will perform all repairs and replacements with first-class materials and with first-class workmanship. Tenant will, at Tenant’s sole cost, maintain throughout the Lease Term a regularly scheduled preventative maintenance and service contract or contracts with a contractor or contractors specializing and experienced in the maintenance of HVAC equipment, for the maintenance of the HVAC systems. The maintenance and service contract shall include all services suggested by the equipment manufacturer and shall become effective (and Tenant shall deliver a copy to Landlord) within thirty (30) days after the Commencement Date. Tenant shall at all times maintain the HVAC systems in compliance with all applicable federal, state and local laws. If a leak occurs in any portion of the HVAC systems, Tenant shall promptly repair such leak in compliance with all applicable federal, state and local laws and complete such repairs within any deadline imposed by such federal, state or local laws. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees and disbursements, arising from or related to any failure by Tenant to maintain the HVAC systems in compliance with all applicable federal, state and local laws or any failure by Tenant to repair any leak in any portion of the HVAC systems in compliance with all applicable federal, state and local laws. If Tenant fails replaces any part or component of the HVAC systems and receives a warranty from the manufacturer or a guaranty by the installer, Tenant shall furnish a duplicate original of each such warranty and guaranty to maintain and repair Landlord. Tenant shall, at the end of the term of this Lease, surrender to Landlord the Premises with the HVAC systems in as required by this Sectiongood condition and working order as received, Landlord mayreasonable wear and tear, on 10 days’ prior written notice casualty, and condemnation excepted. Notwithstanding anything to the contrary contained herein, simultaneously with the Tenant Improvements, Tenant shall replace the HVAC units listed in Exhibit H-1 attached hereto (except that no notice “Tenant’s HVAC Work”). In consideration for the foregoing, the Tenant Improvement Allowance shall be required in case increased by an amount equal to Twenty Thousand Dollars ($20,000.00) for each unit, for a total of emergencyThree Hundred Twenty Thousand Dollars ($320,000.00), enter which shall be disbursed to Tenant in accordance with the terms and provisions of Section 4(b) of Exhibit B attached hereto. For the avoidance of doubt, such funds may be utilized for the replacement of any HVAC unit serving the Premises and perform will not be limited to the replacement of those specific units indicated in Exhibit H-1. Notwithstanding the foregoing, if any portion of the HVAC systems being replaced by Tenant in accordance with Exhibit H-1 attached hereto needs to be replaced on or after the Delivery Date, Tenant, at Tenant’s option, shall either replace such maintenance HVAC system or repair on behalf require Landlord, upon thirty (30) days’ notice to Landlord, to replace the HVAC systems, in which case Tenant will reimburse Landlord for the cost incurred by Landlord in replacing such HVAC systems within thirty (30) days following demand from Landlord; provided, however, that any capital repairs or replacements of Tenant; provided the HVAC systems shall be reasonably amortized over the estimated life of such entry HVAC system in accordance with GAAP, together with interest at the rate of seven percent (7%) per annum, or such higher annual rate as Landlord may actually have to pay. With respect to any of the existing HVAC units that are not being replaced by Tenant in accordance with Exhibit H-1 attached hereto, if such existing HVAC units require replacement during the first five (5) years following the Delivery Date, then Landlord shall pay the cost of such replacement, and if any such existing HVAC units require replacement from and after the date that is made five (5) years following the Delivery Date, then the cost of such replacement shall be amortized as set forth in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, preceding sentence and Tenant shall reimburse Landlord immediately upon demand for such amortized cost. Tenant hereby waives all costs incurred rights under California Civil Code section 1941 and all rights to make repairs at the expense of Landlord or in performing lieu thereof to vacate the Premises as provided by California Civil Code section 1942 or any other law, statute or ordinance now or hereafter in effect. Except as expressly set forth herein, Landlord has no obligation and has made no promise to alter, remodel, improve, repair, maintain, decorate or paint the Premises or the Building or any part thereof or any equipment, fixtures or improvements therein.
10.2 Landlord shall at its sole cost maintain the foundation, roof, exterior face of exterior walls, and the load-bearing portions of load-bearing walls and other structural portions of the Building, in reasonably good order and condition. In addition, Landlord shall maintain and repair, subject to reimbursement from Tenant pursuant to section 4.1 above, the roof membrane. Any damage in or to any such maintenance areas or repair plus an administration fee equal elements caused by Tenant or any agent, employee, contractor, licensee or invitee of Tenant shall be repaired by Landlord at Tenant’s expense and Tenant shall reimburse Landlord therefor on demand, as additional rent. Landlord shall not be liable for any criminal acts of others or for any direct, consequential or other loss or damage related to 5% any malfunction, circumvention or other failure of such actual and reasonable costs any access control service, device or expensespersonnel, except to the extent the same is caused by Landlord’s (or any of its agents’, employees’, or contractors’) gross negligence or willful misconduct.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseapportenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution or rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, apportenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 1 contract
Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant shallagrees that the Premises are then in a good and tenantable condition. Notwithstanding the foregoing, prior to the Commencement Date Landlord shall cause the following systems (the "MEP Systems") to be inspected and placed in good working order and repair: (i) electrical, (ii) plumbing, and (iii) heating, ventilating and air-conditioning. If, during the first sixty (60) days of the Term, any MEP System is not in the condition required by the foregoing sentence, Tenant shall notify Landlord of the need for repair within sixty (60) days following the Commencement Date, and the repair shall be promptly be completed by Landlord at its expense, throughout no cost to Tenant. Landlord hereby assigns to Tenant all warranties with respect to the Term Premises which would reduce Tenant's maintenance obligations hereunder and shall cooperate with Tenant to enforce all renewals and extensions thereofsuch warranties. Tenant shall be responsible to clean, maintain in good order, condition and repair the Premises, including providing janitorial services and disposal of trash; and to that end, during the Term, Tenant, at Tenant's expense but not limited to heating under the direction of Landlord, shall repair and maintain the Premises, including, without limitation, any elevator, the heating, ventilating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical system or systems and equipment exclusively serving the Premises, electric light the electrical and plumbing systems serving the Premises, including the lighting and plumbing fixtures, bulbsthe restrooms serving the Premises, tubes interior stairways in the Premises, the interior and tube casingsexterior glass, doorsplate glass skylights, interior walls, floor coverings, dock doorsceiling (ceiling tiles and grid), levelersTenant Improvements, plumbing system 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. With respect to the electrical and plumbing fixturessystems serving the Premises, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services the maintenance and trash removal repair of any such systems only to the point where such systems join a main or other junction (e.g., sewer main or electrical transformer) serving more than one user. On or before the Commencement Date Tenant shall provide Landlord with a copy of a service contract with a licensed commercial Heating, Ventilating and Air-conditioning maintenance company (which contract and company shall be subject to Landlord's prior reasonable approval), to maintain, on an ongoing basis (at least quarterly), the heating, ventilating and air-conditioning system serving the Premises. In addition to the foregoing, Tenant acknowledges that the sewer piping at the Development is made of ABS plastic. Accordingly, without Landlord's prior written consent, which consent may be granted or withheld in Landlord's sole discretion, Tenant shall allow only ordinary domestic sewage to be placed in the sewer system from the Premises. UNDER NO CIRCUMSTANCES SHALL TENANT EVER PLACE, OR ALLOW TO BE PLACED, ANY ESTERS OR KETONES (USUALLY FOUND IN SOLVENTS TO CLEAN UP PETROLEUM PRODUCTS) IN THE DRAINS OR SEWER SYSTEM, FROM THE PREMISES.
7.2 Landlord shall (a) 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, and the public and common areas outside of the Building, (b) wash the exterior windows of the Building on a periodic basis, (c) caulk exterior window joints and concrete slabs and (d) paint the exterior of the Building, all of which shall be included as a part of Operating Costs, subject to the terms and conditions contained in Section 3.2 of this Lease. Landlord shall be under no obligation to inspect the Premises. Tenant shall promptly report in writing to Landlord any defective condition known to Tenant which Landlord is required to repair. As a material part of the consideration for this Lease, Tenant hereby waives any benefits of any applicable existing or future Law, including the provisions of California Civil Code Sections 1932(1), 1941 and 1942, that allows a tenant to make repairs at its landlord's expense.
7.3 Landlord hereby reserves the right, at any time and from time to time, without liability to Tenant’s expense. Landlord , and without constituting an eviction, constructive or otherwise, or entitling Tenant intend thatto 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, at additions, repairs, improvements to or in or to decrease the size of area of, all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance or any part of the Property. All of Tenant’s obligations to maintain Building, the fixtures and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain equipment therein, and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice Building Systems (except that no notice Landlord shall not have any right under this provision to reduce the size of the Premises, or to permanently, materially and adversely affect Tenant's access to and use of the Premises, except only as may be required to comply with Laws or as a result of any fire or other casualty or Condemnation);
(b) To change the Building's name or street address;
(c) To install and maintain any and all signs on the exterior and interior of the Building;
(d) To reduce, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature of the common areas (including the Parking Facility) and other tenancies and premises in case the Property and to create additional rentable areas through use or enclosure of emergencycommon 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 use or conservation of energy or utilities or the reduction of automobile or other emissions or reduction or management of traffic or parking on the Property (collectively "Controls"), enter to comply with such Controls, whether mandatory or voluntary, or make any alterations to the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesProperty related thereto.
Appears in 1 contract
Sources: Lease Agreement (Perclose Inc)
Maintenance and Repairs. 7.1 Tenant shalla) The Licensor hereby confirms that there are common areas which include staircase, passage and open space appurtenant to the said building namely “------------------------- --” Further Licensee shall be bound to maintain at its expensecost and expenses the said tenements and keep the common areas appurtenant thereto in good, throughout clean, and hygienic conditions suitable for human inhabitation. The Licensor may at its discretion carry out the Term said required maintenance work and the Licensee shall be liable and bound to pay such expenses to the Licensor immediately on demand without any demur.
b) That Licensor agrees that the Licensee can assemble the Furniture and carry out temporary modifications in the said tenements without affecting the RCC, Civil Works and Structural Elevation of the building, with the approval of Licensor.
c) Maintenance charges towards common area and usage of common utilities along with Co-operative Housing Society’s charges shall be exclusively borne by the Licensee in addition to the License fees.
d) The Licensee shall handover, the actual possession of the said tenements under the sub Leave and License Agreement/suitable arrangement and it shall lie with the said slum dwellers and Licensee shall undertake the entire responsibility of the transit accommodation till its usage by the said eligible slum dwellers.
e) The installation and upkeep of all the critical infrastructure in connection with the Building viz; lift, water supply, sanitation shall be ensured by Licensor. The Annual Maintenance Contract shall be executed between the Licensor and concern service provider agency and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, expenses including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlordinter alia monthly bill/s AMC charges etc. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord the Licensee. Invoice/s on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair issues raised on behalf of Tenant; provided such entry SRA shall be borne and paid by the Licensee exclusively in addition to the License Fee. It is made agreed upon that the Capital Expenditure pertaining to the demised premises shall be borne by the Licensor and Revenue Expenditure shall be borne by the Licensee.
f) If the Licensor engages any Service Provider agency in compliance with Applicable Laws, including but not limited torespect to the maintenance and upkeep of said premises, the Marijuana code. In such cases, Tenant licensee shall reimburse Landlord immediately upon demand the expenditure incurred to the Licensor.
g) Further, it is specifically agreed by the licensee that, the licensee shall be liable and responsible for all costs the expenditure to be incurred on the Coop Housing Society related issues.
h) In case of occupation of tenements in performing such maintenance the same premises by another Licensee or repair plus an administration fee equal to 5% unit holders, the expenditure shall be borne on pro-rata basis based on the number of such actual and reasonable costs or expensesunits, allotted.
Appears in 1 contract
Sources: Leave and License Agreement