Common use of Maintenance and Services Clause in Contracts

Maintenance and Services. Subtenant hereby agrees that it is relying directly on Landlord’s obligations under the Prime Lease for all maintenance, services and repairs to the Sublet Premises. If Landlord shall default in any of its obligations to Sublandlord under the Prime Lease, Sublandlord shall reasonably cooperate with Subtenant, upon written request by Subtenant and at Subtenant’s sole cost and expense, in enforcing Sublandlord’s rights against Landlord under the Prime Lease; provided, however, that if Landlord has also defaulted in such obligations with regard to the remainder of the Leased Premises, any correspondence, action or proceeding sent or brought by Sublandlord against Landlord shall also, at no cost to Subtenant, seek to require Landlord to resume such services with regard to the Sublet Premises. In addition to performing all other obligations of Sublandlord under the Prime Lease relating to the repair and maintenance of the Sublet Premises, Subtenant shall, at its expense, maintain the interior non-structural portions of the Sublet Premises in good order and condition, except for reasonable wear and tear and damage caused by fire or other casualty, taking, default by Sublandlord hereunder, or by any negligent act or omission or willful act or omission by Sublandlord, its officers, directors, employees, contractors, servants or agents.

Appears in 1 contract

Samples: Sublease (Netiq Corp)

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Maintenance and Services. Subtenant hereby agrees that it is relying directly on Landlord’s obligations under LESSOR at its own expense, shall provide maintenance services at the Prime Lease for all maintenance, level associated with facilities in a long-term reserve state. These services and repairs are limited to the Sublet minimum maintenance measures necessary to preserve the exterior superstructure of all buildings in' their present condition, as noted in Exhibit "F." Additionally, LESSOR, at its own expense shall maintain, repair and replace as necessary all common areas and common means of ingress or egress within the installation and shall repair or replace the HVAC system, if needed. LESSEE at its own expense shall maintain, and repair the Premises. If Landlord shall default , that the same will at all times be kept in any of its obligations to Sublandlord under the Prime Leaseat feast as good condition as when received hereunder, Sublandlord shall reasonably cooperate with Subtenant, upon written request by Subtenant and at Subtenant’s sole cost and expense, in enforcing Sublandlord’s rights against Landlord under the Prime Lease; providedsubject, however, that if Landlord has also defaulted in such obligations with regard to the remainder of the Leased Premises, any correspondence, action or proceeding sent or brought by Sublandlord against Landlord shall also, at no cost to Subtenant, seek to require Landlord to resume such services with regard to the Sublet Premises. In addition to performing all other obligations of Sublandlord under the Prime Lease relating to the repair and maintenance of the Sublet Premises, Subtenant shall, at its expense, maintain the interior non-structural portions of the Sublet Premises in good order and condition, except for reasonable ordinary wear and tear and loss or damage caused for which LESSEE is not liable hereunder. At all times LESSEE shall maintain insurance coverage as provided in Sections 12, 13, and Exhibit "G" of this Lease. LESSEE shall keep the Premises free of all trash and rubbish and maintain the same in a clean, neat, orderly and sanitary condition. LESSOR shall be responsible for all "preventive", maintenance as described in the Basic Maintenance Description in Exhibit "E" attached hereto and made a part hereof. LESSEE will provide pest control service for the Premises on a periodic basis. LESSOR will provide applicable life safety code requirements and maintenance including emergency lighting, illuminated exit signs at proper locations, panic hardware, and installation and maintenance of fire extinguishers, subject to notification by fire LESSEE if any of these items are out of compliance. LESSEE shall immediately give LESSOR oral or other casualtywritten notice of any defects or need for repairs, takingafter which LESSOR shall have a reasonable opportunity to repair or cure defect. The parties acknowledge that the condition of the Premises at the commencement of the Lease is set forth in Exhibit "F" attached hereto and made a part hereof. LESSEE acknowledges that the Premises have been used by the DOE and its contractor in its production of nuclear components, default by Sublandlord and accordingly has required super adequate ventilation, lighting and monitoring equipment. DOE has retained the responsibility for bringing its leased premises, which include the Premises hereunder, up to federal and state environmental standards. Some of the processes, materials, and substances to be used by LESSEE were also used by DOE on the site of the Premises. LESSOR or by any negligent act or omission or willful act or omission by SublandlordDOE shall be responsible for all remediation required and for bringing the Premises into compliance with all environmental standards, its officers, directors, employees, contractors, servants or agentsfor all conditions which existed prior to LESSEE's occupancy of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Liquidmetal Technologies)

Maintenance and Services. Subtenant hereby The Landlord shall maintain the dwelling unit, equipment and appliances, and common areas and facilities, to provide decent, safe and sanitary housing in accordance with the HUD Housing Quality Standards for the Section 8 Program, including the pro­vision of all the services, maintenance and utilities set forth in the Lease. Landlord agrees that it is relying directly on Landlord’s obligations under the Prime Lease to and shall maintain and be responsible for all maintenance, services and repairs to the Sublet Premises. If Landlord shall default in any of its obligations to Sublandlord under appliances provided by the Prime LeaseLand­lord, Sublandlord shall reasonably cooperate with Subtenantheating and air conditioning unit, upon written request by Subtenant plumbing and at Subtenant’s sole cost and expense, in enforcing Sublandlord’s rights against Landlord under electrical systems located on the Prime Leaseleased premises; providedpro­vided, however, that if any injury or damage inflicted to or on any appliance, heating and air conditioning unit, plumbing or electrical system by the willful or negligent act of the Tenant or his guests shall be the responsi­bility of the Tenant, who shall immediately notify the Landlord of such damage or injury and reimburse the Land­lord for necessary repairs on or before the date of the next accruing rental payment following completion thereof. Tenant agrees to and shall maintain the remaining parts of the leased premises, including the mail box, walls, floors and carpeting, and such other fixtures as may be therein in a clean and sanitary manner. Tenant shall not be responsible for normal wear and tear on the premises. If damage of the dwelling unit, other than normal wear and tear, is caused by acts of or neglect by Tenant or others occupying the premises with Tenant's permission, Tenant, upon prior agreement with Landlord, may repair such damage at Tenant's own expense. If the Landlord has also defaulted in such obligations with regard to make repairs, Tenant shall be liable to Landlord for any reasonable expense thereby incurred by Landlord. Extermination services and repainting shall be provided by the Landlord as conditions may require. The Tenant shall consistently maintain utility service to the remainder dwelling unit for Tenant-purchased utilities. The Landlord shall provide maintenance and services as follows: The Landlord shall maintain the dwelling unit and all equipment provided therewith, as well as common areas facilities and equipment provided for the use and benefit of the Leased PremisesTenant in compliance with the Housing Quality Standards on the basis of which this Lease was approved by the PHA, any correspondence, action or proceeding sent or brought by Sublandlord against and the Landlord shall alsorespond in a reason­able time to calls by the Tenant for services consistent with said obligation. Where applicable (as in case of Multi-unit buildings), at no cost such maintenance with the respect to Subtenantcommon areas, seek to require Landlord to resume such services with regard to the Sublet Premises. In addition to performing all other obligations facilities and equipment shall include cleaning, maintenance of Sublandlord under the Prime Lease relating to the repair lighting and equipment; and maintenance of grounds, lawns and shrubs. The PHA shall be free to inspect the Sublet Premisespremises covered by the Lease periodically to assure that the physical condi­tion thereof continues to meet PHA standards of decent, Subtenant shall, at its expense, maintain safe and sanitary housing and to determine whether the interior non-structural portions services required to be provided hereunder are being pro­vided to the premises. In the event the PHA reasonably determines that either (i) the physical condition of the Sublet Premises in good order premises does not meet PHA standards for decent, safe and condition, except for reasonable wear and tear and damage caused by fire or other casualty, taking, default by Sublandlord hereundersanitary housing, or by (ii) one or more of the services specified herein are not being provided to the premises, or (iii) that the Landlord is in breach of any negligent act of the conditions of this Lease, the PHA may give written notice to the Landlord to correct the deficiencies within 30 days or omission less. Upon the Landlord's failure to do so, the PHA shall have the right, in addition to its other rights and remedies under the Contract, to hold, terminate or willful act reduce housing assistance payments or omission by Sublandlord, its officers, directors, employees, contractors, servants to terminate the Contract. Landlord shall furnish to Tenant two (2) sets of keys to the premises consisting of two (2) apartment keys and two (2) mail box keys. Tenant shall return to Landlord at the termination of this Lease the keys so given to Tenant or agentsshall be charged a $5.00 per key service charge for any such keys not returned.

Appears in 1 contract

Samples: Assisted Lease Agreement

Maintenance and Services. Subtenant hereby agrees that that, except as otherwise provided in this Section IO, it is relying directly on Landlord’s 's obligations under the Prime Lease for (i) all maintenancerepairs and replacements to all structural elements of or associated with the Building (as provided in Article XI, services Section 2 of the Original Lease), (ii) all capital expenditures throughout the Sublease Term which may be required to keep the Building in good repair and repairs maintenance and in compliance with all Laws (except for compliance of Interior Improvements and Alterations) and the maintenance and repair of the mechanical, electrical, conveying, plumbing and other systems within the Building, except for any portion of the HVAC system serving the Sublet Premises which was installed by or at the expense of Sublandlord (as provided in Article XI, Section 3 of the Original Lease), and (iii) all water, gas, electricity, sewer and telephone lines, up to the connection points of the Building (as provided in Article VI, Section I of the Original Lease). Sublandlord shall maintain in good order, condition and repair all portions of the HVAC system serving the Sublet Premises which were installed by or at the expense of Sublandlord, and the paved and landscaped portions of the Land, shall provide five (5) day per week janitorial service to the Sublet PremisesPremises and shall perform all necessary landscaping, repairing & replacing, painting, lighting, and cleaning with respect to the Land and the exterior of the Building (collectively "Sublandlord's Maintenance Obligations"). If Landlord No failure or delay by Sublandlord in supplying any service or performing any maintenance required under the preceding sentence shall default in give Subtenant any right to terminate this Lease or shall give rise to any claim for set-off or any abatement of rent or additional rent or of any of its Subtenant's obligations to Sublandlord under this Sublease when such failure or delay is caused by the Prime Lease, Sublandlord shall reasonably cooperate with Subtenant, upon written request act or omission of Subtenant or by Subtenant and at Subtenant’s sole cost and expense, in enforcing any cause beyond the control of Sublandlord’s rights against Landlord under the Prime Lease; provided, however, that if Landlord has also defaulted in such obligations with regard to the remainder of the Leased Premises, any correspondence, action or proceeding sent or brought by Sublandlord against Landlord shall also, at no cost to Subtenant, seek to require Landlord to resume such services with regard to the Sublet Premises. In addition to performing all other obligations of Sublandlord under the Prime Lease relating to the repair and maintenance of the Sublet Premises, Subtenant shall, at its expense, maintain the interior non-structural portions of the Sublet Premises Building and the Telecommunications Equipment in good order and condition, except for reasonable wear and tear and damage caused by fire or other casualty, takingTaldng, default by Sublandlord hereunder, or by any negligent act or omission or willful act or omission by Sublandlord, its officers, directors, employees, contractors, servants or agents.

Appears in 1 contract

Samples: Recognition and Attornment Agreement (Microsoft Corp)

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Maintenance and Services. Subtenant hereby agrees that that, except as otherwise provided in this Section 10, it is relying directly on Landlord’s 's obligations under the Prime Lease for (i) all maintenancerepairs and replacements to all structural elements of or associated with the Building (as provided in Article XI, services Section 2 of the Original Lease), (ii) all capital expenditures throughout the Sublease Term which may be required to keep the Building in good repair and repairs maintenance and in compliance with all Laws (except for compliance of Interior Improvements and Alterations) and the maintenance and repair of the mechanical, electrical, conveying, plumbing and other systems within the Building, except for any portion of the HVAC system serving the Sublet Premises which was installed by or at the expense of Sublandlord (as provided in Article XI, Section 3 of the Original Lease), and (iii) all water, gas, electricity, sewer and telephone lines up to the connection points of the Building (as provided in Article VL Section 1 of the Original Lease). Sublandlord shall maintain in good order, condition and repair all portions of the HVAC system serving the Sublet Premises which were installed by or at the expense of Sublandlord, and the paved and landscaped portions of the Land shall provide five (5) day per week janitorial service to the Sublet Premises, and shall perform all necessary landscaping, repairing, replacing, painting, lighting, and cleaning with respect to the Land and the exterior of the Building (collectively "Sublandlord's Maintenance Obligations"). If Landlord No failure or delay by Sublandlord in supplying any service or performing any maintenance required under the preceding sentence shall default in give Subtenant any right to terminate this Lease or shall give rise to any claim for set-off or any abatement of rent or additional rent or of any of its Subtenant's obligations to Sublandlord under this Sublease when such failure or delay is caused by the Prime Lease, Sublandlord shall reasonably cooperate with Subtenant, upon written request act or omission of Subtenant or by Subtenant and at Subtenant’s sole cost and expense, in enforcing any cause beyond the control of Sublandlord’s rights against Landlord under the Prime Lease; provided, however, that if Landlord has also defaulted in such obligations with regard to the remainder of the Leased Premises, any correspondence, action or proceeding sent or brought by Sublandlord against Landlord shall also, at no cost to Subtenant, seek to require Landlord to resume such services with regard to the Sublet Premises. In addition to performing all other obligations of Sublandlord under the Prime Lease relating to the repair and maintenance of the Sublet Premises, Subtenant shall, at its expense, maintain the interior non-structural portions of the Sublet Premises Building and the Telecommunications Equipment in good order and condition, except for reasonable wear and tear and damage caused by fire or other casualty, takingTaldng, default by Sublandlord hereunder, or by any negligent act or omission or willful act or omission by Sublandlord, its officers, directors, employees, contractors, servants or agents.

Appears in 1 contract

Samples: Recognition and Attornment Agreement (Microsoft Corp)

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