Common use of Maintenance by Tenant Clause in Contracts

Maintenance by Tenant. Tenant shall at all times keep in good order, condition and repair (which shall include the providing of replacements where necessary) the entire Premises and the interior portions of the Building (excepting only the interior portions of the Building being leased by other parties) including, without limitation, the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and any air conditioning system and sprinkler system situated within and/or servicing the Premises, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the Landlord’s roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense and without notice to Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacements, or maintenance of any item or any type of the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and to be paid for by Tenant. Tenant shall be entitled to recover from Landlord the costs of all repairs made by Tenant to the roof and interior portions of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due to Landlord.

Appears in 2 contracts

Samples: Lease (Radiation Therapy Services Inc), To Lease (Radiation Therapy Services Holdings, Inc.)

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Maintenance by Tenant. Tenant shall at all times keep in good order, condition and repair (which shall include the providing of replacements where when necessary) the entire Premises and the interior portions of the Building (excepting only the interior portions of the Building being leased by other parties) including, without limitation, the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and any air conditioning system and sprinkler system situated within and/or servicing the Premises, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the Landlord’s roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense and without notice to Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacements, or maintenance of any item or any type of the Premises, Premises (other than the roof, building structure and any capital improvements thereto, ) is the responsibility of the Tenant and to be paid for by Tenant. Tenant shall be entitled to recover from Landlord the Condominium Association the costs of all repairs above and beyond Tenant’s Proportionate Share made by Tenant to the roof and interior structural portions of the Building (excepting those repairs made solely either for the benefit of the Tenant and/or Premises) less of, or due to damage caused by, the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due to Landlord).

Appears in 2 contracts

Samples: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.)

Maintenance by Tenant. Tenant shall keep the Premises, including all windows, signs, and sidewalks, service ways, loading areas adjacent to the Premises, landscaping and irrigation systems (if any), and all paved surfaces and parking lots (including striping of the parking lot and preventing potholes and other surface inadequacies based on the intended purpose of such paved surfaces and parking lots) in good, clean, rubbish-free condition, free from waste and nuisance at all times times, reasonable wear and tear and damage by casualty excepted. Tenant shall, subject to Landlord's maintenance responsibilities provided for above, make all needed repairs, including without being limited to, maintenance of all direct utility connections and replacement of any cracked or broken windows or other glass. Tenant shall, at Tenant's expense, keep in good orderworking condition the heating, condition ventilating, and repair (which shall include air conditioning systems, the providing of replacements where necessary) the entire Premises sprinkler system, if any, and the interior portions of the Building (excepting only the interior portions of the Building being leased by other parties) includingwater heater, without limitationmaintaining, the roofrepairing, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and any air conditioning system and sprinkler system situated within and/or servicing the Premisesreplacing such items as may be necessary from time to time, reasonable and ordinary wear and tear and damage by casualty excepted. Said maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the Landlord’s roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, comply at Tenant’s its sole cost and expense with all governmental laws, ordinances, and without notice to regulations which must be complied with by reason of the nature of the use of the Premises by Tenant, except that Tenant shall not be obligated to cause said work make any structural changes or alterations to the Premises in order to comply therewith unless made necessary by the negligent act or omission of Tenant, in which event Tenant shall comply at its expense in accordance with plans and the roof area affected thereby specifications approved by Landlord. If any repairs or replacements required to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacements, or maintenance of any item or any type of the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and to be paid for by Tenant. Tenant shall be entitled to recover from Landlord the costs of all repairs made by Tenant hereunder are not made within fifteen (15) days after written notice delivered to Tenant by Landlord, Landlord may, at its option, make such repairs or replacements without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs or replacements, and Tenant shall pay to Landlord upon demand as additional rental hereunder the cost of such repairs and replacements, plus interest at a rate equal to the roof and interior portions lower of eight percent (8%) per annum, or the maximum rate permitted by the usury laws of the Building (excepting those repairs made solely for the benefit State of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due Texas, from the other tenant(s) within the Building upon receipt date of the paid invoices from payment by Landlord until Landlord is repaid by Tenant; however, Landlord shall not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due to Landlord.

Appears in 2 contracts

Samples: Lease Agreement (H R Window Supply Inc), Lease Agreement (H R Window Supply Inc)

Maintenance by Tenant. Tenant shall at all times keep in good orderIf, condition and repair (which shall include as a result of any drawing by Landlord on the providing Letter of replacements where necessary) Credit, the entire Premises and the interior portions amount of the Building Letter of Credit shall be less than the Letter of Credit Amount, Tenant shall, within ten (excepting only 10) days thereafter, provide Landlord with additional letter(s) of credit in an amount equal to the interior portions deficiency, and any such additional letter(s) of credit shall comply with all of the Building being leased by other parties) includingprovisions of this Article 21, without limitationand if Tenant fails to comply with the foregoing, notwithstanding anything to the contrary contained in Article 19 above, the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and any air conditioning system and sprinkler system situated within and/or servicing the Premises, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant same shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the Landlord’s roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense and without notice to Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacements, or maintenance of any item or any type of the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and to be paid for constitute an incurable default by Tenant. Tenant further covenants and warrants that it will neither assign nor encumber the Letter of Credit or any part thereof and that neither Landlord nor its successors or assigns will be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance. Without limiting the generality of the foregoing, if the Letter of Credit expires earlier than the LC Expiration Date. Landlord will accept a renewal or replacement thereof (such renewal or replacement letter of credit to be in effect and delivered to Landlord, as applicable, not later than thirty (30) days prior to the expiration of the Letter of Credit), which shall be entitled irrevocable and automatically renewable as above provided through the LC Expiration Date upon the same terms as the expiring Letter of Credit or such other terms as may be acceptable to recover from Landlord in its sole discretion. However, if the costs Letter of all repairs made Credit is not timely renewed, or if Tenant fails to maintain the Letter of Credit in the amount and in accordance with the terms set forth in this Article 21, Landlord shall have the right to present the Letter of Credit to the Bank in accordance with the terms of this Article 21, and the proceeds of the Letter of Credit may be applied by Landlord against any Rent payable by Tenant under this Lease that is not paid when due and/or to pay for all losses and damages that Landlord has suffered or that Landlord reasonably estimates that it will suffer as a result of any breach or default by Tenant under this Lease. Any unused proceeds shall constitute the property of Landlord and need not be segregated from Landlord’s other assets. Landlord agrees to pay to Tenant within thirty (30) days after the LC Expiration Date the amount of any proceeds of the Letter of Credit received by Landlord and not applied against any Rent payable by Tenant under this Lease that was not paid when due or used to pay for any losses and/or damages suffered by Landlord (or reasonably estimated by Landlord that it will suffer) as a result of any breach or default by Tenant under this Lease; provided, however, that if prior to the roof and interior portions LC Expiration Date a voluntary petition is filed by Tenant, or an involuntary petition is filed against Tenant by any of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect creditors, under the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; howeverBankruptcy Code, then Landlord shall not be liable for any obligated to make such amounts unless and payment in the amount of the unused Letter of Credit proceeds until the other tenant(s) within the Building either all preference issues relating to payments under this Lease have provided been resolved in such sums due to Landlordbankruptcy or reorganization case or such bankruptcy or reorganization case has been dismissed.

Appears in 1 contract

Samples: Office Lease (Cotherix Inc)

Maintenance by Tenant. Tenant The TENANT shall be wholly responsible for the routine interior maintenance of the leased premises, and will keep them in as good condition as when originally occupied by TENANT, reasonable wear and tear and damage by fire and the elements excepted; and will keep them in an orderly, clean and sanitary condition as required by the laws and ordinances applicable thereto; will neither do nor permit to be done therein anything which is in violation of the terms of insurance policies on said building or the laws or ordinances applicable thereto; will neither commit nor suffer waste in said premises and will pay for all glass, broken by its fault or anothers, negligence or the fault or negligence of its employees, invitees, customers or agents. It is agreed that the routine maintenance and repair obligations of the TENANT hereunder shall extend to all interior pans or portions of the leased premises including glass, entrance and overhead garage doors and related hardware, and including all portions of the heating, air conditioning, plumbing, sprinklers, electrical and mechanical fixtures, equipment, connections and appurtenances, except as such items may be covered by manufacturer warranties; provided, however, it is understood and agreed that all such items shall be of good quality and in operating condition at the commencement of this Lease. Landlord will warranty all existing mechanical equipment in the demised premise until August 31, 2007, TENANT shall at all times keep the leased premises in good order, a neat and clean condition and repair (which shall include the providing free from garbage, ashes, waste and accumulation of replacements where necessary) the entire Premises and the interior portions of the Building (excepting only the interior portions of the Building being leased by other parties) includingrubbish or filth, without limitation, the roof, the exterior and all glass garbage, waste, and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and any air conditioning system and sprinkler system situated within and/or servicing the Premises, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises rubbish shall be performed removed promptly by TENANT at its own expense. TENANT shall keep the Landlord’s roofing subcontractorsidewalks directly adjoining the leased premises swept and free from ice and snow and other obstructions. In the event that Tenant causes such work the TENANT fails to be performed by anyone perform any act required of TENANT under this Lease after receiving written notice from LANDLORD, the LANDLORD may, in addition to any other than remedy provided herein, perform or satisfy the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense and without notice to Tenant, to cause said work obligation of TENANT which is in default and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacements, or maintenance of any item or any type of the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and to be paid for by Tenant. Tenant reasonable cost thereof shall be entitled to recover from Landlord the costs of all repairs made by Tenant to the roof and interior portions of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts become an amount immediately due from the other tenant(sTENANT to the LANDLORD with interest thereon at Ten percent (10%) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable for any such amounts unless and per annum until the other tenant(s) within the Building have provided such sums due to Landlordpaid.

Appears in 1 contract

Samples: Lease Agreement (Commercial E-Waste Management Inc)

Maintenance by Tenant. Tenant shall at all times during the Lease Term keep the Premises (including maintenance of exterior entrances, all glass and show window moldings) and all partitions, doors, doorjams, door closures, door hardware, fixtures, equipment and appurtenances thereof (including electrical, lighting, heating and plumbing, and plumbing fixtures, and any air conditioning systems, including leaks around ducts, pipes, vents, or other parts of the air conditioning, heating or plumbing systems which protrude through the roof) in good order, condition and repair including replacements (which including reasonable periodic interior painting as determined by Landlord). Tenant shall include also repair any damages to the providing of replacements where necessary) the entire Premises and the interior structural portions of the Building (excepting only the interior portions roof and Project resulting from Tenant's negligent acts or omissions or anyone acting or claiming under Tenant as a result of the Building being leased by other parties) including, without limitation, the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and failure of Tenant or any air conditioning system and sprinkler system situated within and/or servicing the Premises, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the Landlord’s roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense and without notice to one claiming under Tenant, to cause said work and perform or observe the roof area affected thereby covenants or conditions in this Lease contained or resulting from alterations, additions or improvements to be inspected and/or repaired the premises made by Landlord’s roofing subcontractor. All repairs, replacements, Tenant or maintenance of any item anyone claiming under or any type of the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and to be paid for by acting through Tenant. Tenant shall contract with a service company approved by Landlord for the maintenance of the heating and air conditioning equipment and/or evaporative coolers servicing the Premises with a copy of the service contract to be entitled to recover from Landlord the costs of all repairs made by Tenant furnished to the roof Landlord within thirty (30) days after the Commencement Date, and interior portions a copy of any subsequent contracts to be furnished from time to time during the Building (excepting those repairs made solely Lease Term. If Tenant refuses or neglects to furnish a copy of a maintenance contract for said heating and air conditioning equipment and/or evaporative coolers Landlord may contract for such maintenance and will xxxx Tenant for the benefit cost, plus twenty percent (20%) overhead, and Tenant agrees to reimburse Landlord for the cost within ten (10) days of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due to Landlord's billing.

Appears in 1 contract

Samples: Warehouse Lease (Newagecities Com Inc)

Maintenance by Tenant. Tenant​ shall maintain the Property in accordance with all applicable provisions of Iowa’s Uniform Residential Landlord and Tenant Law, as the same may be amended from time to time by: Complying​ with all obligations primarily imposed upon Tenant by applicable provisions of building and housing codes materially affecting health and safety. Tenant(s)​ agrees to test smoke detectors monthly and to check and replace batteries as necessary to keep smoke detectors in working order. Tenant shall at all times keep in good order, notify landlord immediately of any observed problems or malfunctions. Keeping the Property as clean and safe as the condition and repair (which shall include the providing of replacements where necessary) the entire Premises and the interior portions of the Building (excepting only the interior portions of the Building being leased by other parties) including, without limitation, the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and any air conditioning system and sprinkler system situated within and/or servicing the Premises, reasonable and ordinary wear and tear exceptedpremises permit. Said maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises Tenant(s)​ shall be performed responsible for the extermination of any pests after 60 days of tenancy and determined by the Landlorda professional exterminator to have originated with or been transferred by Tenant(s) at Tenant(s)’s roofing subcontractorsole cost and expense. In the event that Tenant causes such work to Tenant​ shall further be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the rightresponsible, at Tenant’s sole cost and expense, for cleaning or replacing flooring found by Landlord to be worn or damaged beyond normal wear and tear. Tenant(s)​ are responsible for professionally cleaning any and all carpets in the property before vacating and providing a receipt of aforementioned cleaning. Failure to do so will result in necessary deductions from deposit. Initial: _______________​ Disposing from the Property all ashes, rubbish, garbage, and other waste in a clean and safe manner. Keeping​ all plumbing fixtures in the Property used by Tenant as clean as their condition permits. Tenant(s) shall be responsible for clearing any clogs/stoppages found to be caused by the Tenant(s) at Tenant(s)’s sole expense and without notice to Tenantshall be held responsible for any damage resulting from overflowing bathtubs, to cause said work toilets, and/or sinks. Using in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractorother facilities and appliances, including replacing furnace filters every thirty (30) days or as needed, and inspecting sump pump(s) and related equipment every thirty (30) days. All repairsNot​ deliberately or negligently destroying, replacementsdefacing, damaging, impairing, or maintenance of removing any item or any type part of the PremisesProperty, other than building structure and any capital improvements thereto, is the responsibility or knowingly permitting another person to do so. Conducting​ himself or herself in a manner that will not disturb a neighbor's peaceful enjoyment of the Tenant and to be paid for by Tenantpremises. Tenant shall be entitled to recover from Landlord the costs of all repairs made by Tenant to the roof and interior portions of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due to Landlord.Initial: _______________​

Appears in 1 contract

Samples: Residential Rental Agreement

Maintenance by Tenant. Except as provided in Section 6.03, Article 7 (Damage or Destruction) and Article 8 (Condemnation), Tenant shall at keep all times keep portions of the Premises in good order, condition and repair (which including, but not limited to, interior and exterior painting, systems and equipment, roof, parking lot lighting and pavement, landscaping and irrigation and signage provided that, except for damage caused by Tenant, Tenant shall include the providing of replacements where necessary) the entire Premises and the interior portions not be responsible for replacement of the Building (excepting only roof or the interior portions parking lot pavement). If any portion of the Building being leased Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Premises or system or equipment in the Premises, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by other parties) including, without limitationexercise of any options), the roofuseful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the exterior cost which is applicable to the Lease Term (as extended). Tenant will maintain temperature of Premises sufficient to avoid freezing the sprinkler system. Tenant shall maintain a preventive maintenance contract providing for the regular inspection and all glass maintenance of the heating, ventilation, and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and any air conditioning system and sprinkler system situated within and/or servicing the Premises, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the Landlord’s roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense and without notice to Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired a licensed contractor approved in advance by Landlord’s roofing subcontractor. All repairs, replacements, or maintenance of any item or any type of the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and to be paid for by Tenant. Tenant shall be entitled to recover from utilize a roofing contractor approved in advance by Landlord for roof maintenance as needed. If any part of the Project is damaged by any act or omission of Tenant, Tenant shall pay Landlord the costs cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the intention of Landlord and Tenant that at all repairs made by times Tenant to shall maintain the roof Premises in an attractive, first-class and interior portions of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due to Landlordfully operative condition.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Home Interiors & Gifts Inc)

Maintenance by Tenant. Tenant shall at all times keep Except for Landlord’s obligations described in good order, condition and repair (which shall include the providing of replacements where necessary) the entire Premises and the interior portions of the Building (excepting only the interior portions of the Building being leased by other parties) including, without limitation, the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only Section 12 above and any air conditioning system and sprinkler system situated within and/or servicing the Premisesjanitorial services provided by Landlord under Section 9 above, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the Landlord’s roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense expense, will keep and maintain the Premises in good, clean, sanitary, neat and fully operative condition and repair, reasonable wear and tear excepted, which obligations of Tenant will include, without notice to limitation, the maintenance, repair and replacement of all: (a) interior surfaces of exterior walls and demising walls; (b) interior walls, moldings, partitions and ceilings; (c) carpeting; (d) non-structural interior components; (e) interior windows, plate glass and doors; (f) kitchen or break-room fixtures, appliances and equipment; and (g) Tenant’s personal property situated in the Premises. Tenant will also pay or reimburse Landlord for (or, to cause said work and the roof area affected thereby to be inspected and/or repaired by at Landlord’s roofing subcontractor. All repairsoption, replacements, perform) the repair or maintenance replacement of any item waste or any type of excessive or unreasonable wear and tear to the Premises, other than building structure and any capital improvements thereto, is Premises or the responsibility of the Tenant and to be paid for Complex caused or permitted by Tenant. Tenant shall be entitled to recover from Landlord the costs of all Any repairs made or replacements performed by Tenant pursuant to this Section must be at least equal in quality and workmanship to the roof original work, be in accordance with all Laws and interior portions comply with Landlord’s sustainability practices, including any third-party rating systems concerning environmental compliance of the Building or Complex, as the same may change from time to time. At the expiration or early termination of this Lease, Tenant shall deliver up the Premises to Landlord in as good condition as at the Commencement Date, ordinary wear and tear and damage by fire or casualty loss (excepting those repairs made solely for the benefit of the Tenant and/or Premisesunless caused by Tenant) less the excepted. Tenant’s Proportionate Share. Landlord shall endeavor obligations under this Section 13 does not include the cost of repairs or damage to collect the amounts due from the other tenant(sitems (a) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable for any such amounts unless and until the other tenant(sthrough (g) within the Building have provided such sums due above that is attributable to Landlord’s failure to perform its maintenance and repair obligations under Section 12 above.

Appears in 1 contract

Samples: Office Lease Agreement (FSP Galleria North Corp)

Maintenance by Tenant. Tenant agrees to keep the premises and appurtenances thereto including all glass and doors, including all Leasehold improvements made by Landlord or Tenant in good repair, free from filth, overloading, and danger of fire or any nuisance. Tenant shall pay for those failures or damages caused by its neglect or misuse. At the expiration or other termination of this Lease, Tenant shall return to the premises to Landlord in as good condition as when received by Tenant, except only for usual wear and use, damage by fire, or other casualty, condemnation, Hazardous Substances (other than those released or emitted by Tenant), and alterations or other interior improvements which it is permitted to surrender at all times the termination of the Lease. Except for the obligations which are Tenant’s responsibility pursuant to the preceding sentence, Landlord shall keep in good order, condition and repair (which shall include maintain the providing of replacements where necessary) the entire Premises and the interior portions of the Building (excepting only the interior portions of the Building being leased by other parties) including, without limitation, the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and any air conditioning system and sprinkler system situated within and/or servicing the Premises, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the Landlord’s roofing subcontractorin good working order. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractoraddition, Landlord will provide electricity, water, sewer, gas, elevator, janitorial, and HVAC service to the Premises at the same levels provided to similar office buildings in the area. Notwithstanding anything to the contrary herein, Landlord shall perform and construct, and Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (a) necessitated by the right, at Tenant’s sole cost and expense and without notice to Tenant, to cause said work and acts or omissions of Landlord or any other occupant of the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacementsBuilding, or maintenance their respective agents, employees or contractors, (b) for which Landlord has a right of any item or any type reimbursement from others, (c) to the structural portions of the Premises, other than building structure and any (d) which could be treated as a “capital improvements theretoexpenditure” under generally accepted accounting principles, is the responsibility of the Tenant and to be paid for by Tenant. Tenant shall be entitled to recover from Landlord the costs of all repairs made by Tenant (e) to the roof heating, ventilating, air conditioning, electrical, water, sewer, and interior portions plumbing systems serving the Premises and the Building, and (f) to any portion of the Building (excepting those repairs made solely for the benefit outside of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt demising walls of the paid invoices from Tenant; howeverPremises. Notwithstanding the foregoing, Landlord Tenant shall not be liable pay for any its share of the repairs described in subsections (d) - (f) to the extent such amounts unless and until the other tenant(s) within the Building have provided such sums due to Landlordcosts are properly included in Operating Expenses.

Appears in 1 contract

Samples: Lease (Alphasmart Inc)

Maintenance by Tenant. Tenant shall at all times keep in good order, condition and repair (which shall include the providing of replacements where when necessary) the entire Premises Building and Project excepting only the interior portions area demised to Xxxxxxxxxx under the Office Lease. However, if Tenant shall elect to perform such repair and maintenance obligations on behalf of Xxxxxxxxxx, Tenant shall be entitled to receive reimbursement from Xxxxxxxxxx of Xxxxxxxxxx’x Proportionate Share of any maintenance, replacement and/or repair of the Building (excepting only the interior portions of the Building being leased by other parties) and Project, including, without limitation, the exterior and structural portions of the Building, the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and any air conditioning system and sprinkler system situated within and/or servicing system, all parking areas, including paving and striping of the Premisesparking areas, reasonable and ordinary wear and tear excepted. Said maintenance by costs to be ‘ reimbursed to Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the Landlord’s roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense and without notice to Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacements, or maintenance of any item or any type portion of the Premises, other than building structure and any capital improvements thereto, is Premises shall be the sole responsibility of the Tenant and to be paid for by Tenant. Tenant shall be entitled to recover from Landlord the costs of all repairs made by Tenant to the roof and interior portions of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due to Landlord.

Appears in 1 contract

Samples: Lease (Radiation Therapy Services Holdings, Inc.)

Maintenance by Tenant. Tenant shall at all times keep in shall, throughout the Term, take good order, condition care of and repair (which shall include maintain the providing of replacements where necessary) the entire Premises and the fixtures and appurtenances therein in good condition and, at its sole cost and expense, make all necessary repairs to the interior portions of the Building (excepting only Premises, except those required of Landlord under the interior portions terms of this Lease, as and when needed to preserve them in good working order and condition, reasonable wear and tear and damage from the elements, fire or other casualty not the fault of Tenant excepted. When used in this Article, the term “repairs” shall include all necessary replacement and renewals. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building being leased by other parties) including, without limitation, Property or to the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances appurtenances, thereto, including lightingwhether requiring structural or nonstructural repairs, heating caused by or resulting from negligence, carelessness, omission, neglect or improper conduct of Tenant, its servants, employees, invitees or licensees, shall be repaired promptly by Tenant at its sole cost and plumbing fixtures serving expense, to the reasonable satisfaction of Landlord. Tenant shall also repair all damage to the Premises only or Property caused by the moving of Tenant’s fixtures, furniture or equipment. All such repairs shall be done in a good and workmanlike manner. There shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Tenant or others, excluding Landlord, making or failing to make any air conditioning system repairs, alterations, additions or improvements in or to any portion of the Property or in and sprinkler system situated within and/or servicing to the Premisesfixtures, reasonable and ordinary wear and tear exceptedappurtenances or equipment thereof. Said maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the Landlord’s roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the rightalso, at Tenant’s sole cost expense, repair and expense refurbish the Premises and without notice any part and portion thereof from time to Tenanttime to assure that the same are kept in a first class, to cause said work tenantable and attractive condition throughout the roof area affected thereby to be inspected and/or repaired by Term. Xxxxxx Xxxxxxxxxxx - Xxxx 0 - Xxxx Xxxxx Section 5.5 - Landlord’s roofing subcontractor. All repairs, replacements, or maintenance of any item or any type of the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and to be paid for by Tenant. Tenant shall be entitled to recover from Landlord the costs of all repairs made by Tenant to the roof and interior portions of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate ShareServices. Landlord shall endeavor to collect furnish the amounts due from Premises with the other tenant(sservices described on Exhibit E attached hereto and incorporated herein (“Landlord Services”) within on the Building upon receipt of the paid invoices from Tenant; however, days and times provided therein. Landlord shall not be liable for failure to furnish any of the Landlord Services when such amounts unless and until failure is caused by Force Majeure (as defined in Section 13.17 below) or Applicable Laws; nor shall Landlord be liable for loss of or injury to property however occurring through or in connection with or incidental to the furnishing of any of the foregoing, nor shall such failure relieve Tenant from its duty to pay the full amount of rent herein reserved, or constitute or be construed as a constructive or other tenant(s) within the Building have provided such sums due to Landlordeviction of Tenant.

Appears in 1 contract

Samples: Lease Agreement (Castle Biosciences Inc)

Maintenance by Tenant. Tenant shall at all times during the lease term hereof keep the leased premises (including maintenance of exterior entrances, all glass and show window moldings) and all partitions, doors, door j xxxx, door closures, door hardware, fixtures, equipment and appurtenances thereof (including electrical, lighting, heating and plumbing, and plumbing fixtures, and any air conditioning systems, including leaks around ducts, pipes vents, or other parts of the air conditioning, heating or plumbing systems which protrude through the rooo in good order, condition and repair including replacements (which including reasonable periodic interior painting as determined by Landlord). Tenant shall include also repair any damages to the providing of replacements where necessary) the entire Premises and the interior structural portions of the Building (excepting only the interior portions roof And leased premises resulting from Tenant's negligent acts or omissions or anyone acting or claiming under Tenant as a result of the Building being leased by other parties) including, without limitation, the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and failure of Tenant or any air conditioning system and sprinkler system situated within and/or servicing the Premises, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the Landlord’s roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense and without notice to one claiming under Tenant, to cause said work and perfon-n or observe the roof area affected thereby covenants or conditions in this Lease contained or resulting from alterations, additions or improvements to be inspected and/or repaired the premises made by Landlord’s roofing subcontractor. All repairs, replacements, Tenant or maintenance of any item anyone claiming under or any type of the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and to be paid for by acting through Tenant. Tenant shall contract with a service company for the maintenance of heating and air conditioning equipment and/or evaporative coolers with a copy of the service contract to be entitled to recover from Landlord the costs of all repairs made by Tenant furnished to the roof Landlord within thirty (30) days after opening for business, and interior portions a copy of any subsequent contracts to be furnished from time to time during the Building (excepting those repairs made solely Lease term. If Tenant refuses or neglects to furnish a copy of a maintenance contract for said heating and air conditioning equipment and/or evaporative coolers Landlord may contract for this maintenance and will xxxx Tenant for the benefit cost, plus twenty percent (20%) overhead, as additional rent, and Tenant agrees to reimburse Landlord for the cost, as additional rent within ten (10) days of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due to Landlord's billing.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Newagecities Com Inc)

Maintenance by Tenant. Tenant shall, at its own expense, maintain in good --------------------- condition or repair all structural and non-structural elements of the Premises. Tenant shall, at its own expense, keep and maintain all portions of the Premises in good order and repair, and in as safe and clean a condition as they were when received by Tenant from Landlord. Tenant's obligation to repair shall include, but not be limited to, the structure, roof, parking area, surrounding landscaped area, hydro-patio area, plumbing, heating, air conditioning, telephone, utilities, waters, electricity, appliances, security, termite, interior and exterior walls, floor coverings, ceilings, the exterior and interior portions of all doors, paved driveways, adjacent sidewalks, and parking areas, etc. Landlord shall incur no expense nor have any obligation of any kind whatsoever in connection with the repair and maintenance of the premises. Tenant expressly waives the benefit of any statute now or hereinafter in effect which would otherwise afford to Tenant the right to make repairs at all times Landlord's expense, or to terminate this lease because of Landlord's failure to keep the premises in good order, condition and repair (which or repair. Further Tenant shall include not use or permit the providing of replacements where necessary) the entire Premises and the interior portions use of the Building premises in any manner that will tend to create waste or a nuisance. If Landlord deems that any repairs are necessary, Landlord may make a written demand that Tenant's make the same forthwith and if the Tenant refuses or neglects to commence such repairs within thirty (excepting only 30) days after such demand, or to complete the interior portions of the Building being leased by other parties) including, without limitationsame with reasonable diligence, the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and any air conditioning system and sprinkler system situated within and/or servicing the Premises, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the Landlord’s roofing subcontractor. In the event that Tenant causes Landlord may make or cause such work repairs to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost made and expense and without notice to Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacements, or maintenance of any item or any type of the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and to be paid for by Tenant. Tenant shall be entitled to recover from Landlord the costs of all repairs made by Tenant to the roof and interior portions of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable responsible to the Tenant for any loss or damage which may occur to Tenant's business by reason thereof except as caused by Landlord's negligence; and if the Landlord makes or causes such amounts unless and until repairs to be made, the other tenant(s) within Tenant shall on demand pay the Building have provided such sums due to LandlordLandlord the cost thereof with legal interest.

Appears in 1 contract

Samples: Wesley Jessen Visioncare Inc

Maintenance by Tenant. Except as provided in Section 6.03, Article 7 (Damage or Destruction) and Article 8 (Condemnation), Tenant shall at keep all times keep portions of the Premises (including structural items within the Premises, nonstructural items and components, systems and equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall include promptly replace such portion of the providing Premises or system or equipment in the Premises, regardless of replacements where necessary) whether the entire benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant will maintain temperature of Premises sufficient to avoid freezing the sprinkler system. Tenant shall maintain a preventive maintenance arrangement involving regular inspection and maintenance of the interior heating, ventilation, and air conditioning system by a licensed contractor approved in advance by the Landlord, unless Landlord maintains such equipment under Section 6.03 above. If any part of the Premises or the Project is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. It is the intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Building (excepting only the interior portions of the Building being leased by other parties) includingProperty which Tenant is obligated to maintain in an attractive, without limitation, the roof, the exterior first-class and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and any air conditioning system and sprinkler system situated within and/or servicing the Premises, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the Landlord’s roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense and without notice to Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacements, or maintenance of any item or any type of the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and to be paid for by Tenant. Tenant shall be entitled to recover from Landlord the costs of all repairs made by Tenant to the roof and interior portions of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due to Landlordfully operative condition.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Home Interiors & Gifts Inc)

Maintenance by Tenant. Tenant shall at all times keep Except for Landlord’s obligations described in good order, condition and repair (which shall include the providing of replacements where necessary) the entire Premises and the interior portions of the Building (excepting only the interior portions of the Building being leased by other parties) including, without limitation, the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only Section 12 above and any air conditioning system and sprinkler system situated within and/or servicing the Premisesjanitorial services provided by Landlord under Section 9 above, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the Landlord’s roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense expense, will keep and maintain the Premises in good, clean, sanitary, neat and operative condition and repair, reasonable wear and tear and damage by fire or casualty loss excepted, which obligations of Tenant will include, without notice limitation, the maintenance, repair and replacement as Landlord determines is reasonably necessary of all: (a) interior surfaces of exterior walls and demising walls; (b) interior walls, moldings, partitions and ceilings; (c) carpeting; (d) non-structural interior components; (e) interior windows, plate glass and doors; (f) kitchen or break-room fixtures, appliances and equipment; and (g) Tenant’s personal property situated in the Premises. Tenant will, subject to the provisions of Section 22 below, also pay or reimburse Landlord for (or, at Tenant’s option, to cause said work and Tenant shall perform) the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacements, repair or maintenance replacement of any item waste or any type of excessive or unreasonable wear and tear to the Premises, other than building structure and any capital improvements thereto, is Premises or the responsibility of the Tenant and to be paid for Complex caused or permitted by Tenant. Any repairs or replacements performed by Tenant pursuant to this Section 13 must be at least equal in quality and workmanship to the original work, and be in accordance with all Laws. Except as expressly provided otherwise in this Lease, at the expiration or early termination of this Lease, Tenant shall be entitled deliver up the Premises to recover from Landlord in as good condition as at the costs of Commencement Date, ordinary wear and tear and damage by fire or casualty loss excepted. Tenant shall at all repairs made by Tenant to times maintain the roof and interior portions of Premises in a manner consistent with Class A office standards in the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due to LandlordMarket Area.

Appears in 1 contract

Samples: Office Lease Agreement (FSP 50 South Tenth Street Corp)

Maintenance by Tenant. Except as otherwise expressly provided in Section 9.1 above, Tenant shall at all times keep the entire Premises and every part thereof including all entrances and vestibules and all slabs, exterior walls, columns, beams, roof and all other structural and non-structural elements, partitions, windows and window frames and moldings, glass, doors, door openers, fixtures including leasehold improvements, equipment and appurtenances thereof (including lighting, heating, electrical, plumbing (including applicable greasetraps), life safety, security systems, duct work, ventilating, air conditioning fixtures and systems, and any other component of the HVAC system within the Premises, and other mechanical equipment and appurtenances) and all other parts of the Premises, and parts of Tenant’s Work not on the Premises, if any, not required herein to be maintained by Landlord, in good order, condition and repair and clean, orderly, sanitary and safe, damage by unavoidable casualty and repairs that are occasioned by the willful misconduct and/or gross negligence of Landlord excepted, (which shall include the providing of replacements where necessary) the entire Premises and the interior portions of the Building (excepting only the interior portions of the Building being leased by other parties) including, without limitationbut not limited to, doing such things as are necessary to cause the roofPremises to comply with applicable laws, the exterior ordinances, rules, regulations and all glass orders of governmental and show window moldings; public bodies and all partitionsagencies, doorssuch as but not limited to OSHA). If replacement of equipment, interior walls, fixtures, equipment fixtures and appurtenances theretothereto is necessary to comply with the prior sentence, including lighting, heating and plumbing fixtures serving the Premises only and any air conditioning system and sprinkler system situated within and/or servicing the Premises, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall includereplace the same with new or completely reconditioned equipment, without limitationfixtures and appurtenances, periodic painting as is reasonably necessaryand repair all damages done in or by such replacement. All cutting Without limiting the foregoing and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the Landlord’s roofing subcontractor. In the event that if applicable, Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the rightshall, at Tenant’s sole cost and expense and without notice at such times as Landlord deems appropriate, utilize Landlord’s designated contractor (so long as its charges are commercially reasonable) to clean any kitchen exhaust systems and ducts on the Premises. All such work shall be performed subject to Landlord’s standards and Tenant shall, following each such cleaning, provide Landlord with photographs and other certificates and receipts satisfactory to Landlord evidencing that such cleaning has been conducted. If Tenant fails to perform Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired ’s obligations hereunder within five (5) days after written demand by Landlord’s roofing subcontractor. All repairs, replacements, or maintenance of any item or any type of the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and to be paid for by Tenant. Tenant shall be entitled to recover from Landlord the costs of all repairs made by Tenant to the roof and interior portions of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord without further notice may, but shall not be liable for any such amounts unless obligated to perform Tenant’s obligations or perform work resulting from Tenant’s acts, actions or omissions and until add the other tenant(s) within cost of the Building have provided such sums same to the next installment of Minimum Monthly Rent due hereunder to Landlordbe repaid in full.

Appears in 1 contract

Samples: Lease (Premier Exhibitions, Inc.)

Maintenance by Tenant. Except as provided in Section 6.03, Article 7 (Damage or Destruction) and Article 8 (Condemnation), Tenant shall at keep all times keep portions of the Premises in good order, condition and repair (which shall include including, but not limited to, interior and exterior painting, systems and equipment, roof (to the providing of replacements where necessary) the entire Premises and the interior portions extent of the Building (excepting only the interior portions preventive maintenance arrangements hereafter required), parking lot lighting and pavement, landscaping and irrigation and signage provided that, except for damage caused by Tenant, Tenant shall not be responsible for replacement of the Building being leased roof or replacement of the parking lot pavement). If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Premises or system or equipment in the Premises, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by other parties) including, without limitationexercise of any options), the roofuseful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the exterior cost which is applicable to the Lease Term (as extended). Tenant will maintain temperature of Premises sufficient to avoid freezing the sprinkler system. Tenant shall maintain preventive maintenance arrangements involving regular inspection and all glass maintenance of the heating, ventilation, and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and any air conditioning system by a licensed contractor, and sprinkler system situated within and/or servicing the Premises, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by a roofing contractor, each reasonably approved in advance by the Landlord’s roofing subcontractor. In If any part of the event that Tenant causes such work to be performed Project is damaged by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense and without notice to any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to cause said work and pay the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractorcost of maintaining or repairing such property. All repairs, replacements, or maintenance of any item or any type of the Premises, other than building structure and any capital improvements thereto, It is the responsibility intention of the Landlord and Tenant and to be paid for by Tenant. that at all times Tenant shall be entitled to recover from Landlord maintain the costs of all repairs made by Tenant to the roof Premises in an attractive, first class, and interior portions of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due to Landlordfully operative condition.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Home Interiors & Gifts Inc)

Maintenance by Tenant. Tenant shall Subject to Landlord’s maintenance and repair obligations set forth in Section 7.1, Tenant, at all times Tenant’s expense, will keep and maintain in good order, condition and repair (which shall include the providing of replacements where necessary) improvements to the entire Premises and every part thereof, including, without limiting the generality of the foregoing, all plumbing, HVAC, electrical and lighting facilities and equipment within the Premises, any intra-Building telephone and network cabling installed to exclusively serve the Premises, whether or not fully contained within the Premises, fixtures, interior portions walls and interior surfaces of exterior walls, ceilings, windows, doors, plate and window glass (except the exterior), moldings, floor covering, water coolers, whether installed or owned by Landlord or Tenant. Tenant will repair all damage or injury to the Building or to fixtures, appurtenances, and equipment of the Building (excepting only the interior portions of the Building being leased caused by other parties) including, without limitation, the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and any air conditioning system and sprinkler system situated within and/or servicing the Premises, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy installation or removal of the Premises shall be performed by the Landlord’s roofing subcontractorits property or resulting from any acts or conduct of Tenant, its employees, contractors, agents, licensees, or invitees. In the event that Tenant causes such work fails to be performed keep and maintain the Premises in good order, condition and repair while this Lease is in effect, and Tenant fails to make necessary maintenance and repairs as soon as commercially reasonable after notice by anyone other than Landlord, then Landlord may, if the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense and without same remains uncured within thirty (30) days after written notice to Tenant, restore the Premises to cause said work such good order and condition and make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s property or business by reason thereof, and Tenant will pay Landlord upon demand as Additional Rent the roof area affected thereby cost of restoring the Premises to such order and condition (and included in such cost will be inspected and/or repaired by an eight percent (8%) fee for overhead and administration). Notwithstanding anything contained herein to the contrary, in the event any necessary maintenance or repair item cannot be completed within thirty (30) days following Landlord’s roofing subcontractor. All repairsnotice to Tenant, replacements, or but Tenant undertakes such maintenance of any item or any type of and repair within such thirty (30) day period and diligently pursues the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and same to be paid for by Tenant. Tenant shall be entitled to recover from Landlord the costs of all repairs made by Tenant to the roof and interior portions of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; howevercompletion, Landlord shall not be liable for any such amounts unless and until have the other tenant(s) within right to restore or repair the Building have Premises as provided such sums due to Landlordherein.

Appears in 1 contract

Samples: Lease Agreement (Sonic Foundry Inc)

Maintenance by Tenant. Subject to Articles 14 and 15, Tenant shall at maintain, repair and keep all times keep parts of the interior of the Leased Premises (which include but are not limited to, interior wall surfaces, doors, door hardware, plumbing, electrical, and mechanical and HVAC equipment which exclusively serve the Leased Premises) in good order, operating condition and repair (which repair, reasonable wear and tear and damage by fire or other casualty excepted. Tenant shall include enter into a service agreement to maintain the providing of replacements where necessary) HVAC system exclusively servicing the entire Leased Premises and provide Landlord with a copy thereof prior to the interior portions Delivery Date. Subject to Tenant’s performance of the Building (excepting only the interior portions of the Building being leased by other parties) includingsuch normal service and upkeep, including without limitation, service contract for routine maintenance, Landlord shall be responsible for any required capital replacement of the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and any air conditioning HVAC system and sprinkler system situated within and/or servicing the Premises, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall include, without limitation, periodic painting its components as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the an Operating Expense at Landlord’s roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense and without notice to Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacements, or maintenance of any item or any type of the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and to be paid for by Tenantexpense. Tenant shall be entitled to recover from Landlord also keep the costs Leased Premises in a clean, sanitary and safe condition in accordance with all directions, rules and regulations of all repairs made by any health officers, building inspectors or other proper officers of the governmental agencies having jurisdiction. Tenant shall permit no injury to the roof Property, Building or Leased Premises, and interior shall, at its own cost and expense, replace with glass of the same quality any damaged or broken glass, including plate glass or other breakable materials used in structural portions of any interior or exterior windows and doors on the Building (excepting those repairs made solely for Leased Premises. In addition, Tenant shall at its own cost and expense, replace any light bulbs, frames, ballasts, and accessory parts thereof on the benefit of Leased Premises that may be broken or damaged during the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due to LandlordLease Term.

Appears in 1 contract

Samples: Lease (One)

Maintenance by Tenant. The Tenant shall shall, at all times times, keep the Leased Premises (including maintenance of exterior entrances, all glass, show window moldings and frames, delivery doors and loading docks) and all partitions, doors, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and equipment, sewer systems and any air-conditioning system exclusively serving the Leased Premises whether located inside or outside the Leased Premises) in good order, condition and repair (including reasonable periodic painting as determined by the Landlord), damage by unavoidable casualty excepted, except for structural portions of the Leased Premises, which shall include be maintained by the providing Landlord. The Tenant further agrees to keep the inside and outside of replacements where necessary) all glass in doors and windows of the entire Leased Premises cleaned; to replace promptly at its own expense with glass of a like kind and quality any plate glass or window glass of the Leased Premises which may become cracked or broken; not to place or maintain any merchandise or other articles on the foot walk adjacent thereto or elsewhere on the exterior thereof; to maintain the Leased Premises in a clean, orderly and sanitary condition and free of insects, rodents, vermin and other pests; not to permit accumulations of garbage, trash, rubbish, litter and other refuse in the Leased Premises and the interior portions immediately adjacent portion of the Building Shopping Center, to remove the same at its own expense, and to keep such refuse in proper containers (excepting only or in trash room maintained by Tenant) on the interior portions exterior of the Building being leased by other parties) including, without limitation, Leased Premises until called for it to be removed; to keep all mechanical apparatus free of vibration and noise which may be transmitted beyond the roof, confines of the exterior Leased Premises; not to cause or permit objectionable odors to emanate or be dispelled from the Leased Premises; to comply with all laws and ordinances and all glass valid rules and show window moldings; and all partitionsregulations of any Federal, doorsstate, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving municipal or public authority having jurisdiction with respect to the Premises only and any air conditioning system and sprinkler system situated within and/or servicing the Leased Premises, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching to conduct its business in the Leased Premises in all respects in a dignified manner in accordance with high standards of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the Landlord’s roofing subcontractorstore operation. In the event that Tenant causes such work the Landlord is required to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense and without notice make repairs: (i) to Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacements, or maintenance of any item or any type of the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and to be paid for by Tenant. Tenant shall be entitled to recover from Landlord the costs of all repairs made by Tenant to the roof and interior structural portions of the Building Leased Premises by reason of Tenant's negligent acts or negligent omissions to act, or (excepting those repairs made solely for ii) to the benefit Common Areas and Facilities of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt Shopping Center by reason of the paid invoices from acts of Tenant; however, its employees or agents, the Landlord shall not be liable for any may add the cost of such amounts unless and until repairs to the other tenant(s) within the Building have provided such sums due to LandlordRent.

Appears in 1 contract

Samples: Lease (Chicago Pizza & Brewery Inc)

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Maintenance by Tenant. Tenant shall Subject to Landlord’s maintenance and repair obligations set forth in Section 7.1, Tenant, at all times Tenant’s expense, will keep and maintain in good order, condition and repair (which shall include the providing of replacements where necessary) improvements to the entire Premises and every part thereof, including, without limiting the generality of the foregoing, lighting facilities and equipment within the Premises, any intra-Building telephone and network cabling installed to exclusively serve the Premises, whether or not fully contained within the Premises, fixtures, interior portions walls and interior surfaces of exterior walls, ceilings, windows, doors, plate and window glass (except the exterior), moldings, floor covering, water coolers, whether installed or owned by Landlord or Tenant. Tenant will repair all damage or injury to the Building or to fixtures, appurtenances, and equipment of the Building (excepting only the interior portions of the Building being leased caused by other parties) including, without limitation, the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and any air conditioning system and sprinkler system situated within and/or servicing the Premises, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy installation or removal of the Premises shall be performed by the Landlord’s roofing subcontractorits property or resulting from any acts or conduct of Tenant, its employees, contractors, agents, licensees, or invitees. In the event that Tenant causes such work fails to be performed keep and maintain the Premises in good order, condition and repair while this Lease is in effect, and Tenant fails to make necessary maintenance and repairs as soon as commercially reasonable after notice by anyone other than Landlord, then Landlord may, if the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense and without same remains uncured within thirty (30) days after written notice to Tenant, restore the Premises to cause said work such good order and condition and make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s property or business by reason thereof, and Tenant will pay Landlord upon demand as Additional Rent the roof area affected thereby cost of restoring the Premises to such order and condition (and included in such cost will be inspected and/or repaired by an eight (8%) percent for overhead and administration fee). Notwithstanding anything contained herein to the contrary, in the event any necessary maintenance and repair cannot be completed within thirty (30) days following Landlord’s roofing subcontractor. All repairsnotice to Tenant, replacements, or but Tenant undertakes such maintenance of any item or any type of the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant repair within such thirty (30) day period and diligently pursues same to be paid for by Tenant. Tenant shall be entitled to recover from Landlord the costs of all repairs made by Tenant to the roof and interior portions of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; howevercompletion, Landlord shall not be liable for any such amounts unless and until have the other tenant(s) within right to restore or repair the Building have Premises as provided such sums due to Landlordherein.

Appears in 1 contract

Samples: Lease Agreement (Sonic Foundry Inc)

Maintenance by Tenant. Except as provided in Paragraph 12.2 below, Tenant shall shall, at all times Tenant's sole cost and expense, keep in good orderthe same condition, condition maintenance and repair as when received on the Commencement Date (which shall include reasonable wear and tear excepted), the providing interior of replacements where necessary) the entire Premises and every part thereof that solely serves the interior portions of the Building (excepting only the interior portions of the Building being leased by other parties) includingPremises, including without limitation, the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior wallsentrances, fixturesvestibules, equipment window casements and appurtenances theretoglass, including lightingshowcases, heating skylights, glazing, plumbing pipes, electrical, wiring and plumbing fixtures serving conduits. Tenant shall also at its sole cost and expense, keep in the Premises only same condition, maintenance and any air conditioning system and sprinkler system situated within and/or servicing repair as when received on the Premises, Commencement Date (reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall include, without limitation, periodic painting as ) package units of heating and air conditioning system if no Central Plant is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of installed (or if such package units are installed to service the Premises in addition to a Central Plant). Damage thereto by fire, earthquake or other casualty, act of God, or the elements shall be performed governed by the Landlord’s roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense and without notice to Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacements, or maintenance of any item or any type of the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and to be paid for by TenantPARAGRAPH 22 below. Tenant shall be entitled to recover from Landlord obtain service contracts for the costs of all repairs made by Tenant to the roof and interior portions maintenance of the Building HV/AC package units and other building systems solely servicing the Premises (excepting those repairs made solely for but not the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Central Plant which Landlord shall endeavor maintain pursuant to collect Paragraph 12.2 below) on at least a quarterly basis. If Tenant does not maintain the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; howeverPremises as required hereunder promptly and adequately, Landlord may, but need not, do so and Tenant shall not be liable for upon demand pay Landlord's cost therefor. Tenant hereby waives all right to make repairs at the expense of Landlord as provided under any such amounts unless law, statute, or ordinance now or hereafter in effect. Subject to PARAGRAPH 22, Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in the same condition as when received, broom clean, ordinary wear and until the other tenant(s) within the Building have provided such sums due to Landlordtear, and Alterations permitted hereunder, excepted.

Appears in 1 contract

Samples: Building Lease Sorrento Research Facility (Alexion Pharmaceuticals Inc)

Maintenance by Tenant. Tenant shall shall, at Tenant’s expense, at all times keep the Premises and appurtenances thereto in good order, condition condition, and repair, clean, sanitary, and safe, including the replacement of equipment, fixtures and all broken glass (with glass of the same size and quality), and shall, in a manner reasonably satisfactory to Landlord, decorate and paint the Premises at least once every five (5) years to maintain at all times a clean and sightly appearance. Tenant shall be responsible for the cleaning and removal of all spider webs and mold, as well as the repair of any cracks or breakage of the windows. If Tenant fails to perform any of its obligations as required within ten (10) days after notification thereof, Landlord may, but shall not be required to, perform and satisfy same with Tenant hereby agreeing to reimburse Landlord, as Additional Rent, for the cost thereof (including any overhead and administrative fees) promptly upon demand which demand shall include reasonable documentation thereof. Tenant shall make any and all additions, improvements, alterations, and repairs to or on the providing of replacements where necessary) the entire Premises and the interior portions of the Building required to accommodate Tenant’s business operation (excepting only the interior portions of the Building being leased by other parties) including, without limitation, the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and modifications to any air conditioning system and fire sprinkler system situated located within and/or servicing the Premises), reasonable that may at any time during the Lease Term be required or recommended by any lawful authorities, insurance underwriters, Inspection Rating Bureaus, or insurance inspectors designated by Landlord. Landlord may, but shall not be obligated to, deal directly with any authorities respecting their requirements for additions, improvements, alterations, or repairs. Landlord’s approval of plans and ordinary wear and tear excepted. Said maintenance by Tenant specifications shall includenot create any responsibility on the part of Landlord for their accuracy, without limitationsufficiency or compliance with applicable laws, periodic painting as is reasonably necessaryrules or regulations. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises such work shall be performed by in a good and workmanlike manner in accordance with the Landlord’s roofing subcontractorrequirements set forth in Section 7.01. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at All Tenant’s sole cost and expense and without notice to Tenant, to cause said work and all such additions, improvements, and alterations thereto shall become the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacements, or maintenance of any item or any type property of the Premises, other than building structure and any capital improvements thereto, is Landlord upon the responsibility expiration or earlier termination of the Tenant and to be paid for by Tenant. Tenant shall be entitled to recover from Landlord the costs of all repairs made by Tenant to the roof and interior portions of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due to Landlordthis Lease.

Appears in 1 contract

Samples: Lease Guaranty (FBC Holding, Inc.)

Maintenance by Tenant. Except for the items specifically set forth in Section 10 as Management’s obligations, neither Management nor Owner shall have any responsibility to repair or maintain any portion of the Premises, such being the sole responsibility of Tenant, and Tenant shall, at Tenant’s expense, keep and maintain all aspects and areas of the Premises in good repair and in a sanitary, clean, and aesthetically pleasing condition. Tenant shall at maintain the Premises in compliance with all times keep in good orderapplicable statutes, condition laws, ordinances, and repair (which shall include the providing regulations. In particular, but not by way of replacements where necessary) the entire Premises and the interior portions of the Building (excepting only the interior portions of the Building being leased by other parties) including, without limitation, Tenant shall keep the roofsinks, the exterior and all glass and show window moldings; and all partitionsfaucets, light fixtures, toilets, doors, locks, hardware carpeting, ceilings, flooring, windows, window coverings, interior walls, fences and fixtures in, or, or about the Premises in good and working condition and repair and shall keep the Premises free from all rubbish and debris. Tenant shall use all fixtures, equipment appliances, and appurtenances thereto, including lighting, heating and plumbing fixtures serving facilities located at the Premises only in a reasonable manner. Tenant shall pay for all damage to the Premises and any air conditioning system repairs and sprinkler system situated within and/or servicing maintenance required due to the use, misuse or negligence of Tenant or Tenant’s guests, agents, invitees, or licensees. Any failure by Tenant to comply with the terms of this Section 11 is a “misuse” of the Premises, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall includepay, without limitationas additional Rent, periodic painting as is reasonably necessary. All cutting immediately upon Management’s request, all of Owner’s and patching Management’s costs and expenses resulting from any damage to the Premises and repairs and maintenance required due to the use, misuse or negligence of the roof area required for any reason whatsoever for Tenant or Tenant’s use and occupancy of guests, agents, invitees, or licensees immediately upon request from Management. If the Premises shall be performed are not kept in the manner required by this Lease, then Management, or its agents, may enter the Landlord’s roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Premises without interference with Tenant’s sole cost and expense and without notice to Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacements, or maintenance of any item or any type possession of the Premises, other than building structure and Management may then place the Premises, as applicable, in the same condition of repair and cleanliness as is necessary to comply with this Section, and Tenant shall pay, as additional Rent, Management’s and Owner’s expenses for such repairs and maintenance, and the amount of such expenses may be offset from the Security Deposit as provided in this Lease. The Premises are equipped with one or more smoke detection devices, and Tenant is responsible for replacing the batteries in those devices and must promptly report to Management any capital improvements theretoproblems with, or maintenance or repairs needed in connection with such devices. In addition, Tenant is solely responsible for the responsibility conduct and safety of all inhabitants, guests, invitees, licensees, and trespasses. Tenant acknowledges and agrees that Management is not responsible for the condition of the Tenant Premises and expressly and unconditionally agrees to be paid release, hold harmless and indemnify Management for by Tenant. Tenant shall be entitled to recover from Landlord the costs any causes of all repairs made by Tenant action arising out of this Lease, related to the roof and interior portions condition of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor Premises or regarding damage or injury to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due to Landlordpersons or property.

Appears in 1 contract

Samples: Residential Lease Agreement (Arrived Homes, LLC)

Maintenance by Tenant. Tenant shall at all times keep in good order, condition and repair (which shall include the providing of replacements where when necessary) the entire Premises Building and Project excepting only the interior portions area demised to Xxxxxxxxxx under the Office Lease. However, if Tenant shall elect to perform such repair and maintenance obligations on behalf of Xxxxxxxxxx, Tenant shall be entitled to receive reimbursement from Xxxxxxxxxx of Xxxxxxxxxx’x Proportionate Share of any maintenance, replacement and/or repair of the Building (excepting only the interior portions of the Building being leased by other parties) and Project, including, without limitation, the exterior and structural portions of the Building, the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and any air conditioning system and sprinkler system situated within and/or servicing system, all parking areas, including paving and striping of the Premisesparking areas, reasonable and ordinary wear and tear excepted. Said maintenance by costs to be reimbursed to Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the Landlord’s roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense and without notice to Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacements, or maintenance of any item or any type portion of the Premises, other than building structure and any capital improvements thereto, is Premises shall be the sole responsibility of the Tenant and to be paid for by Tenant. Tenant shall be entitled to recover from Landlord the costs of all repairs made by Tenant to the roof and interior portions of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due to Landlord.

Appears in 1 contract

Samples: To Lease (Radiation Therapy Services Holdings, Inc.)

Maintenance by Tenant. Unless Landlord has such responsibility as specifically and expressly elsewhere provided in this Lease, Tenant shall agrees at all times keep from and after delivery of possession of the Premises, and at its sole cost and expense, to repair, replace, and maintain in good ordertenantable condition, condition and repair reasonably satisfactory to Landlord (which shall include including reasonably periodic painting as determined by Landlord), the providing of replacements where necessary) the entire Premises and the interior portions every part of the Building (excepting only the interior portions of the Building being leased by other parties) them, including, without limitation, the roofutility lines exclusively serving the Premises, the exterior utility meters, pipes and conduits, all glass and show window moldings; and all partitions, doors, interior walls, fixtures, air conditioning and heating equipment and appurtenances thereto, including lighting, heating and plumbing fixtures exclusively serving the Premises only and other equipment in them, the storefront(s), all signs, locks and closing devices, and all window sashes, casements, or frames, door and door frames, floor coverings, including carpeting, terrazzo, or other special floorings, ceiling and ceiling tile, and all such items of repair, maintenance, replacement, alteration, and improvement or reconstruction as may at any time or from time be required by a governmental agency having jurisdiction. All glass, both exterior and interior, is at the sole risk of Tenant, and any air conditioning system glass broken shall be promptly replaced by Tenant with glass of the same kind, size, and sprinkler system situated within and/or servicing quality, or as required by the then applicable law. Tenant shall maintain the sidewalks, ramps, and exterior areas immediately adjoining the Premises in a clean condition free of snow, ice, dirt, and rubbish and shall not place or permit any objects in those areas without Landlord’s permission. Upon any surrender of the Premises, reasonable Tenant shall redeliver the Premises to Landlord broom clean, in tenantable condition (satisfactory to Landlord) and in a complete state of repair, ordinary wear and tear excepted. Said maintenance If Tenant refuses to perform or neglects its obligations to maintain and repair as required, to the reasonable satisfaction of Landlord as soon as reasonably possible after written demand (except in the case of emergency, where no demand shall be required), Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures, or other property or to Tenant’s business by reason of such repairs, and upon completion of them, Tenant shall includepay Landlord’s costs for making such repairs plus fifteen percent (15%) for overhead, without limitation, periodic painting as is reasonably necessary. All cutting and patching upon presentation of the roof area required xxxx for any reason whatsoever for them. Tenant’s use and occupancy obligations set forth in this Section 10.1 form a material part of the Premises shall be performed consideration for this Lease, and Tenant waives all rights to make repairs at the expense of Landlord as provided by the Landlord’s roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractorany law, Landlord will have the right, at Tenant’s sole cost and expense and without notice to Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacements, statute or maintenance of any item ordinance now or any type of the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and to be paid for by Tenant. Tenant shall be entitled to recover from Landlord the costs of all repairs made by Tenant to the roof and interior portions of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due to Landlordlater in effect.

Appears in 1 contract

Samples: Lease Agreement

Maintenance by Tenant. Tenant shall at all times keep in good order, condition and repair (which shall include tunes maintain the providing of replacements where necessary) the entire Premises and the all floors coverings, ceiling title and grid, interior portions of the Building (excepting only the interior portions of the Building being leased by other parties) includingwalls, without limitation, the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior wallswindows and glass, fixtures, equipment and appurtenances thereto, thereof (including lighting, heating and plumbing fixtures and heating, air conditioning, ventilating, electrical and fire detection and protection systems installed by Landlord or Tenant solely serving the Premises only and any including leaks around ducts, pipes, vents or other parts of the heating, air conditioning system conditioning, ventilating and sprinkler system situated within and/or servicing plumbing systems that solely serve the PremisesPremises which protrude through the roof of the Premises in good order, appearance, condition and repair, reasonable and ordinary wear and tear excepted, including all necessary replacements of any and all of said facilities. Said Anything in the foregoing to the contrary notwithstanding. Landlord shall maintain those portions, if any, of any fire protection systems that jointly serve the Premises and any other leased premises in the Village Center. Should Tenant fail to perform any such maintenance by or to make any such repairs or replacements, then. Landlord may, but shall not be obligated to, perform such maintenance and/or make such repairs and/or replacements for, on behalf of, and at the expense of Tenant, and Tenant shall includebe obligated forthwith within ten (10) days of written demand by Landlord, without limitationto pay to Landlord, periodic painting as is reasonably necessary. All cutting Additional Rent hereunder, all such expenses paid and/or incurred by Landlord, plus ten percent (10%) of such expenses for overhead and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the Landlord’s roofing subcontractorsupervision. In addition to the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense and without notice to Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacements, or maintenance of any item or any type of the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and to be paid for by Tenantforegoing. Tenant shall be entitled to recover from Landlord the costs of all repairs made by Tenant obligated on or prior to the roof Commencement Date to enter into, and interior portions at all time during the Term of the Building (excepting those repairs made solely Lease, to maintain in full force and effect, a HVAC System maintenance and service agreement and a pest control contract, and in each case with a contractor and under a service agreement reasonably acceptable to Landlord, If Tenant shall fail to enter into or to maintain in full force and effect or to pay for such contract and falls to cure the benefit of same within the Tenant and/or Premises) less applicable cure period, then, at Landlord’s option, tenant shall be in default hereunder and Landlord shall have the right in addition, and without prejudice to all other rights and remedies available to Landlord, to contract for such services on Tenant’s Proportionate Share. Landlord shall endeavor behalf and to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable for pay any such amounts unless and until the other tenant(s) within the Building have provided such sums due to maintain such contract in force, and Tenant shall be obligated, forthwith upon demand, to pay to Landlord as Additional Rent the total sum of expenses so incurred by Landlord plus interest thereon from the date of payment at the rate set forth in Section 3.06 hereof. Landlord represents that, to the best of Landlord’s knowledge, as of the Commencement Date, the HVAC System is in good working order and repair. The Tenant shall provide maintenance in connection with the generator, elevator and security system as provided in Article 3.

Appears in 1 contract

Samples: Village Center Lease Agreement (Digital Domain Media Group, Inc.)

Maintenance by Tenant. (a) Tenant shall at all times keep and maintain the entire Leased Premises in good order, condition condition, and repair (which and free of trash and shall include comply with Applicable Laws with respect to the providing manner of replacements where necessary) the entire Premises its use, occupancy and the interior portions enjoyment of the Building Leased Premises. Tenant shall, at its sole cost and expense, maintain, repair, and replace all fixtures, equipment, improvements and systems in the Leased Premises, except for (excepting only the interior portions of the Building being leased by other partiesi) including, without limitation, the roof, downspouts or gutters of the exterior Building, and all glass the Cooling Equipment, if applicable, the maintenance, repair and show window moldingsreplacement of which shall be the responsibility of Landlord pursuant to Section 11.2 hereof; and all partitions(ii) such work necessitated by the failure of Landlord, doorsits agents, interior wallscontractors, fixturesservants or employees to observe and perform Landlord’s obligations under this Lease to maintain, equipment repair and appurtenances theretoreplace the roof, including lightingdownspouts or gutters of the Building, heating and plumbing fixtures serving the Premises only and any air conditioning system and sprinkler system situated within and/or servicing the PremisesCooling Equipment, reasonable and ordinary wear and tear exceptedif applicable, in accordance with Section 11.2 hereof, whether such failure was negligent or intentional. Said maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessarybe responsible for the repair and maintenance of any HVAC system located on the Leased Premises. All cutting Tenant shall be responsible for all operation and patching of the roof area required for any reason whatsoever for Tenant’s use and maintenance costs associated with its occupancy of the Leased Premises except to the extent that such costs are the responsibility of Landlord under this Lease. Notwithstanding anything to the contrary contained in this Lease, it is specifically understood and agreed that Tenant shall be performed by the Landlord’s roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the rightresponsible, at Tenant’s sole cost and expense expense, for trash removal from the Leased Premises, and without notice to Tenantfor the maintenance, to cause said work repair and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairsreplacement (including, replacementsbut not limited to, or maintenance of any item or any type lighting, snow removal and striping) of the parking lot located on the Leased Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and to be paid for by Tenant. Tenant shall be entitled to recover from Landlord the costs of all repairs made by Tenant to the roof and interior portions of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due to Landlord.

Appears in 1 contract

Samples: Option Agreement (Urban Outfitters Inc)

Maintenance by Tenant. Throughout the Term, Tenant shall, at its sole expense, subject to Paragraphs 5(a) and 13(b) hereof, (1) keep and maintain in good order and condition the Premises and Tenant’s Property, (2) keep and maintain in good order and condition as well as repair and replace all of Tenant’s security systems in or about or serving the Premises, (3) maintain and replace all specialty lamps, bulbs, starters and ballasts in the Premises, (4) maintain the regular removal of trash from the Premises by undertaking normal interior cleaning and janitorial services ensuring the good, orderly and sanitary condition of the Premises and Tenant’s property and (5) maintain, repair and replace any heating, ventilating, air conditioning exclusively serving the Premises (the “Premises HVAC”). To the extent any repairs or replacements required to be made by Tenant hereunder constitute a Capital Expenditure, Landlord shall reimburse Tenant, within ten (10) days following demand, a fraction of Tenant’s actual out-of-pocket costs for such Capital Expenditure, the numerator of which shall equal the estimated useful life (in months) of such Capital Expenditure minus the number of months remaining in the Term subsequent to the Capital Expenditure, and the denominator of which shall be the estimated useful life (in months) of such Capital Expenditure. For purposes of this Lease, a “Capital Expenditure” means any expenditure for the acquisition of fixed or capital assets with respect to, or additions to, the Premises (including replacements, capitalized repairs and improvements) which are required to be capitalized under generally accepted accounting principles. Tenant at all times shall keep in good order, condition and repair (which shall include place a maintenance contract for the providing of replacements where necessary) the entire Premises and the interior portions of the Building (excepting only the interior portions of the Building being leased by other parties) including, without limitation, the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and any air conditioning system and sprinkler system situated within and/or servicing the Premises, reasonable and ordinary wear and tear excepted. Said regular maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises HVAC. Landlord shall be performed by the Landlord’s roofing subcontractor. In the event that transfer all Premises HVAC warranties to Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense and without notice to Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacements, or maintenance of any item or any type within thirty (30) days of the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and to be paid for by TenantCommencement Date. Tenant shall be entitled not do nor shall Tenant allow Tenant’s Agents to recover from Landlord the costs of all repairs made by Tenant do anything to cause any damage, deterioration or unsightliness to the roof and interior portions of Premises or the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due to LandlordBuilding.

Appears in 1 contract

Samples: Lease Agreement (INVO Bioscience, Inc.)

Maintenance by Tenant. Tenant shall Except for Landlord's obligations described in Section 12 above and any janitorial services provided by Landlord under Section 9 above, Tenant, at all times Tenant's sole cost and expense, will keep and maintain the Premises in good ordergood, clean, sanitary, neat and fully operative condition and repair repair, reasonable wear and tear and damage by casualty (which shall include the providing be governed by Section 24 hereof) excepted, which obligations of replacements where necessary) the entire Premises and the interior portions of the Building (excepting only the interior portions of the Building being leased by other parties) includingTenant will include, without limitation, the roofmaintenance, the repair and replacement of all: (a) interior surfaces of exterior walls and all glass and show window moldingsdemising walls; and all partitions, doors, (b) interior walls, moldings, partitions and ceilings; (c) carpeting; (d) non-structural interior components; (e) interior windows, plate glass and doors; (f) kitchen or break-room fixtures, equipment appliances and appurtenances theretoequipment; and (g) Tenant's personal property situated in the Premises. Tenant will also pay or reimburse Landlord for (or, at Landlord's option, perform) the repair or replacement of any waste or excessive or unreasonable wear and tear to the Premises or the Complex caused or permitted by Tenant. Any repairs or replacements performed by Tenant pursuant to this section must be at least equal in quality and workmanship to the original work, be in accordance with all Laws and comply with Landlord's sustainability practices, including lightingany third-party rating systems concerning environmental compliance of the Building or Complex, heating and plumbing fixtures serving as the same may change from time to time. At the expiration or early termination of this Lease, Tenant shall deliver up the Premises only and to Landlord in as good condition as at the Commencement Date or the completion of any air conditioning system and sprinkler system situated within and/or servicing the Premises"Alterations" (as defined below) that are not required to be removed or restored by Landlord in accordance with Section 15 hereof, reasonable and in all cases, ordinary wear and tear excepted. Said maintenance and damage by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the Landlord’s roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense and without notice to Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacements, fire or maintenance of any item or any type of the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and to be paid for casualty loss (unless caused by Tenant. Tenant shall be entitled to recover from Landlord the costs of all repairs made by Tenant to the roof ) excepted; it being understood that there are separate Commencement Dates for Phases I and interior portions of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; howeverII, Landlord shall not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due to Landlordrespectively.

Appears in 1 contract

Samples: Office Lease Agreement (FSP Galleria North Corp)

Maintenance by Tenant. Tenant shall shall, at all times its sole expense, (1) --------------------- keep and maintain in good orderorder and condition, condition repair, and repair (which shall include replace the providing Building, and every part thereof, including glass, windows, window frames, skylights, interior and exterior doors and door frames of replacements where necessary) the entire Premises Building, and the interior of the Building, (excepting only those portions of the Building to be maintained, repaired or replaced by Landlord as provided in Paragraph 12(a) above), (excepting only the interior portions of the Building being leased by other parties2) includingkeep and maintain in good order and condition, repair, and replace all utility and plumbing systems, fixtures and equipment, including without limitation, electricity, gas, water, and sewer, located in or on the roofBuilding, the exterior and furnish all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances theretoexpendables, including lightinglight bulbs, heating paper goods and plumbing fixtures serving soaps, used in the Premises only Building, (3) repair all damage to the Building or the Outside Areas occurring during the term of this Lease or the term of the Previous Lease caused by the negligence or willful misconduct of Tenant or its agents, employees, contractors or invitees. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building or the Outside Areas. Landlord agrees prior to the Commencement Date to have the heating, ventilation and any air conditioning system and sprinkler system situated within and/or servicing equipment serving the PremisesBuilding ("HVAC") serviced by a licensed mechanical contractor and brought up to good working order. Thereafter, reasonable Tenant, at its sole cost, shall keep and ordinary wear maintain in good order and tear excepted. Said maintenance by Tenant shall includecondition and repair the HVAC; provided, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall be performed by the Landlord’s roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractorhowever, Landlord will have the right, at Tenant’s its sole cost and expense for a period of ninety (90) days after the Commencement Date shall maintain and without notice make any repairs required to Tenantthe HVAC during said ninety (90) day period. Tenant at its sole cost and expense, shall contract with a licensed mechanical contractor reasonably acceptable to cause said work Landlord to provide a program of preventative maintenance for the HVAC and shall provide Landlord with evidence of such program. If at any time during the Term of this Lease it is determined by a licensed mechanical contractor approved by Landlord that the HVAC or a portion thereof is no longer operational and must be replaced, and the roof area affected thereby to cost of such replacement does not exceed Twelve Hundred Dollars ($1,200.00), then Tenant shall pay the cost of such replacement. If at any time during the Term of this Lease it is determined by a licensed mechanical contractor approved by Landlord that the HVAC or a portion thereof is no longer operational and must be inspected and/or repaired by Landlord’s roofing subcontractor. All repairsreplaced, replacements, or maintenance and the cost of any item or any type such replacement is in excess of Twelve Hundred Dollars ($1,200.00) then Landlord shall pay the cost of such replacement and Tenant shall reimburse Landlord for such costs as follows: the cost of such replacement shall in accordance with generally accepted accounting principles consistently applied be amortized on a monthly basis over the useful life of the Premises, other than building structure replacement together with interest thereon at the rate on ten percent (10%) per annum and any capital improvements thereto, Tenant shall pay to Landlord as Additional Rent hereunder such amortized amount for each month after such replacement is completed until the responsibility earlier of (i) the expiration of the Tenant and to be paid for by Tenant. Tenant shall be entitled to recover from Landlord Term or (ii) the costs of all repairs made by Tenant to the roof and interior portions end of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due to Landlordamortization period.

Appears in 1 contract

Samples: Lease Agreement (Scios Inc)

Maintenance by Tenant. Tenant shall at all times keep the Leased Premises and all partitions, doors, fixtures, equipment and appurtenances thereof (including but not limited to electrical, lighting, HVAC and plumbing equipment, lines and equipment or systems servicing only the Leased Premises), all Tenant Improvements and other alterations made by Tenant and those items set forth on Schedule 3.1 attached hereto in good order, condition and repair (which shall include the providing of replacements where necessary) the entire Premises and the interior portions of the Building (excepting only the interior portions of the Building being leased by other parties) including, without limitation, the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and any air conditioning system and sprinkler system situated within and/or servicing the Premisesrepair, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall includeprovide Landlord with evidence at such times as set forth on Schedule 3.1 and at such other times as may be reasonably requested by Landlord, including to the extent applicable, service contracts, invoices, payment records, preventative maintenance logs and reports and other records reasonably requested by Landlord, to evidence that Tenant is timely performing its obligations in a good and workmanlike manner. Landlord shall be provided with reasonable access to the Leased Premises from time to time to verify Tenant’s compliance with the maintenance, repair and replacement obligations. If Tenant refuses or neglects to repair as required hereunder and to the reasonable satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may access the Leased Premises and may make such repairs without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required liability to Tenant for any reason whatsoever for loss or damage that may accrue to Tenant’s use property or to Tenant’s business by reason thereof and occupancy upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs plus twenty percent (20%) for overhead, upon presentation of a xxxx therefore, as additional rent. When used in this section, the Premises term “repairs” shall include replacements and renewals when necessary and all such repairs shall be performed by equal in quality and class of original work. For the Landlord’s roofing subcontractor. In the event that Tenant causes such work avoidance of doubt, all repairs to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost completed and expense and without notice to Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacements, or maintenance of any item or any type of the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and to be paid for by Tenant. Tenant shall be entitled to recover from Landlord the costs of all repairs made by Tenant to the roof as set forth above and interior portions of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall in Schedule 3.1 will not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due included in Common Area costs pursuant to LandlordSection 5.5.

Appears in 1 contract

Samples: Lease Agreement (Arrowhead Pharmaceuticals, Inc.)

Maintenance by Tenant. Tenant shall at all times keep the Leased Premises and all partitions, doors, fixtures, equipment and appurtenances thereof (including but not limited to electrical, lighting, HVAC, and plumbing equipment, lines and fixtures servicing the Leased Premises) in good order, condition and repair (which shall include the providing of replacements where necessary) the entire Premises and the interior portions of the Building (excepting only the interior portions of the Building being leased by other parties) including, without limitation, the roof, the exterior and all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures serving the Premises only and any air conditioning system and sprinkler system situated within and/or servicing the Premisesrepair, reasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall includeenter into service contracts, reasonably acceptable to Landlord, on all heating, ventilating and air conditioning units, including but not limited to changing filters, checking belts and oiling of units. If Tenant refuses or neglects to repair the property as required hereunder and to the reasonable satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may make such repairs without limitationliability to Tenant for any loss or damage that may accrue to Tenant’s property or to Tenant’s business by reason thereof and upon completion thereof, periodic painting Tenant shall pay Landlord’s reasonable costs for making such repairs plus twenty percent (20%) for overhead, upon presentation of xxxx therefor, as is reasonably necessaryAdditional Rent as per Section 2.2. All cutting When used in this section, the term “repairs” shall include capital repairs, replacements and patching renewals when necessary and all such repairs shall be equal in quality and class of original work. Repairs or replacements under this Section may be considered to be “Capital Repairs” if a) the repair exceeds $5,000 in cost, b) the repair or replacement provides an improvement to the Building for a period of time exceeding the Term of the roof area required for any reason whatsoever for Lease, c) the repair or replacement is not remedying an improvement previously made by Tenant, and d) the repair or replacement is not to improvements or fixtures unique to Tenant’s use business (including, but not limited to, trade fixtures, systems, and occupancy of the Premises shall be performed by the Landlordimprovements unique to Tenant’s roofing subcontractoroperations). In the event that Tenant causes such work to be performed by anyone other than the LandlordFor example, a toilet replacement may qualify as a Capital Repair, however a rooftop exhaust system serving Tenant’s roofing subcontractorfume hoods would not. At Tenant’s request, Landlord will have reimburse Tenant for 100% of the rightactual costs (including reasonable consulting or engineering costs) incurred by Tenant to complete a Capital Repair, at Tenant’s sole cost provided Tenant and expense and without notice Landlord agree, prior to Tenantincurring the expense, to cause said i) the proposed Capital Repair scope of work and its specifications, ii) the roof area affected thereby exact expenditure to be inspected and/or repaired reimbursed by Landlord’s roofing subcontractor. All repairs, replacements, or maintenance iii) the names of any item vendors or any type contractors to be performing the Capital Repair, iv) the anticipated useful life (in years) of the Premisesproposed Capital Repair, other than building structure and any capital improvements thereto, is v) the responsibility annual amount of the exact expenditure supplied by Tenant and to Landlord hereunder to be paid for recovered by TenantLandlord as a CAM Charge. In regard to the foregoing item (v), Landlord and Tenant agree that Landlord shall be entitled to recover from Tenant CAM reimbursements affiliated with Capital Repairs equal to the cost of such Capital Repair amortized over the useful life agreed upon under (iv) above on a straight line basis. For example, in the event the Building is in need of new HVAC units with an agreed upon useful life of 15 years which are not unique to Tenant’s business at a cost of $150,000, then Tenant would pay Landlord $10,000 per year in Additional Rent toward this Capital Repair during the Term of the Lease. Landlord will reimburse Tenant for previously approved Capital Repairs upon the completion of all of the following: a) Tenant’s request for reimbursement, b) Landlord’s inspection of the work and reasonable approval of substantial completion, and c) Tenant’s submission of actual invoices and full and complete lien waivers. For approved Capital Repairs reimbursed by Landlord, Tenant agrees to pay Landlord the costs amortized cost of the Capital Repairs as Additional Rent (defined in Section 2.2) assuming an amortization period equal to the agreed-upon anticipated useful life. Unless otherwise agreed to by the parties hereto, Tenant shall coordinate all Capital Repairs. Tenant shall be solely responsible for all repairs made by Tenant and Capital Repairs required due to the roof and interior portions negligence of the Building (excepting those repairs made solely for the benefit willful misconduct of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; howeverits employees, Landlord shall not be liable for any such amounts unless and until the other tenant(s) within the Building have provided such sums due to Landlordagents, or contractors.

Appears in 1 contract

Samples: Lease Agreement (Exact Sciences Corp)

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