Maintenance Obligations. (a) Landlord shall make repairs or replacements of those items disclosed by the inspection report attached hereto as Exhibit C to the extent such repairs or replacements are necessary. Landlord otherwise shall be under no obligation to rebuild, replace, maintain or make repairs of any nature, structural or otherwise, to the Premises during the term of this Lease or any extension or renewal thereof. Tenant shall, during the term of this Lease, and any extension thereof, maintain the Premises, and, at its own expanse, make all repairs and replacements, or ordinary or extraordinary, structural or otherwise, required to keep the Premises and all heating, air conditioning, plumbing and electrical system and all fixtures and equipment, in good order and repair. All repairs and replacements made by Tenant shall be equal in quality to the original work. Notwithstanding anything herein to the contrary, Landlord shall be responsible, at its sole cost and expense, for compliance with all laws, ordinances, orders, codes and regulations of federal, state, county, and municipal: authorities and with any direction of any public officer or officers, pursuant to law, and with any restrictions of record, which require structural, changes to the Premises. Landlord hereby represents that as of the date hereof ,the roof and all structural components related thereto are not in need of any repairs or replacement and are in good condition. (b) Tenant shall, at its sole cost and expense, maintain all parking areas, driveways and access roadways situated the Premises in good condition and repair and reasonably clear of snow and debris, and shall at its expense adequately illuminate the parking areas and driveways situated on the Premises during business hours. (c) Tenant shall, at its sole east and expense, maintain and keep open, free from obstruction and in good repair, all electric, water, sewer and other utility lines and connections, conduits, pipes, catch basins, manholes, poles, lighting fixtures and other related facilities situated in, under or on the Premises. (d) In the event Tenant should neglect to maintain the Premises, Landlord shall have the right (but not the obligation) to cause repairs or corrections to be made. Any amounts paid by the Landlord for such repairs or corrections shall become immediately due and payable as rent by Tenant to Landlord, together with interest thereon at the Default Rate. Any such payments by Landlord shall not be deemed to be a waiver of any other rights which the Landlord may have under the provisions of this Lease or as provided by law.
Appears in 1 contract
Sources: Lease Agreement (Pc Mall Inc)
Maintenance Obligations. (a) Landlord shall make repairs or replacements maintain and repair the structural portions of those items disclosed by the inspection report attached hereto Building, including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, and elevator cabs (collectively, "Building Structure") and the mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which are not part of the "Tenant Improvements", as Exhibit C to that term is defined in Section 2.1 of the extent such repairs or replacements are necessary. Landlord otherwise shall be under no obligation to rebuild, replace, maintain or make repairs of any nature, structural or otherwise, to Tenant Work Letter (the Premises during the term of this Lease or any extension or renewal thereof"Building Systems"). Tenant shall, during the term of this Leaseat Tenant's own expense, and any extension thereof, maintain keep the Premises, andincluding all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at its Tenant's own expanseexpense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, but need not, make all such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or ordinary or extraordinary, structural or otherwise, required to keep the Premises and all heating, air conditioning, plumbing and electrical system and all fixtures and equipment, in good order and repair. All expenses arising from Landlord's involvement with such repairs and replacements made by Tenant shall be equal in quality to the original work. Notwithstanding anything herein to the contrary, Landlord shall be responsible, at its sole cost and expense, forthwith upon being billed for compliance with all laws, ordinances, orders, codes and regulations of federal, state, county, and municipal: authorities and with any direction of any public officer or officers, pursuant to law, and with any restrictions of record, which require structural, changes to the Premisessame. Landlord hereby represents that as of the date hereof ,the roof and all structural components related thereto are not in need of any repairs or replacement and are in good condition.
(b) Tenant shallmay, at its sole cost and expense, maintain all parking areas, driveways and access roadways situated the Premises in good condition and repair and reasonably clear of snow and debris, and shall at its expense adequately illuminate the parking areas and driveways situated on the Premises during business hours.
(c) Tenant shall, at its sole east and expense, maintain and keep open, free from obstruction and in good repair, all electric, water, sewer and other utility lines and connections, conduits, pipes, catch basins, manholes, poles, lighting fixtures and other related facilities situated in, under or on the Premises.
(d) In the event Tenant should neglect to maintain the Premises, Landlord shall have the right (but not the obligation) to cause repairs or corrections to be made. Any amounts paid by the Landlord for such repairs or corrections shall become immediately due and payable as rent by Tenant to Landlord, together with interest thereon at the Default Rate. Any such payments by Landlord shall not be deemed required to, enter the Premises at all reasonable times to be a waiver of make such repairs, alterations, improvements or additions to the Premises or to the Project or to any other rights which equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may have ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ [MicroSim Corporation] be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the provisions of this Lease California Civil Code or as provided by under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Sources: Office Lease (Orcad Inc)
Maintenance Obligations. (a) Landlord shall make repairs or replacements of those items disclosed by the inspection report attached hereto as Exhibit C to the extent such repairs or replacements are necessary. Landlord otherwise shall be under no obligation to rebuild, replace, maintain or make repairs of any nature, structural or otherwise, to the Premises during the term of this Lease or any extension or renewal thereof. Tenant shall, during the term of this Lease, and any extension thereof, maintain the Premises, and, at its own expanse, make all repairs and replacements, or ordinary or extraordinary, structural or otherwise, required to keep the Premises and all heating, air conditioning, plumbing and electrical system and all fixtures and equipment, in good order and repair. All repairs and replacements made by Tenant shall be equal in quality to the original work. Notwithstanding anything herein to the contrary, Landlord shall be responsible, at its sole cost and expense, for compliance with all laws, ordinances, orders, codes and regulations of federal, state, countyshall maintain (except to the extent janitorial services are supplied by Landlord as set forth in the janitorial specifications in Exhibit "J"), and municipal: authorities and with any direction of any public officer or officers, pursuant to law, and with any restrictions of record, which require structural, changes to the Premises. Landlord hereby represents that as of the date hereof ,the roof and all structural components related thereto are not in need of any repairs or replacement and are in good condition.
(b) Tenant shall, at its sole cost and expense, maintain all parking areas, driveways and access roadways situated the Premises in good condition and repair and reasonably clear of snow and debris, and shall at its expense adequately illuminate the parking areas and driveways situated on the Premises during business hours.
(c) Tenant shall, at its sole east and expense, maintain and keep open, free from obstruction and in good repair, all electricin neat, waterclean, sewer broom-clean and other utility lines good condition, with allowances for reasonable wear and connectionstear ("Good Condition"), conduits, pipes, catch basins, manholes, poles, lighting fixtures and other related facilities situated in, under or on all portions of the Premises.
(d) In , except those portions of the event Premises to be maintained by Landlord as expressly described in Section 7.15(b). Tenant should neglect shall be liable for any damage to the Project resulting from the acts or omissions of Tenant or Tenant's Representatives. If Tenant fails to maintain the PremisesPremises as provided above, then after applicable periods of notice and periods to cure as set forth in Section 12.1(b), Landlord shall have the right (but not the obligation) obligation to cause repairs or corrections to be made. Any amounts paid by maintain the Premises and Tenant shall promptly reimburse Landlord for Landlord's actual cost of such repairs or corrections shall become immediately due and payable as rent by Tenant maintenance.
(b) Subject to LandlordSection 7.15(a), together with interest thereon at the Default Rate. Any such payments by Landlord shall maintain, repair, replace and repaint (i) the structural parts of the Building, which are limited to foundations, bearing and exterior walls (excluding glass doors which are part of Tenant's Premises), subflooring, and roof; (ii) the unexposed electrical, plumbing, sewage systems and mechanical systems, elevators and elevator shafts which are not be deemed part of the Work; (iii) windows and window frames, gutters and downspouts on the Building; (iv) the Tri-Water System and any auxiliary system to be a waiver the Tri-Water System, if any, for the Building; and (v) that portion of any other rights which the Landlord may have Building not included as part of the Premises and the Common Area.
(c) Landlord's failure to perform its obligations set forth in Section 7.15(b) shall not release Tenant of its obligations under this Lease, including without limitation Tenant's obligation to pay Rent. Tenant waives the provisions of this Lease or as provided by lawCalifornia Civil Code Sections 1941 and 1942 with respect to Landlord's obligations for tenantability of the Premises and Tenant's right to make repairs and deduct the expenses of such repairs from rent.
Appears in 1 contract
Maintenance Obligations. LESSOR shall perform all normal maintenance, repairs and replacements necessary to keep in good condition and working order (a) Landlord shall make repairs or replacements of those items disclosed by the inspection report attached hereto as Exhibit C to the extent such repairs or replacements are necessary. Landlord otherwise shall be under no obligation to rebuildroof, replace, maintain or make repairs of any naturefoundation, structural or otherwisecolumns and other structural elements of the Building, to (b) the Premises during the term of this Lease or any extension or renewal thereof. Tenant shallheating, during the term of this Lease, and any extension thereof, maintain the Premises, and, at its own expanse, make all repairs and replacements, or ordinary or extraordinary, structural or otherwise, required to keep the Premises and all heatingventilation, air conditioning, plumbing plumbing, electrical, life safety and electrical system other mechanical systems and equipment servicing the Building or the Common Areas, (c) the parking areas, (d) the driveways and walkways necessary for access to the Building and parking areas, (e) the entrances, lobbies, stairs, passenger elevators and corridors necessary for access to the Leased Premises, (f) the loading docks and freight elevators in the Building, (g) the lavatories on the fourth floor, and (h) the Common Areas, generally. Notwithstanding the foregoing, any damage caused to the building or any of the aforesaid components caused by the careless, malicious, willful, or negligent acts of LESSEE; and chemical, water or corrosion damage on or emanating from the Leased Premises from any source within the control of LESSEE; shall be repaired by LESSOR and specifically and separately assessed as against LESSEE. LESSEE agrees to maintain at its expense all fixtures other elements and equipmentcomponents to the Leased Premises in the same condition as they are at the commencement of the Term or as they may be put in during the Term of this lease, normal wear and tear and damage by fire or casualty or eminent domain only excepted, and whenever necessary, to replace light bulbs (after the first six months of the term), plate glass and other glass therein, acknowledging by acceptance of the delivered Leased Premises as of the Phase I Delivery Date and Phase II Delivery Date that the Leased Premises upon delivery are in good order (except for punchlist items, which are to be completed by LESSOR as contemplated in paragraph 33 hereof), and repairthe light bulbs and glass whole. LESSEE will properly control or vent all solvents, degreasers, and the like and shall not cause the area surrounding the Leased Premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall not permit the Leased Premises to be overloaded, damaged, stripped or defaced, suffer any waste of the Leased Premises. Any maintenance which is the responsibility of LESSOR and which is necessitated by some specific aspect of LESSEE's negligent or reckless use of the Leased Premises shall be at LESSEE's expense, except to the extent LESSOR receives reimbursement for any such costs or expenses from an insurer. All repairs and replacements made maintenance provided by Tenant LESSOR shall be equal in quality performed as reasonably required at LESSOR's reasonable discretion and except for emergencies, during LESSOR's normal business hours. LESSEE may not keep any animals on the Leased Premises without prior written notice to the original workapproval from LESSOR in each instance, which approval may be denied or conditioned in LESSOR's reasonable discretion. Notwithstanding anything herein to the contrary, Landlord LESSEE shall be responsiblesolely responsible for maintenance and operation of any and all of its systems installed by or for the LESSEE or servicing the Leased Premises exclusively, and shall waive any and all claims against LESSOR for any damage, impairment, or loss relative to these systems unless caused by the negligence or willful misconduct of LESSOR, its agents, employees and independent contractors. Specifically, LESSEE shall maintain, at its sole cost and expense, and pay all charges for compliance electrical service (according to section 7 of this Lease) and use of, the following: (a) LESSEE's customized "cold room" or "warm room" (if any) and all equipment associated with all laws, ordinances, orders, codes and regulations of federal, state, countyits operation, and municipal: authorities and with any direction of any public officer or officers, pursuant to law, and with any restrictions of record, which require structural, changes to the Premises. Landlord hereby represents that as of the date hereof ,the roof and all structural components related thereto are not in need of any repairs or replacement and are in good condition.
(b) Tenant shall, at its sole cost and expense, maintain all parking areas, driveways and access roadways situated additional HVAC system (to the Premises in good condition and repair and reasonably clear extent of snow and debris, and shall at its expense adequately illuminate the parking areas and driveways situated on customization of the Premises during business hours.
LESSOR's building standard HVAC system; (c) Tenant shall, at its sole east backflow preventers (other than the Building's standard equipment incorporated in the Building's general plumbing and expense, maintain and keep open, free from obstruction and in good repair, all electric, water, sewer and other utility lines and connections, conduits, pipes, catch basins, manholes, poles, lighting fixtures and other related facilities situated in, under or on the Premises.
life safety systems); (d) In the event Tenant should neglect to maintain the Premises, Landlord shall have the right acid neutralization chip tanks; and (but not the obligatione) to cause repairs or corrections to be made. Any amounts paid by the Landlord for such repairs or corrections shall become immediately due and payable as rent by Tenant to Landlord, together with interest thereon at the Default Rate. Any such payments by Landlord shall not be deemed to be a waiver of any other rights which specialized equipment or mechanical systems serving the Landlord may have under the provisions of this Lease or as provided by lawLeased Premises exclusively.
Appears in 1 contract
Sources: Lease Agreement (Dynagen Inc)
Maintenance Obligations. (ai) Landlord shall make repairs or replacements of those items disclosed by the inspection report attached hereto as Exhibit C to the extent such repairs or replacements are necessary. Landlord otherwise shall be under no obligation to rebuild, replace, maintain or make repairs of any nature, structural or otherwise, to the Premises during the term of this Lease or any extension or renewal thereof. Tenant shall, At all times during the term of this Lease, . Tenant shall (and/or shall cause each Subtenant (by incorporating the following provisions in every Sublease and using all reasonable efforts to enforce the same) to):
(A) not cause any extension waste to or upon the Demised Premises or the Common Elements or any part thereof, maintain nor permit or suffer any waste to or upon the Premises, and, at its own expanseDemised Premises or the Common Elements;
(B) not cause physical damage (other than as part of any Alteration permitted hereunder or as caused by a Casualty or Taking) to the Demised Premises or the Common Elements or any part thereof;
(C) take good care of the Demised Premises and the Common Elements, make all repairs repairs, restorations and replacementsreplacements thereto, or interior and exterior, structural and non-structural, ordinary or and extraordinary, structural or otherwiseforeseen and unforeseen, required necessary to (1) comply with all Legal Requirements, Insurance Requirements and the DUO and (2) maintain and operate the Demised Premises and the Common Elements to a standard at least of that of {first class retail space in} a Class “A” office building (as understood on the date hereof) in midtown Manhattan;
(D) maintain, repair, keep, use and occupy the Demised Premises and the Common Elements in compliance with the DUO;
(E) maintain and keep the Demised Premises and all heatingthe Common Elements, air conditioningand sidewalks and curbs adjacent thereto, plumbing free and electrical system clear from rubbish, dirt, ice and all fixtures snow and equipment, shall not impede the use of or obstruct the same or allow the same to be so impeded or obstructed in any manner;
(F) maintain and keep the sidewalks and vaults adjacent to the Improvements in good order order, repair and repair. All repairs condition (including the prompt repair of cracks therein and replacements made by Tenant the maintenance of an even level thereof) and at all times keep the same in compliance with the DUO and Legal Requirements;
(G) [INTENTIONALLY OMITTED];
(H) operate and maintain the Public Amenity as set forth in the DUO and in Section 30.4 hereof;
(I) prohibit sales through window openings on the streetwall, except in the case of (1) a Subtenant whose business is primarily the operation of a newsstand or ticket sales or (2) the sale of tickets for movies and other attractions, i.e., display windows shall be equal in quality to used for display only and not as a point of sale; and
(J) keep the original work. Notwithstanding anything herein to Demised Premises and the contrary, Landlord shall be responsible, at its sole cost Common Elements free of graffiti and expense, for compliance with all laws, ordinances, orders, codes and regulations of federal, state, county, and municipal: authorities and with any direction of any public officer or officers, pursuant to law, and with any restrictions of record, which require structural, changes to the Premises. Landlord hereby represents that as of the date hereof ,the roof and all structural components related thereto are not in need of any repairs or replacement and are in good conditionposters.
(bii) If Tenant fails to maintain the cleanliness of the sidewalks adjacent to the Improvements at least to the level of cleanliness maintained for the overall area of the Times Square BID, as determined by the Mayor’s Office of Operations Sanitation Scorecard for as long as the same exists, or fails to promptly remove from the Demised Premises or the Common Elements evidence of graffiti and such failure continues for five (5) Business Days after notice to Tenant specifying in reasonable detail such failure and setting forth Landlord’s right to remove same on Tenant’s behalf, Landlord shall, at its sole cost the end of such five (5) Business Day period, be entitled to clean such sidewalks or remove such graffiti or cause the same to be cleaned or removed, as the case may be, at the expense of Tenant. Any and expenseall costs incurred by Landlord in connection therewith shall be paid to Landlord’s contractors or reimbursed to Landlord, maintain all parking areas, driveways and access roadways situated the Premises in good condition and repair and reasonably clear of snow and debrisas Landlord shall request, and shall at its expense adequately illuminate the parking areas and driveways situated on the Premises during business hours.
(c) Tenant shall, at its sole east and expense, maintain and keep open, free from obstruction and in good repair, all electric, water, sewer and other utility lines and connections, conduits, pipes, catch basins, manholes, poles, lighting fixtures and other related facilities situated in, under or on the Premises.
(d) In the event Tenant should neglect to maintain the Premises, Landlord shall have the right (but not the obligation) to cause repairs or corrections to be made. Any amounts paid by the Landlord for such repairs or corrections shall become immediately due and payable as rent by Tenant to Landlord, together with accrue interest thereon at the Default Interest Rate. Any such payments by Landlord shall not be deemed to be a waiver of any other rights which the Landlord may have under the provisions of this Lease or as provided by law, in accordance with Section 15.1 hereof.
Appears in 1 contract
Maintenance Obligations. (ai) Landlord shall make repairs or replacements of those items disclosed by the inspection report attached hereto as Exhibit C to the extent such repairs or replacements are necessary. Landlord otherwise shall be under no obligation to rebuild, replace, maintain or make repairs of any nature, structural or otherwise, to the Premises during the term of this Lease or any extension or renewal thereof. Tenant shall, At all times during the term of this Lease, . Tenant shall (and/or shall cause each Subtenant (by incorporating the following provisions in every Sublease and using all reasonable efforts to enforce the same) to):
(A) not cause any extension waste to or upon the Demised Premises or the Common Elements or any part thereof, maintain nor permit or suffer any waste to or upon the Premises, and, at its own expanseDemised Premises or the Common Elements;
(B) not cause physical damage (other than as part of any Alteration permitted hereunder or as caused by a Casualty or Taking) to the Demised Premises or the Common Elements or any part thereof;
(C) take good care of the Demised Premises and the Common Elements, make all repairs repairs, restorations and replacementsreplacements thereto, or interior and exterior, structural and non-structural, ordinary or and extraordinary, structural or otherwiseforeseen and unforeseen, required necessary to (1) comply with all Legal Requirements, Insurance Requirements and the DUO and (2) maintain and operate the Demised Premises and the Common Elements to a standard at least of that of {first class retail space in} a Class “A” office building (as understood on December 12, 2001) in midtown Manhattan;
(D) maintain, repair, keep, use and occupy the Demised Premises and the Common Elements in compliance with the DUO;
(E) maintain and keep the Demised Premises and all heatingthe Common Elements, air conditioningand sidewalks and curbs adjacent thereto, plumbing free and electrical system clear from rubbish, dirt, ice and all fixtures snow and equipment, shall not impede the use of or obstruct the same or allow the same to be so impeded or obstructed in any manner;
(F) maintain and keep the sidewalks and vaults adjacent to the Improvements in good order order, repair and repair. All repairs condition (including the prompt repair of cracks therein and replacements made by Tenant the maintenance of an even level thereof) and at all times keep the same in compliance with the DUO and Legal Requirements;
(G) [INTENTIONALLY OMITTED];
(H) [INTENTIONALLY OMITTED];
(I) prohibit sales through window openings on the streetwall, except in the case of (1) a Subtenant whose business is primarily the operation of a newsstand or ticket sales or (2) the sale of tickets for movies and other attractions, i.e., display windows shall be equal in quality to used for display only and not as a point of sale; and
(J) keep the original work. Notwithstanding anything herein to Demised Premises and the contrary, Landlord shall be responsible, at its sole cost Common Elements free of graffiti and expense, for compliance with all laws, ordinances, orders, codes and regulations of federal, state, county, and municipal: authorities and with any direction of any public officer or officers, pursuant to law, and with any restrictions of record, which require structural, changes to the Premises. Landlord hereby represents that as of the date hereof ,the roof and all structural components related thereto are not in need of any repairs or replacement and are in good conditionposters.
(bii) If Tenant fails to maintain the cleanliness of the sidewalks adjacent to the Improvements at least to the level of cleanliness maintained for the overall area of the Times Square BID, as determined by the Mayor’s Office of Operations Sanitation Scorecard for as long as the same exists, or fails to promptly remove from the Demised Premises or the Common Elements evidence of graffiti and such failure continues for five (5) Business Days after notice to Tenant specifying in reasonable detail such failure and setting forth Landlord’s right to remove same on Tenant’s behalf, Landlord shall, at its sole cost the end of such five (5) Business Day period, be entitled to clean such sidewalks or remove such graffiti or cause the same to be cleaned or removed, as the case may be, at the expense of Tenant. Any and expenseall costs incurred by Landlord in connection therewith shall be paid to Landlord’s contractors or reimbursed to Landlord, maintain all parking areas, driveways and access roadways situated the Premises in good condition and repair and reasonably clear of snow and debrisas Landlord shall request, and shall at its expense adequately illuminate the parking areas and driveways situated on the Premises during business hours.
(c) Tenant shall, at its sole east and expense, maintain and keep open, free from obstruction and in good repair, all electric, water, sewer and other utility lines and connections, conduits, pipes, catch basins, manholes, poles, lighting fixtures and other related facilities situated in, under or on the Premises.
(d) In the event Tenant should neglect to maintain the Premises, Landlord shall have the right (but not the obligation) to cause repairs or corrections to be made. Any amounts paid by the Landlord for such repairs or corrections shall become immediately due and payable as rent by Tenant to Landlord, together with accrue interest thereon at the Default Interest Rate. Any such payments by Landlord shall not be deemed to be a waiver of any other rights which the Landlord may have under the provisions of this Lease or as provided by law, in accordance with Section 15.1 hereof.
Appears in 1 contract
Maintenance Obligations. LESSOR shall perform all normal maintenance, repairs and replacements necessary to keep in good condition and working order (a) Landlord shall make repairs or replacements of those items disclosed by the inspection report attached hereto as Exhibit C to the extent such repairs or replacements are necessary. Landlord otherwise shall be under no obligation to rebuildroof, replace, maintain or make repairs of any naturefoundation, structural or otherwisecolumns and other structural elements of the Building, to (b) the Premises during the term of this Lease or any extension or renewal thereof. Tenant shallheating, during the term of this Lease, and any extension thereof, maintain the Premises, and, at its own expanse, make all repairs and replacements, or ordinary or extraordinary, structural or otherwise, required to keep the Premises and all heatingventilation, air conditioning, plumbing plumbing, electrical, life safety and electrical system other mechanical systems and equipment serving the Building or the Common Areas, (c) the parking areas, (d) the driveways and walkways necessary for access to the Building and parking areas, (e) the entrances, lobbies, stairs, passenger elevators and corridors necessary for access to the Leased Premises, (f) the loading docks and freight elevators in the Building, (g) the lavatories on the fourth floor, and (h) the Common Areas, generally. Notwithstanding the foregoing, any damage caused to the building or any or the aforesaid components caused by the careless, malicious, willful, or negligent acts of LESSEE; and chemical, water or corrosion damage on or emanating from the Leased Premises from any * = CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. source within the control of LESSEE; shall be repaired by LESSOR and specifically and separately assessed as against LESSEE. LESSEE agrees to maintain at its expense all fixtures other elements and equipmentcomponents of the Leased Premises in the same condition as they are at the commencement of the Term or as they may be put in during the Term of this lease, normal wear and tear and damage by fire or casualty or eminent domain only excepted, and whenever necessary, to replace light bulbs (after the first six months of the term), plate glass and other glass therein (other than building exterior window glass unless damage thereto is caused by LESSEE's willful or negligent acts or omissions); acknowledging by acceptance of the delivered Leased Premises that the Leased Premises upon delivery are in good order (except for punchlist items, which are to be completed by LESSOR as contemplated in paragraph 33 hereof), and repairthe light bulbs and glass whole. LESSEE will properly control or vent all solvents, degreasers, and the like and shall not cause the area surrounding the Leased Premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall not permit the Leased Premises to be overloaded, damaged, stripped or defaced, suffer any waste of the Leased Premises. Any maintenance which is the responsibility of LESSOR and which is necessitated by some specific aspect of LESSEE's negligent or reckless use of the Leased Premises shall be at LESSEE's expense, except to the extent LESSOR receives reimbursement for any such costs or expenses from an insurer. All repairs and replacements made maintenance provided by Tenant LESSOR shall be equal performed as reasonably required at LESSOR's reasonable discretion and except for emergencies, during LESSOR's normal business hours. LESSEE may not keep any animals on the Leased Premises without prior written notice to and approval from LESSOR in quality to the original workeach instance, which approval may be denied or conditioned in LESSOR's reasonable discretion. Notwithstanding anything herein to the contrary, Landlord LESSEE shall be responsiblesolely responsible for maintenance and operation of any and all of its systems installed by or for the LESSEE or servicing the Leased Premises exclusively, and shall waive any and all claims against LESSOR for any damage, impairment, or loss relative to these systems unless caused by the negligence or willful misconduct of LESSOR, its agents, employees and independent contractors. Specifically, LESSEE shall maintain, at its sole cost and expense, and pay all charges for compliance electrical service (according to section 7 of this Lease) and use of, the following: (a) LESSEE's customized "cold room" or "warm room" (if any) and all equipment associated with all laws, ordinances, orders, codes and regulations of federal, state, countyits operation, and municipal: authorities and with any direction of any public officer or officers, pursuant to law, and with any restrictions of record, which require structural, changes to the Premises. Landlord hereby represents that as of the date hereof ,the roof and all structural components related thereto are not in need of any repairs or replacement and are in good condition.
(b) Tenant shall, at its sole cost and expense, maintain all parking areas, driveways and access roadways situated additional HVAC system (to the Premises in good condition and repair and reasonably clear extent of snow and debris, and shall at its expense adequately illuminate the parking areas and driveways situated on customization of the Premises during business hours.
LESSOR's building standard HVAC system); (c) Tenant shall, at its sole east backflow preventers (other than the Building's standard equipment incorporated in the Building's general plumbing and expense, maintain and keep open, free from obstruction and in good repair, all electric, water, sewer and other utility lines and connections, conduits, pipes, catch basins, manholes, poles, lighting fixtures and other related facilities situated in, under or on the Premises.
life safety systems); (d) In the event Tenant should neglect to maintain the Premises, Landlord shall have the right acid neutralization chip tanks; and (but not the obligatione) to cause repairs or corrections to be made. Any amounts paid by the Landlord for such repairs or corrections shall become immediately due and payable as rent by Tenant to Landlord, together with interest thereon at the Default Rate. Any such payments by Landlord shall not be deemed to be a waiver of any other rights which specialized equipment or mechanical systems serving the Landlord may have under the provisions of this Lease or as provided by lawLeased Premises exclusively.
Appears in 1 contract
Maintenance Obligations. (a) Landlord shall make repairs 6.1 Unless is due to or replacements as a result of those items disclosed any willful conduct or negligence by the inspection report attached hereto as Exhibit C to the extent such repairs or replacements are necessary. Landlord otherwise shall be under no obligation to rebuild, replace, maintain or make repairs of any nature, structural or otherwise, to the Premises during the term of this Lease Lessee or any extension of its officer, employee, consultant, worker, agent, contractor, guest or renewal thereof. Tenant shallinvitee (collectively, during the term of this Lease“Personnel”), and any extension thereof, maintain the Premises, and, at its own expanse, make all repairs and replacements, or ordinary or extraordinary, structural or otherwise, required to keep the Premises and all heating, air conditioning, plumbing and electrical system and all fixtures and equipment, in good order and repair. All repairs and replacements made by Tenant shall be equal in quality to the original work. Notwithstanding anything herein to the contrary, Landlord shall be responsibleLessor, at its sole cost and expense, will be responsible for compliance with all laws, ordinances, orders, codes and regulations of federal, state, county, and municipal: authorities and with any direction of any public officer or officers, pursuant to law, and with any restrictions of record, which require structural, changes to the Premisesfollowing:
6.1.1. Landlord hereby represents that as Structural maintenance of the date hereof ,the Building, Building foundations and exterior walls; and
6.1.2. Outside area maintenance, including outside landscaping, parking places, drive aisles to such parking places, roof maintenance and repair; and all other structural components related thereto are not in need aspects of any repairs or replacement and are in good conditionthe Leased Premise.
6.2 If applicable, the Lessee shall give the Lessor written notice of the need for any maintenance or repair for which the Lessor is responsible according to this Article 6.1, after which the Lessor shall have a reasonable opportunity to perform the maintenance or make the repair but in no event more than thirty (b30) Tenant shall, at its sole cost and expense, maintain all parking areas, driveways and access roadways situated the Premises in good condition and repair and reasonably clear of snow and debris, and shall at its expense adequately illuminate the parking areas and driveways situated on the Premises during business hours.
(c) Tenant shall, at its sole east and expense, maintain and keep open, free from obstruction and in good repair, all electric, water, sewer and other utility lines and connections, conduits, pipes, catch basins, manholes, poles, lighting fixtures and other related facilities situated in, under or on the Premises.
(d) days. In the event Tenant should neglect of emergency, and upon notice, written or otherwise, the Lessor shall perform the repair within twenty-four (24) hours after the Lessor’s receipt of such notice. If, within such time periods, the Lessor fails to maintain perform any maintenance or make any repairs for which the PremisesLessor is responsible under this Article 6.1, Landlord the Lessee shall have the right to perform such maintenance or make such repairs, at the Lessor’s expense on a reasonable and necessary basis. The Lessor shall reimburse the Lessee within thirty (but not 30) days after receipt of an invoice from the obligation) to cause repairs or corrections to be made. Any amounts paid Lessee for such actual and reasonable expenses incurred by the Landlord for Lessee in performing such repairs necessary maintenance or corrections shall become immediately due and payable as rent by Tenant to Landlordmaking such repair, together with plus interest thereon at the Default rate of five percent (5%) per annum (the “Interest Rate. Any ”) thirty(30) days after the delivery of invoices to Lessee to the date paid, and if the Lessor fails to do so, the Lessee shall have the right to deduct such payments by Landlord shall not be deemed to be a waiver expenses from the next installment(s) of any other rights which the Landlord may have under the provisions of this Lease or as provided by lawRental coming due hereunder.
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Sources: Lease Agreement (SemiLEDs Corp)