Maintenance. Lessee covenants as follows: a. That Lessee will, at its own expense, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause. b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks. c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause. d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein. e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises. f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Maintenance. Lessee covenants Tenant agrees that the Premises are accepted in their "as-is" condition as follows:
a. That Lessee willdesignated in the checklist specified in Section 6 above. Tenant agrees to keep the Premises, including all buildings, landscaping, yard, lawn, and flower beds, in a neat and clean condition, and upon termination of this Agreement to leave the Premises in as good a condition as at its own expensecommencement, replace reasonable wear and tear excepted. Without limiting the general obligations of Tenant to maintain the Premises, Tenant agrees to: (1) properly dispose of all rubbish, garbage and other organic or flammable waste brought to or generated on the Premises, in a clean and sanitary manner at reasonable and regular intervals and to assume all costs of elimination and/or fumigation of any glass broken on infestation caused during the term of the Agreement; (2) properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances located in the Premises and repairsupplied by the Landlord; (3) not to intentionally or negligently destroy, restoredeface, damage, impair or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by remove any cause.
b. That Lessee shall make all nonstructural repairs to the interior portion of the Premises, including, including but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part facilities, structure, appurtenance, equipment, furniture, furnishings and appliances located thereof or to permit any guest, invitee or any other person to do so; and (4) not to permit any nuisance or to maintain any waste on the Premises. It is understood that if the Premises are destroyed through intentional or malicious acts of the Tenant or any person acting under control of the Tenant, violations may be prosecuted under RCW 9A.48. Upon vacation of the Premises, Landlord shall retain all or any portion of the security deposit as is required to reimburse Landlord for any repairs or restoration of the Premises necessitated to the condition described in the checklist, reasonable wear and tear excepted, and Landlord shall invoice Tenant for any additional amounts expended in said repairs or restoration. The security deposit, less any amount retained, together with an itemized list of any cleaning, repair or restoration charges shall be mailed to Tenant within fourteen (14) days of the termination of this Agreement. In the event no forwarding address is provided by the act or neglect of Tenant, any refunded security deposit, together with any notices concerning the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure condition of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof costs incurred by the Landlord in the cleaning, repair or restoration of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, will be available to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating Tenant upon request to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter Landlord at the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee address designated on the expiration or soonersignature page hereof.
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. Lessee Lessor covenants as follows:
a. That Lessee willand agrees, at its own expenseexpense and without ----------- reimbursement or contribution by Lessee, replace any glass broken on the Premises to keep and maintain in good condition and repair, restoreand replace if necessary, (i) the structural systems of the Building including, without limitation, the roof, roof membrane, roof covering (including interior ceiling if damaged by leakage), load-bearing walls and floor slabs, and masonry walls and foundations, (ii) the exterior and below floor slab portions of the plumbing system, (iii) the below floor slab portions of the electrical system servicing the Building, and all conduits from the public utility transformer poles to the Building and (iv) the underground sprinkler mains. Notwithstanding the foregoing, Lessee shall be responsible to perform repairs to any of the foregoing items which are necessitated solely as a result of the acts, omissions, or replace sole or negligence of Lessee, its agents, contractors, employees, licensees, concessionaires, subtenants, or customers, it being agreed that in the instance of concurrent negligence, Lessor and Lessee shall each bear their proportionate share of the costs of such repairs. In the event the described portions of the Leased Premises become out of repair, and not in good working condition, due to either the failure of Lessor to comply with the terms of this paragraph, or a latent defect, then Lessor shall perform or cause to be performed any and all partitions repairs necessary to restore the Leased Premises to a state of good condition and fixtures that repair. If, following Lessee's delivery to Lessor of written notice of such condition, Lessor fails to prosecute the repairs required hereunder diligently and continuously until completion within thirty (30) days of such notice (provided, in the event such repairs are not susceptible to cure within such thirty (30) day period, then Lessor shall be permitted such time as is reasonably necessary to repair such items so long as Lessor commences such cure within such thirty (30) day period, diligently pursues such cure and, in fact, cures such condition within a reasonable period of time), Lessee may prosecute such repairs itself and, after submitting a final ▇▇▇▇ to the Lessor for such work, Lessor shall pay the ▇▇▇▇ for such repair work within thirty (30) days after the Lessor receives the same. Notwithstanding the foregoing, in the case of a casualty event which creates imminent danger to persons or property, as applicable to a portion of the Leased Premises for which Lessor is obligated to repair, Lessee shall provide Lessor with twenty-four (24) hours prior notice (which notice may be installed oral, but which must be immediately followed by it which are damaged or destroyed written notice) of such event and the need for immediate repairs, and if Lessor fails to respond to Lessee's notice by any cause.
b. That initiating repair work as may be necessary within twenty-four (24) hours after Lessor receives such notice, Lessee shall make have the right to prosecute any and all nonstructural necessary repairs relating to such event, and, Lessor shall pay the ▇▇▇▇ for such repair work within thirty (30) days after the Lessor receives the same. Lessee agrees at its own expense to keep the interior of the Premises, including, but not limited to, repairs Leased Premises and Common Area immediately adjacent to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating front entrance to the maintenance of Building in a clean and occupancy of said Premiseshealthy condition.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Maintenance. Lessee covenants Sublessor will deliver the Premises with all HVAC, electrical, mechanical, plumbing, structural and roof in working order. Provided Sublessee is not in default of the Sublease dated June 14, 2000 and Sublessee has provided to Sublessor proof of a service contract with a qualified professional for the maintenance of the HVAC system, maintenance contract will service existing units and repair or replace those minor items such as follows:
a. That Lessee belts, fans, etc. Sublessor will, after written notice by Sublessee, at its own cost and expense, replace be responsible for any glass broken on major repairs and/or unit replacement of HVAC systems, unless the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which repairs are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs necessary due to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act damage or neglect of the Lessee by Sublessee or its agents. Also, employees or invites other than those resulting Sublessor, after receiving written notice of damage from fireSublessee, casualty or other insurable cause.
d. That Lessee shall make no modifications will at its own costs and expense (except as otherwise stated herein) repair the following damage to any parts the Subleased Premises but none other: damage to the roof and damage to structural portions of the structure Subleased Premises ("structural portions" consist only of the Premises without written approval of Lessor. This shall be deemed foundation and member supporting the roof but exclude, for example, any exterior wall at which there is an entrance to include or exit from the floor slabsSubleased Premises, perimeter all interior partition walls and the roof interior side of building perimeter walls enclosing the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Subleased Premises, including adjoining sidewalks free of rubbishall doors, debrisfloors, moldings, trim, window frames, door frames, closure devices, hardware, plate glass, dock equipment, and also in such condition as truck doors). However, if the Board damage is caused by acts or omissions of Health and Board of Fire Underwriters having authority in such matters may lawfully require Sublessee its agents, employees, customers or invitees, or any burglar, vandal, or other unauthorized entrant, or any other person (with the exception of damage caused by fireSublessor or Lessor themselves) then the Sublessee will bear the cost of such repairs. Tenant Improvement Allowance: Cerprobe to provide Rockford a $30,000.00 tenant improvement allowance. Cerprobe must approve all tenant improvements over $5,000.00 prior to installation or construction. 5 Cancellation Provision: Provided Rockford Corporation is not in default of their Sublease, casualty Rockford may cancel this Sublease at month twenty-four (24) with a six (6) month written notice and a penalty equal to four (4) months rent ($78,000.00). The second cancellation option shall be at month thirty-six (36), with a six (6) month written notice and three (3) months or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premisesrent ($58,000.00).
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Sources: Sublease (Rockford Corp)
Maintenance. Lessee covenants Rail Company shall perform such activities as follows:
a. That Lessee willare set forth in Rail Company’s maintenance management plan, at its own expenseto be provided to and approved by the Authority during the Escrow Term. Improvements shall be maintained by Rail Company in a manner consistent with FRA regulations applicable to FRA Class 6 and AREMA standards. Rail Company shall also otherwise generally keep and maintain the Property, replace any glass broken the portions of the Improvements located on the Premises Property, and repairany other structure erected on the Property by Rail Company, restorein good working order and safe condition and repair at Rail Company’s own expense during the Term of this Agreement, and shall keep the Property free and clear of weeds, brush, and debris of any kind, and of overgrowth of grass, so as to prevent the same becoming unsightly, dangerous, inflammable, or replace all partitions objectionable. Ballast shall be maintained so that it remains within the rail bed and fixtures that may shall be installed by it which are damaged or destroyed by any cause.
b. That Lessee kept reasonably clean and free of grass and debris. Maintenance shall make all nonstructural repairs be accomplished in a manner so as to cause no unreasonable interference with the interior use of the Premises, including, but not limited to, repairs to Airport property. Portions of the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, Property are located in high visibility areas and the doors and locks.
c. That Lessee Authority may wish to retain the maintenance of same. The Matrix, being prepared during the Escrow Term, shall make all repairs and, if necessary the replacement, set forth by station numbers which party is responsible for maintenance of any nature to any part each section of the Premises necessitated by the act Property. The Authority shall have no duty to inspect or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise maintain any of the remedies provided for herein.
e. That Lessee will keep land, Property or Improvements, if any, during the entire Premises, including adjoining sidewalks free Term of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, this Agreement; however, the Authority shall have the right, during upon no less than two (2) business days’ written notice to Rail Company, at the term of this LeaseAuthority’s sole expense, to remove its trade fixtures enter the Property for purposes of inspection, including conducting an environmental assessment if the Authority has reason to believe that a legal violation exists on the Property. In case of emergency or other danger as discussed herein, the Authority may enter the Property pursuant to section 5(g)(iv). Such assessment may include but would not be limited to: surveying, sampling of building materials, soil and mechanical equipment however affixed to the realtygroundwater, monitoring well installations, soil excavation, groundwater remediation, emergency asbestos abatement, operation and maintenance inspections, and Lessee covenants promptly any other action which might be required by applicable law or commercially reasonable industry practice. The Authority’s right of entry shall not obligate inspection of the Property by the Authority, nor shall it relieve Rail Company of its duty to repair maintain the Property. Any such inspection by the Authority shall not affect Rail Company’s use and operation of the Rail Project in any damage caused by any such removal; provided, however, material respect (with it being understood that any such trade fixtures and mechanical equipment, not required it is material for Rail Company to be removed able to operate, maintain and improve the Rail Project in a safe and continuous manner in order to deliver uninterrupted service to its passengers). If proper maintenance has not been performed by Lessor Rail Company and Rail Company does not cure the failure within thirty (30) days of the date of its receipt of notice from the Authority, then the Authority may perform or have others perform such maintenance and charge the reasonable and necessary cost of such maintenance to Rail Company, with it being understood and agreed that the use of the Property for rail purposes (including without limitation train emissions) in accordance with applicable laws shall not require remedial action. Upon notice from the Authority to Rail Company of such charges incurred by the Authority for the performance of maintenance pursuant to this Leasesection, which such charges shall not have been removed by Lessee on become due and payable within thirty (30) days.
9. Paragraph 6(b) under the expiration or soonerparagraph entitled Closing Procedures of the Agreement is deleted in its entirety and replaced with the following:
Appears in 1 contract
Sources: Rail Line Easement Agreement (Virgin Trains USA LLC)
Maintenance. Lessee covenants as follows:
a. That Lessee The Tenant will, at its own their sole expense, replace any glass broken on keep and maintain the Premises Property and repair, restore, or replace all partitions appurtenances in a good and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners sanitary condition and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, repair during the term of this Lease and any renewal of this Lease.
b. The Tenant agrees to provide the Landlord with a minimum of 72 hours of time from the instance of receiving written notice of any issue with the property, to remove its trade fixtures and mechanical equipment however affixed make repairs with the Landlord’s chosen maintenance professionals. Should the Tenant attempt to seek out their own professionals to make repairs to the realtyproperty prior to the termination of the 72 hour grace period, the Tenant agree that they will be solely responsible for the costs of such repairs.
c. Major maintenance and Lessee covenants promptly repair of the Property involving anticipated or actual costs in excess of $100.00 per incident not due to repair the Tenant's misuse, waste, or neglect or that of the Tenant’s employee, family, agent, or visitor, will be the responsibility of the Landlord or the Landlord's assigns.
d. Where the Property has its own sidewalk, entrance, driveway or parking space which is for the exclusive use of the Tenant and its guests, the Tenant will keep the sidewalk, entrance, driveway or parking space clean, tidy and free of objectionable material including dirt, debris, snow and ice.
e. Where the Property has its own garden or grass area which is for the exclusive use of the Tenant and its guests, the Tenant will water, fertilize, weed, cut and otherwise maintain the garden or grass area in a reasonable condition including any damage caused by any such removal; providedtrees or shrubs therein. The Tenant will also perform the following maintenance with respect to the Property: Snow removal in the front walkway, however, that any such trade fixtures including steps and mechanical equipment, not required up to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or soonerdoorway of the home is the Tenant’s responsibility.
Appears in 1 contract
Sources: Master Residential Lease Agreement
Maintenance. Lessee covenants as follows▇▇▇▇▇▇▇▇ agrees to perform any maintenance or structural repairs that are needed to the UNIT. TENANT agrees to keep the UNIT clean, neat and safe. LANDLORD shall act with customary due diligence to:
a. That Lessee willa) keep Common Areas of the PROPERTY (but not the UNIT, which shall be the responsibility of TENANT) reasonably clean;
b) maintain fixtures, furniture, hot water, heating, and A/C equipment;
c) substantially comply with applicable federal, state, and local laws regarding safety, sanitation, and fair housing; and
d) make all reasonable repairs, subject to TENANT’S obligation to pay for damages for which TENANT is liable. LANDLORD may temporarily turn off equipment and/or interrupt utilities to the UNIT and/or the PROPERTY to avoid property damage or to perform work requiring such interruption as determined in LANDLORD’S sole judgment. LANDLORD will not be liable for any inconvenience, discomfort, disruptions or interference with TENANT’S or OCCUPANT’S use of the PROPERTY because LANDLORD is making repairs, alterations or improvements to the UNIT or the PROPERTY. If TENANT or OCCUPANT requests any repairs, and LANDLORD approves such request, the repairs will be done during LANDLORD’S usual working hours unless TENANT or OCCUPANT requests in writing that such repairs be done during other hours and such request is approved by LANDLORD. If LANDLORD approves such request, TENANT will have to pay in advance any additional charges resulting from such request. TENANT agrees to take reasonable steps in order to prevent or minimize the growth of mold and mildew within the UNIT. To prevent or minimize the occurrence and growth of mold in the UNIT, TENANT hereby agrees to the following:
(i) TENANT is responsible for replacing the HVAC filter at its own least four times during the TERM at TENANT’S expense, replace . TENANT may purchase filters from LANDLORD at a cost of $5.00 each.
(ii) TENANT shall (A) remove any glass broken visible moisture accumulation in or on the Premises UNIT, including on walls, windows, floors, ceilings, and repairbathroom fixtures, restore(B) mop up spills and thoroughly dry affected area as soon as possible after occurrence, (C) use exhaust fans in the kitchen and bathroom(s) when necessary, and (D) keep climate and moisture in the UNIT at reasonable levels.
(iii) TENANT shall clean and dust the UNIT regularly, and shall keep the UNIT, particularly the kitchen and bathroom(s), clean and dry.
(iv) TENANT shall promptly notify LANDLORD in writing of the presence of any of the following conditions:
(A) Any water leak, excessive moisture, or replace all partitions and fixtures that may be installed by it which are damaged standing water inside the UNIT or destroyed by any causeCommon Area.
b. That Lessee shall make all nonstructural repairs (B) Mold or mildew growth in or on the UNIT that persists after TENANT has tried to the interior remove it with an appropriate household cleaning solution, such as Lysol or Pine-Sol disinfectants, Tilex Mildew Remover, or Clorox, or a combination of the Premises, including, but not limited to, repairs to the air conditioners water and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locksbleach.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to (C) A malfunction in any part of the Premises necessitated by heating or air-conditioning system in the act UNIT. TENANT shall be liable to LANDLORD for damages sustained to the UNIT or neglect the PROPERTY as a result of TENANT’S failure to comply with the terms of this Paragraph 26, and LANDLORD shall not be liable for any damages sustained to TENANT’S, OCCUPANT’S or TENANT’S Guests’ person or property as a result of any such failure. TENANT is responsible for all pest control, except that LANDLORD shall provide an initial pest control treatment if the need for such treatment is reported to LANDLORD in writing within ten days after move-in. If LANDLORD incurs the cost of pest control in the UNIT or the PROPERTY as a result of the Lessee actions or its agentsinactions of any tenant in the UNIT, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of all tenants in the structure of the Premises without written approval of Lessor. This UNIT shall be deemed to include responsible for the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for hereincost thereof.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. Lessee covenants as follows:
a. That Lessee willAll general building maintenance, at its own expenseincluding HVAC, replace any glass broken on roofing, plumbing, and electrical shall be the Premises and responsibility of the Board. The Board will maintain, repair, restoreand keep in working order, or replace all partitions the HVAC, the roof, existing plumbing, and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs existing lighting and electrical equipment in the gymnasium and office areas at the District’s expense. Prior to the interior City’s use and occupancy of the PremisesFacility, the Board shall address in a reasonable manner all of the maintenance and repair issues which it agreed to address in the Memo attached hereto as Exhibit “B,” including, but not limited to, repairs to repairing the air conditioners lighting in the gymnasium and heating units with storage areas; repairing the windows in the gymnasium; allowing the use of Garden City’s scoreboard or a maintenance contract that is reasonably satisfactory to Lessorsubstitute; repairing the existing outdoor lighting; replacing the missing ceiling tiles in office/storage areas; cleaning and waxing the gym floor; repairing, if necessary, the plumbing and bleachers, toilets, sinks, pole lights, outside hose ▇▇▇▇, outside camera system, electrical fixturesoutlets, and alarm system; adding outside power sources; and the doors grading and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part filling-in of the Premises necessitated walkways with gravel provided by the act or neglect City (collectively the “Special Corrective Work”). The Board will perform the Special Corrective Work as outlined in Exhibit “B” at its sole expense Once all of the Lessee Special Corrective Work has been completed as outlined in Exhibit “B”, any additional repairs or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications which the City deems necessary to any parts of be performed before using and occupying the structure of the Premises without written approval of Lessor. This Facility shall be deemed to include at the floor slabsCity’s sole cost and expense. Upon being inspected by the City, perimeter walls and the roof of retractable goals at the Premises as well as any suspensions from Facility may be replaced by the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also City in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees its sole discretion at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating . Subject to the maintenance provisions of Section 2 herein, the City will not occupy the Facility until the Special Corrective Work is substantially complete and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements satisfactory such that Facility is operational and alterations made by Lessor or by Lessee except as herein providedfit for the City’s intended use thereof, and the Board has generated a punch list for the remaining work consisting of only minor items such as touch-up, adjustments, and minor replacement and installations which shall be completed within thirty (30) days of the date of substantial completion. The City may adjust the basketball goals, use its scoreboard from its Gym, as needed and install and maintain pods or the like for storage at locations approved by the Board. The City will provide custodial service, cleaning and if needed, non-capital maintenance and repairs caused by the City’s use of the Facility beyond ordinary wear and tear. The City will notify the Board of any condition of the Facility that it deems in need of repair or if a dangerous condition is present. The City will ensure that the portion of any Facility it uses and accesses under this Agreement is left in a reasonably clean and orderly condition after use (e.g., sweeping up, cleaning up spills, checking restrooms, removing substantial amounts of collected trash). The City shall not alter modify, alter, improve, demolish, or otherwise materially change any Board property or improvements without the Premises or any part thereof, without in each case the express written consent of Lessor the Board. All general field and ground maintenance shall continue to be performed by the Board’s service provider in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed same manner it currently performs such maintenance at no cost to the realtyCity. Any wear and tear beyond normal shall be the responsibility of the City. Any additional maintenance or improvements on fields used by the City shall be performed by the City. Striping fields will be the responsibility of the City. The Board will not charge the City rent for the uses provided in this Agreement and the City agrees to pay the costs its incurs for providing its own custodial services, cleaning, and Lessee covenants promptly security to repair any damage caused by any accommodate its own use of the Facility. The City will reimburse the Board for exterior field lighting expense and four (4%) percent of the utility ▇▇▇▇▇▇▇▇ applicable to the Facility (e.g., electric, water, sewer, sanitation, stormwater, fire service, stormwater service) within fifteen (15) days of receiving such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner▇▇▇▇▇▇▇▇.
Appears in 1 contract
Sources: Intergovernmental Agreement
Maintenance. Lessee covenants as follows:
a. That Lessee willTenant shall, at its own Tenant’s sole cost and expense, keep and maintain in good condition, order and repair, and replace any glass broken on as and when needed, the Premises and repairevery part thereof, restoreincluding but not limited to any and all structural and non-structural portions of the Building, plumbing, ventilation, heating, life safety, mechanical and electrical systems and equipment in, on or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of serving the Premises, includingwindows, but not limited todoors, repairs storefronts, glass, walls, roofs, ceilings, and all walkways, asphalt, improvements in the parking/yard areas sidewalks, curbs, underground vaults, driveways, utility lines, landscaping, trees, and other items which are on or adjacent to the air conditioners Premises subject to reasonable wear and heating units tear. However, Tenant’s obligation with a maintenance contract that is reasonably satisfactory respect to Lessorthe parking/yard area will be to maintain the same in the same condition and repair as when delivered to Tenant, the plumbing reasonable wear and electrical fixturestear excepted. Tenant, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to performshall contract with service companies approved by Landlord for maintenance and servicing, fully obey in October, January and comply with all ordinancesApril of each year, rules regulations and laws of all public authoritiesHVAC equipment serving the Premises and for regular maintenance of the fire protection (including but not limited to fire extinguishers and firefighting equipment), boards back flow prevention, electrical, life safety panels and officersother equipment serving the Premises and Tenant shall furnish to Landlord copies of such service contracts (specifying the level and details of the service, relating which shall be subject to Landlord’s review and approval) and receipts evidencing regular servicing within ten (10) days after request therefor. Notwithstanding the foregoing to the contrary, if the one 15-ton HVAC unit serving the Premises that it is not being replaced as part of Tenant’s Required Work requires replacement during the Lease Term, (and provided such replacement is not necessitated by (x) Tenant’s failure to perform reasonable periodic maintenance of such item or (y) Tenant’s misuse of such item), Landlord and occupancy of said Premises.
f. That Lessee Tenant shall remove no additionscooperate in good faith to determine the best suitable replacement for such unit; in connection therewith, improvements and alterations made by Lessor or by Lessee except as herein providedthe parties will attempt to identify a substantially similar replacement unit, and neither party shall not alter have the Premises right to require that the capacity, quality or size of such unit be upgraded as a part of such replacement, unless the party requiring such upgrade agrees to bear any part thereofincreased cost associated with the acquisition of an upgraded unit compared to the acquisition of a reasonably similar substitute unit (however, without in each case if applicable law requires an upgrade, Tenant will bear the consent cost of Lessor in writingsuch upgrade as described herein). Lessee shallUpon determining a mutually agreeable replacement unit, Landlord and Tenant shall share the cost of such replacement as follows: 2/3 Landlord 1/3 Tenant (other than any increased cost associated with an upgrade requested by Tenant or Landlord, as described above), provided, however, have that if, as described above, the rightreplacement in question is necessitated by Tenant’s failure to perform reasonable periodic maintenance of the unit or Tenant’s misuse of the unit, during Tenant will be responsible for the term cost of this Leasesuch replacement. Tenant shall meet with Landlord at Landlord’s request on an annual basis or at such other regular interval as may be reasonably established by Landlord for the purpose of discussing Tenant’s operations in and maintenance of the Premises. Tenant shall comply with Landlord’s reasonable requests so as to present an appearance and level of maintenance appropriate for a well maintained commercial building. Tenant further agrees to replace immediately all cracked, to remove its trade fixtures and mechanical equipment damaged or broken glass now or hereafter installed in the Premises, however affixed to the realtycracked, damaged or broken, and Lessee covenants promptly to immediately (within 48 hours) repaint to match and repair any damage caused by graffiti. Maintenance or repair required because of burglary or vandalism shall be the sole responsibility of Tenant. Except in case of an emergency, prior to Tenant’s making any repair, Tenant shall give Landlord written notice that such removalwork will be performed and Landlord shall have the right to reasonably approve or disapprove the plans for such repair. Landlord will respond within ten (10) business days; providedif Landlord fails to timely respond, howeverthe provisions of Paragraph 7.A above regarding Tenant’s right to send a Second Request and Landlord’s deemed approval if Landlord fails to timely respond to such Second Request will apply. In connection with any work performed by or under the direction of Tenant, that Tenant shall procure and deliver to Landlord evidence of worker’s compensation, public liability and property damage insurance, in such amounts as shall be reasonably acceptable to Landlord. Tenant hereby waives all rights under, and the benefits of, Subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code, and under any such trade fixtures and mechanical equipmentsimilar law, not required permitting Tenant to be removed make repairs at the expense of Landlord or to terminate a lease by Lessor pursuant to this Leasereason of the condition of, which shall not have been removed by Lessee on or damage to, the expiration or soonerleased premises.
Appears in 1 contract
Sources: Lease (Colonnade Acquisition Corp.)
Maintenance. Lessee covenants as follows:The Sublessor shall, at Sublessor’s expense, maintain and repair the structural portions of the Subleased Premises, except for repairs or damages caused by instances of Sublessee negligence. The structural parts of the Subleased Premises shall be defined as: building foundations, sidewalks, exterior walls (excluding glass and doors), aircraft parking ramps, automobile parking lot (excluding landscaping), and the roof (to the extent described in Section 12.a below).
a. That Lessee willSublessor represents, and Sublesee hereby acknowledges, that hangar portion of Building 681 was constructed with a “Water Shedding” Roof that is designed to keep the floor space below the roof substantially dry. Consequently and dependent upon rain volume, wind speed, and wind direction, the hangar roof is expected to experience minor leakage. The Sublessor shall maintain and repair the roof to the extent required to ensure that no individual leaks exceed a flow rate of two gallons per hour.
b. Except for the excessive repair and maintenance necessitated solely by Sublessor’s activities, Sublessee shall at its own expenseall times during the Term hereof and until surrender and termination, replace any glass broken on keep and maintain the Subleased Premises in good and substantial order and repair, restore, or replace and shall undertake all partitions necessary repair and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior maintenance of the Subleased Premises, . Sublessee shall be responsible for all operating expenses associated with maintaining the Subleased Premises including, but not limited to, : cleaning; light bulb replacement; procurement of supplies and materials; preventative maintenance; repair; upkeep and emptying of emergency/hazardous spill trench drains and reservoir; signs; furniture and window cleaning; repairs to the air conditioners trade fixtures and/or equipment, doors, ceilings, parking lot lighting; floors; interior and heating units with a maintenance contract that is reasonably satisfactory to Lessorexterior painting, the plumbing and electrical fixtureslandscaping of parking lot, and the doors and locksassociated fees, etc.
c. That Lessee Sublessee shall make at all repairs andtimes during the Term hereof and until surrender and termination, if necessary the replacementperform all required preventative maintenance, of any nature to any part inspection, servicing, and repair of the Subleased Premises necessitated by mechanical, back flow prevention, electrical, lighting, plumbing, and similar systems. Sublessee agrees at Sublessee’s sole cost and expense to contract with a licensed HVAC contractor, and supply copies to Sublessor of service orders or invoices evidencing the act or neglect performance of semi-annual inspections, servicing and preventative maintenance of HVAC equipment. Said semi-annual HVAC service shall be performed in July and January of each year. The aforementioned notwithstanding, the Sublessor covenants to perform all HVAC repairs, including replacement if needed and at Sublessor’s sole discretion, provided Sublessee performs maintenance in accordance with Section 12.c throughout the Term hereof, and Sublessee provides Sublessor with written quotations from its licensed HVAC contractor describing the source and nature of the Lessee repair in question; and if the Sublessor is first given the opportunity to make the repair or its agents, employees contract directly with Sublessor’s vendor of choice to perform the repair or invites other than those resulting from fire, casualty or other insurable causereplacement.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabsSublessee agrees, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its Sublessee’s sole cost and expense, to performprocure and maintain throughout the Term hereof, fully obey and comply supply copies to Sublessor, contracts for the inspection/servicing and maintenance, in accordance with all ordinancesapplicable NFPA and local Fire Department guidance, rules regulations and laws of all public authoritiesfire extinguishing and suppression systems, boards and officers, relating fire alarms and/or smoke detection systems. Sublessee further agrees throughout the Term to supply copies of all life safety related certifications and/or inspection records to the Sublessor within 15 calendar days of completion. The aforementioned notwithstanding, the Sublessor covenants to perform all fire suppression system repairs, provided Sublessee performs maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein providedin accordance with Section 12.d throughout the Term hereof, and shall not alter Sublessee contracts with a Fire Sprinkler contractor approved by the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realtySublessor, and Lessee covenants promptly Sublessee provides Sublessor written quotations from said approved Fire Sprinkler Contractor describing the source and nature of the repair in question; and the Sublessor is first given the opportunity to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on make or contract for the expiration or soonerrepair.
Appears in 1 contract
Sources: Sublease Agreement
Maintenance. Lessee covenants as follows:
a. That Lessee will, at its own expense, replace any glass broken Landlord rented this unit to Inquilino with all the elements in working conditions and tenant will yield Premises in the same working conditions. Tenant assumes the responsibility of replacing all bulbs (USE OF 100WATT BULBS ARE NOT PERMITTED) and small repairs under $50.00 The tenant is responsible for regular change (every 30 days) of HVAC (central airfilter. the size of the hvac air filter per unit is: 10 x 20 x 1 (the additional filters are inside the premises on the Premises and repair, restore, or replace all partitions and fixtures shelf near the suction socket). if determined by the authorized hvac supplier that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs damage to the interior hvac system is due to the negligence of tenant not to maintain the air filter, tenant assumes responsibility for repair of the Premiseshvac system (see para 2, including, but not limited to, repairs to the air conditioners additional rent two). tenant (i) occupying lower level units (apt 1) initials (/ ) and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing (apt 3) initials (/ ) are responsible for keeping and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, keeping clear of any nature debris from front entrance and rear patio drain. damage inside the apartment and/or outside the building due to flood discharge will be evaluated by tenant. 24. interruption of the TERRIATIONs/SERVICES and disasters. in case of interruption or reduction of the gas, electrical, air conditioning refrigeration, heating, water or any other utility or services to provide from landlords, tenant must not contain any rent, nor must rent or any part of it be knocked down, nor landlord will have any liability for tenant due to such interruption or reduction. this includes both acts of god and failures and man-made shortcomings. landlord also assumes no responsibility for cable TV or for direct TV insufficiency, or interruptions and telephone line service and recommends tenant carries "line maintenance insurance" with the Premises necessitated by the act telephone company of choice to cover telephone service failures. in cases where landlord offered services such as high speed internet (wire or neglect wireless) and/or TV(cable TV, direct and similar TV), Landlord may, under no notice in Inquilino, terminate this service(s) without reduction of the Lessee allotted rent. In addition, defects or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additionsdirect TV receiver box, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises remote control or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed component to the realty, and Lessee covenants promptly to repair any damage caused direct TV system that requires professional maintenance or replacement of such component will be supported by any such removal; provided, however, that any such trade fixtures and mechanical equipmentTenant, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or soonerLandlord. 25.
Appears in 1 contract
Sources: Lease Agreement
Maintenance. Lessee covenants Except as follows:
a. That Lessee willotherwise provided in this Section 2, at (A) CCP 29 (or its own expense, replace any glass broken on successor(s) in interest in the Premises fee simple title of Parcel 29) shall maintain and repair the Shared Drainage Facilities lying wholly within Parcel 29 in a clean and safe condition and good state of order and repair, restoreall in a manner substantially similar to the manner in which such facilities are maintained within Countyline Corporate Park and (B) CCP 30 (or its successor(s) in interest in the fee simple title of Parcel 30) shall maintain and repair the Shared Drainage Facilities lying wholly within Parcel 30 in a clean and safe condition and good state of order and repair, all in a manner substantially similar to the manner in which such facilities are maintained within Countyline Corporate Park. In addition to the foregoing, CCP 29 (or its successor(s) in interest in the fee simple title of Parcel 29) shall maintain and repair the Shared Truck Court and the Shared Drainage Facilities within the Shared Drainage Easement Area in a clean and safe condition and good state of order and repair, all in a manner substantially similar to the manner in which such facilities are maintained within Countyline Corporate Park, with it being understood and agreed that following the completion of construction of the buildings on Parcel 29 and Parcel 30, CCP 30 (or its successor(s) in interest in the fee simple title of Parcel 30) shall annually reimburse CCP 29 (or its successor(s) in interest in the fee simple title of Parcel 29) for fifty percent (50%) of the actual maintenance and repair costs incurred by CCP29 with respect to the Shared Truck Court and Shared Drainage Facilities within the Shared Drainage Easement Area, within thirty (30) days following its receipt of a reasonably detailed invoice. CCP 29 (or its successors in interest in the fee simple title of Parcel 29) shall have the right to record a lien (a “Claim of Lien”) upon the Parcel 30 to secure the payment of any and all amounts due and unpaid hereunder. Further, any amount not paid within thirty (30) days after the due date will bear interest from the due date of such installment at the lesser of (a) simple interest rate of eighteen percent (18%) per annum or (b) the maximum interest rate allowable by applicable law. Further, CCP 29 (or its successor(s) in interest in the fee simple title of Parcel 29) may bring an action at law against CCP 30 (or its successor(s) in interest in the fee simple title of Parcel 30), or replace all partitions foreclose the Claim of Lien against Parcel 30, or both. The owner of Parcel 30 may not waive or otherwise escape liability for the amounts due hereunder by non-use of the Shared Truck Court, the Shared Drainage Facilities or abandonment of Parcel 30. Any Claim of ▇▇▇▇ recorded hereunder must include a good and fixtures that sufficient legal description of Parcel 30, the name of the record owner thereof, the amount claimed (which may include interest on the unpaid amount, plus reasonable attorneys’ fees and expenses of collection in connection with the debt secured by said ▇▇▇▇ and late charges). The lien will attach and take priority upon and as of recordation of the Claim of Lien, and continue until fully paid or otherwise satisfied, which Claim of Lien may be installed by it which foreclosed in the same manner as mortgages are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs foreclosed under Florida law. These rights to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, lien and the doors rights to foreclosure and locks.
c. That Lessee shall make sale thereunder will be in addition to and not in substitution for all repairs and, if necessary other rights and remedies which the replacement, owner of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or Parcel 29 and its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls assigns may have hereunder and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premiseslaw, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, a suit to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premisesrecover a money judgment for unpaid amounts.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Sources: Shared Facilities Easement Agreement
Maintenance. Lessee covenants (a) The Allottee hereby agrees and undertakes to enter into a separate Maintenance Agreement as follows:
a. That Lessee will, at its own expense, replace any glass broken on per the Premises and repair, restore, or replace all partitions and fixtures that draft as may be installed provided by it which are damaged or destroyed by any causethe Company.
b. That Lessee shall make all nonstructural repairs (b) The Allottee further agrees and undertakes to pay the interior Maintenance Charges as may be levied by the Maintenance Agency for the upkeep and maintenance of the PremisesGroup Housing Colony/Project/Building, includingits Common Areas, but not limited toutilities, repairs to equipment installed in the air conditioners Building and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any such other facilities forming part of the Premises necessitated Group Housing Colony/Project, after taking possession/deemed possession of the Unit. Further, the Allottee agrees and undertakes to pay in advance, along with the last instalment specified under Payment Plan, advance maintenance charges (AMC) equivalent to Maintenance Charges for a period of two years or as maybe decided by the act or neglect Company / Maintenance Agency at its discretion. Such charges payable by the Allottee will be subject to escalation of such costs and expenses as may be levied by the Maintenance Agency.
(c) In addition to the payment of the Lessee or its agentsAMC to be paid by the Allottee, employees or invites other than those resulting from firethe Allottee agrees and undertakes to pay IFMS, casualty or other insurable causeto be paid by the Allottee, as and when demanded by the Company.
d. That Lessee shall make no modifications (d) The Allottee further undertakes to any parts abide by the terms and conditions of the structure Maintenance Agreement and to pay promptly all such demands, bills, and charges as may be raised by the Maintenance Agency from time to time.
(e) The Allottee agrees that any violation of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof terms of the Premises Maintenance Agreement shall automatically be construed as well as any suspensions from an event of default under the roof structure. A violation terms of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any Agreement. The Allottee hereby conveys his no objection in respect of the remedies provided said Maintenance Agency nominated by the Company for hereinperforming such services.
e. That Lessee will keep (f) Notwithstanding anything contained in this Agreement or the entire PremisesMaintenance Agreement, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with Allottee agrees that the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to Company shall carry out the maintenance of common services and occupancy facilities pertaining to the said Group Housing Colony including the Project and the Company shall handover the responsibility of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made maintenance to the Maintenance Agency from such time as deemed appropriate by Lessor or by Lessee except as herein provided, and shall not alter the Premises Company. The Allottee agrees to permit the Company/Maintenance Agency to enter into the Unit or any part thereof, without after due notice in each writing and during the normal working hours, unless the circumstances warrant otherwise, with a view to carry out the maintenance of common services and facilities and to set right any defect in the Unit or any defects in the Unit above or below the Unit. Any refusal of the Allottee to give such right to entry will be deemed to be a violation of this Agreement and the Company shall be entitled to take such actions as it may deem fit. The Allottee shall pay necessary charges for maintenance of common services and facilities as determined from time to time. It is clarified that the scope of maintenance and upkeep of various common services within the Building/ Project/Group Housing Colony and outside shall be described in detail in the Maintenance Agreement. It is understood by the Allottee that the maintenance and insurance of individual Unit shall always remain the responsibility of the Allottee.
(g) The Allottee agrees and undertakes that in case due to rise in cost of maintenance there is any shortfall in the consent amount of Lessor AMC, then such excess charge shall be paid by the Allottee on actuals as raised in writingthe maintenance bills by the Company/ Maintenance Agency from the date stipulated in the Possession Notice on pro-rata basis irrespective of whether the Allottee is in actual possession of the Unit or not. Lessee shallIn order to secure due performance by the Allottee in payment of the maintenance bills and other charges raised by the Maintenance Agency, howeverthe Allottee agrees to deposit, as per the Schedule of Payment and to always keep deposited with the Company an IFMS, as applicable. In the event the Allottee fails and/or neglects to pay the maintenance ▇▇▇▇, other charges on or before the due date, then in such an event the Allottee shall not be entitled to receive the services being rendered by the Maintenance Agency and in addition thereto the Company shall also have the rightright to adjust unpaid amount against maintenance bills out of the security deposit. The Company shall handover the corpus so collected, during the term after settlement of this Leaseaccounts/ adjustment of outstanding amounts, if any, to remove its trade fixtures the society as and mechanical equipment however affixed when the same is formed.
(h) The Maintenance Charges shall be informed at the time of intimation of possession of the Unit to the realty, Allottee. It is further agreed and Lessee covenants promptly to repair any damage caused acknowledged by any such removal; provided, however, the Allottee that any such trade fixtures and mechanical equipment, not required the Maintenance Charges to be removed paid by Lessor pursuant him in respect of the maintenance services shall be payable by the Allottee as per the bills of the Maintenance Agency as stated hereinabove from the date of offer of handing over of the possession of the Unit by the Company in favour of the Allottee.
(i) The scope of maintenance and general upkeep of various common services within the Building/Project/Group Housing Colony shall broadly include but not be limited to operation and maintenance of generators including diesel, fire-fighting system, garbage disposal and upkeep of Common Areas, water supply, sewerage system, common area lighting. The service outside the Unit but within the Project/Group Housing Colony shall include maintenance of internal roads, pathways, boundary walls/fencing, horticulture, drainage system, street lighting, water supply, general watch, security and such other services within the Project/Group Housing Colony.
(j) In case of the failure of the Allottee to pay the maintenance bills, other charges on or before the due date, the Allottee in addition to permitting the Company to deny him/her the right to avail the maintenance services authorizes the Company to adjust the principal amount of the IFMS against such defaults in the payments of the maintenance bills. If due to such adjustments in the principal amount, the IFMS falls below the agreed sum, the Allottee further undertakes to make good the resultant shortfall within fifteen (15) days of demand by the Company. If the Allottee fails to make good the shortfall as aforesaid on or before its due date, then it shall be treated as an event of default by the Allottee. It is further clarified and agreed and acknowledged by the Allottee that the Company shall always have the right to set off any payment or dues, from the IFMS. It is made specifically clear and it is so agreed by and between the Parties hereto that this Lease, which part of the Agreement relating to the IFMS as stipulated in this clause shall not survive the conveyance of title in favor of the Allottee and the Company shall have been removed by Lessee the first charge/lien on the expiration or soonersaid Unit in respect of such non-payment of shortfall/increases as the case may be.
(k) It is hereby agreed that Company shall be responsible for providing and maintaining the essential services on reasonable charges till the taking over of the maintenance of the Group Housing Colony by the association of allottees and enable the formation of such association of allottees under the Applicable Laws. In the event the aforesaid association is not formed then till the formation of such association, the maintenance charges will be paid by the Allottee from the offer of possession of the Unit. It is also agreed and understood by the Allottee that the association of allottees that maybe formed under the Applicable Laws, shall be for the entire Group Housing Colony including the Project.
Appears in 1 contract
Sources: Apartment Buyer’s Agreement
Maintenance. Lessee covenants as follows:
a. That Lessee will, (a) Tenant shall at its own expense, replace any glass broken on expense make ordinary maintenance and capital repairs and improvements to the Premises Facilities over the Term as provided herein. The words or phrases “maintenance,” “capital repairs,” “improvements,” “capital repairs and repair, restoreimprovements” and similar words or phrases of like import as used herein denote ordinary and necessary maintenance, or replace all partitions ordinary and fixtures that may necessary capital repairs and replacements required to maintain the facilities as First Class Historic Theatres which would be installed by it customarily carried out in buildings of similar age, condition and character. The words or phrases “maintenance,” “capital repairs,” “improvements,” “capital repairs and improvements” and similar words or phrases of like import as used herein shall not be construed to require any initiatives or extraordinary undertakings such as restorations, renovations, alterations or additions. Facilities which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural will used as comparisons in determining the level of maintenance and capital repairs appropriate to the interior Facilities include the historic theater components of the PremisesThe Pittsburgh Cultural Trust, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixturesPlayhouse Square Center in Cleveland, and the doors and locksDenver Center for the Performing Arts (the “First Class Historic Theatres”).
c. That Lessee shall make all repairs and, if necessary (b) Issuer and Tenant will submit to arbitration any dispute arising from an alleged failure on the replacement, of any nature to any part of Tenant to undertake ordinary maintenance and capital repairs and improvements to the Premises necessitated Facilities as provided herein. The Manager and the Guarantor shall be parties to the arbitration. In the event that arbitration results in a determination that the maintenance, capital repairs or improvements to the Facilities must be completed, failure to do so in accordance with such determination will entitle the Issuer to give notice to the Guarantor under the Guaranty and if the Guarantor fails to promptly commence and diligently perform the repairs, the Issuer may immediately draw down the Letter of Credit described in Section 3(b)(iii) of the Guarantee and undertake the required maintenance, capital repairs or improvements to the Facilities, all as more fully set out in the Guaranty and the Guarantor, Manager and City Undertaking and Agreement. Failure by the act or neglect Guarantor to replenish the Letter of Credit, after such drawing, will be an Event of Default hereunder.
(c) Tenant shall at its own expense keep and maintain all portions of each of the Lessee or its agentsFacilities, employees or invites other than those resulting from fireincluding any adjoining sidewalks, casualty or other insurable causein a clean and orderly condition free of accumulation of dirt, rubbish, snow and ice.
d. That Lessee (d) Within six (6) months following the commencement of this Agreement, Tenant shall make no modifications pay for the services of an expert mutually acceptable to any parts Tenant, the Manager and the Issuer, who will complete within nine (9) months days following commencement of this Agreement an identification and review of the structure capital elements of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debrisFacilities, and also propose a schedule (which may include capital elements already identified in Exhibit F) for improvements based on the useful lives for those elements and provide such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating schedule to the maintenance Issuer. Tenant and Manager shall implement the plan and will exercise their best professional judgment as to the precise timing for Tenant to complete the improvements set forth in the schedule. In January of and occupancy of said Premises.
f. That Lessee shall remove no additionseach year, Tenant will submit to the Issuer a report identifying the capital improvements and alterations made by Lessor or by Lessee except as herein providedto the Facilities during the previous twelve (12) months. After consultation with Manager, and shall not alter Tenant will also submit to the Premises or any part thereof, without in Issuer each case the consent of Lessor in writing. Lessee shall, however, have the right, year during the term of this LeaseAgreement, a capital repair and improvement plan for the ensuing year. At five (5) year intervals, Tenant, at its expense, using an expert mutually acceptable to remove its trade fixtures Tenant, Manager and mechanical equipment however affixed Issuer, will update the schedule of capital improvements.
(e) Tenant shall cause Manager to expend such amount, not to exceed $1.5 million, as may be necessary to complete the deferred capital repairs and improvements which are listed on Exhibit F attached (as may be supplemented or modified by the schedule developed in Section 4.06(d) except that the total cost shall in no event exceed $1.5 million). Within 120 days following the completion of the schedule developed in Section 4.06(d) of this Agreement, the Tenant shall cause the Manager to undertake the repairs and improvements in accordance with the schedule and Exhibit F, in good faith. Issuer and Tenant anticipate such repairs and improvements which are scheduled for the first year of the plan are likely to be completed within twelve (12) months of commencement of the work. The actual times of initiation of such repairs and improvements are subject to customary qualifications such as force majeure, unavailability of labor or materials, and scheduling of presentations at the Facilities. However, in all circumstances the repairs set forth in the first year of the schedule shall have been completed by prior to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to start of the third full Broadway Season after execution of this Lease, which shall not have been removed by Lessee on the expiration or soonerAgreement.
Appears in 1 contract
Sources: Lease Agreement
Maintenance. Lessee covenants as follows:
a. That Lessee willPursuant to Wis. Stat. § 704.07, at its own expense, replace any glass broken on Landlord shall keep the structure of the building in which the Premises are located and those portions of the building and equipment under Landlord's control in a reasonable state of repair. Tenant shall maintain the Premises under Tenant's control in a clean manner and in as good of a Landlord, restoreexcept for his negligent acts or omissions, shall not be liable for injury, loss, or replace all partitions damage which Tenant may sustain from the following: (a) theft, burglary, or other criminal acts committed by a third party in or about the premises, (b) delay or interruption in any service from any cause whatsoever, (c) fire, water, rain, frost, snow, gas, odors, or fumes from any source whatsoever, (d) injury or damages caused by bursting or leaking pipes or back up of sewer drains and fixtures that may be installed by it which are damaged pipes, (e) disrepair or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior malfunction of the Premises, includingappliances, but and/or equipment unless Landlord was provided with prior written notice by Tenant of the problem. Tenant holds Landlord harmless from any claims or damages resulting from the acts or omissions of Tenant, Tenant's guests or invitees, and any third parties, including other tenants.
1.22 CRIMINAL ACTIVITY PROHIBITED subsequently improved by Landlord, normal wear and tear excluded. Tenant shall not limited tophysically alter or redecorate the Premises, repairs cause any contractor's lien to attach to the air conditioners and heating units with Premises, commit waste to the Premises or the property of which it is a maintenance contract that is reasonably satisfactory to Lessorpart, or attach or display anything which substantially affects the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part exterior appearance of the Premises necessitated by or the act property in which it is located, unless otherwise allowed under the rules or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee unless Landlord has granted specific written approval. Landlord shall make no modifications keep heating equipment in a safe and operable condition. Whichever party is obligated to any parts of the structure of provide heat for the Premises without written approval they shall maintain a reasonable level of Lessor. This shall be deemed heat to include prevent damage to the floor slabs, perimeter walls Premises and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for hereinbuilding in which it is located.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Sources: Residential Rental Agreement
Maintenance. Lessee covenants as follows▇▇▇▇▇▇▇▇ agrees to do any maintenance or structure repairs that are needed to the UNIT. TENANT agrees to keep the UNIT clean, neat and safe. LANDLORD shall act with customary due diligence to:
a. That Lessee will(a) keep Common Areas of the PROPERTY (but not the UNIT, which shall be the responsibility of TENANT) reasonably clean;
(b) maintain fixtures, furniture, hot water, heating, and A/C equipment;
(c) substantially comply with applicable federal, state, and local laws regarding safety, sanitation, and fair housing; and
(d) make all reasonable repairs, subject to TENANT’S obligation to pay for damages for which TENANT is liable. LANDLORD may temporarily turn off equipment and/or interrupt utilities to the UNIT and/or the PROPERTY to avoid property damage or to perform work requiring such interruption as determined in LANDLORD’S sole judgment. LANDLORD will not be liable for any inconvenience, discomfort, disruptions or interference with TENANT’S use of the PROPERTY because LANDLORD is making repairs, alterations or improvements to the UNIT or the PROPERTY. If TENANT requests any repairs, and LANDLORD approves such request, the repairs will be done during LANDLORD’S usual working hours unless TENANT requests in writing that such repairs be done during other hours and such request is approved by LANDLORD. If LANDLORD approves such request TENANT will have to pay in advance any additional charges resulting from such request. TENANT agrees to take reasonable steps in order to prevent or minimize the growth of mold and mildew within the UNIT. To prevent or minimize the occurrence and growth of mold in the UNIT, TENANT hereby agrees to the following: TENANT is responsible for replacing the HVAC filter at its own least four times during the lease TERM at TENANT’S expense, replace . TENANT may purchase filters from LANDLORD at a cost of $5.00 each. TENANT shall (a) remove any glass broken visible moisture accumulation in or on the Premises UNIT, including on walls, windows, floors, ceilings, and repairbathroom fixtures, restore(b) mop up spills and thoroughly dry affected area as soon as possible after occurrence, (c) use exhaust fans in kitchen and bathroom when necessary, and (d) keep climate and moisture in the UNIT at reasonable levels. TENANT shall clean and dust the UNIT regularly, and shall keep the UNIT, particularly the kitchen and bath, clean and dry. Any water leak, excessive moisture, or replace all partitions standing water inside the UNIT or any Common Areas. Mold or mildew growth in or on the UNIT that persists after TENANT has tried to remove it with an appropriate household cleaning solution, such as Lysol or Pine-Sol disinfectants, Tilex Mildew Remover, or Clorox, or a combination of water and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to bleach. A malfunction in any part of the Premises necessitated by heating, air-conditioning, or system in the act UNIT. TENANT shall be liable to LANDLORD for damages sustained to the UNIT or neglect the PROPERTY as a result of TENANT’S failure to comply with the terms of this section, and LANDLORD shall not be liable for any damages sustained to TENANT’S person or property as a result of any such failure. TENANT is responsible for all pest control, except that LANDLORD shall provide an initial pest control treatment if the need for such treatment is reported to LANDLORD in writing within 10 days after move-in. If LANDLORD incurs the cost of pest control in the UNIT or the PROPERTY as a result of the Lessee actions or its agentsinactions of any tenant in the UNIT, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of all tenants in the structure of the Premises without written approval of Lessor. This UNIT shall be deemed to include responsible for the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for hereincost thereof.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. Lessee covenants The operational employees shall not be respon- sible for the cleaning and general maintenance of the Training Offices and classroom, the Fire Prevention Offices and Administration areas and maintenance of the including the Platoon Chiefs and District Chiefs Offices. The following articles of clothing shall be issued to all employees covered by this Agreement, and such clothing shall be supplied on an “as follows:
a. That Lessee willrequired trial basis” for the duration of this Agreement. Should this system of supply not conform to either party’s satisfaction upon completion of the trial period, at its own expense, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs party can file notice to revert back to the interior previous supply system. Tunics Uniform Pants Uniform Caps Universal Coats Uniform Shirts choice of the Premises, including, but not limited to, repairs sleeve length to be made by employee Fatigue Shirts choice of sleeve length to be made by employee Fatigue Pants Ties The Union is to receive photocopies of all requi- sitions and purchase orders related to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessorabove. This The following turn-out equipment shall be deemed to include the floor slabsre- placed as required, perimeter walls such equipment being; fire helmet, turn-out coat, rubber and the roof thigh boots with steel insoles and toecaps, regulation leather belt with hose spanner, leather mitts with thumb and finger, face ▇▇▇▇▇▇▇ and leather boots. Replacements shall not be unreasonably delayed or withheld. The City agrees that by December all coats will be replaced with new issue of the Premises as well as any suspensions from the roof structurematerial. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee The City further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, that during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required contract all fire helmets will be replaced with a design to be removed approved by Lessor pursuant consultation. The foregoing issue of clothing and turn-out equipment shall be replaced only upon the approval in writing of the Chief Officer of the Department or his representative and provided there is an absence of neg- ligence and that replacements are returned to this Leasestores, which where possible. Non-operational clothing shall not have been removed by Lessee on be supplied as required including the expiration or soonerfollowing: tunic at the discretion of the Fire Chief. pairs of uniform pants universal coat uniform cap shirts, ties There shall be an annual show allowance: Operational force Non-operational force
Appears in 1 contract
Sources: Collective Agreement
Maintenance. Lessee covenants as follows:15.1 Notwithstanding any additional maintenance obligations that may be imposed on the LESSOR in this Lease Agreement;
a. That Lessee will15.1.1 The LESSOR shall keep and maintain the Leased Premises in good order and condition at its own cost to the satisfaction of the LESSEE and, in terms of tender 37-14/15 and the Special Conditions of this agreement;
15.1.2 The LESSOR shall exercise great care to prevent any blockage of sewers, water pipes or drains in, on or used in connection with the Leased Premises and shall remove at his own cost any obstruction or blockage in any sewer, water pipe or drain serving the Leased premises exclusively and, where necessary, repair the sewer, water pipe or drain concerned;
15.1.3 In the event of the LESSOR’s failure to replace or make good or repair any item for which he is responsible in terms of this Lease Agreement and if he remains in default for a period of 7 (seven) days after written notice has been made or given by the LESSOR calling upon him to replace or make good or repair such item, the LESSEE shall be entitled, without prejudice to any other rights, to enter upon the Leased Premises and replace or make good or repair such items at the LESSOR’s cost;
15.1.4 In the event of a burglary or attempted burglary on the Leased Premises, the LESSOR shall at his own cost arrange for the repair of any damage to the Leased Premises caused by such burglary or attempted burglary to the satisfaction of the LESSEE;
15.1.5 In the event of any damage to the Leased Premises (including any Improvement) the LESSEE shall, within 24 (twenty four) hours of it becoming aware of such damage, report such damage to the LESSOR, in order to enable the LESSOR to seek recourse from the relevant insurer.
15.1.6 In the event that any civil and/or electrical maintenance is required to be undertaken at the Leased Premises: the LESSOR shall, at its own expensecost, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it procure such maintenance which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls performed by suitably qualified and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for hereinregistered specialists.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Sources: Lease Agreement
Maintenance. Lessee covenants as follows:
a. That Lessee willLandlord agrees to maintain the roof, at its own expense, replace any glass broken on the Premises foundation and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior exterior walls of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, Property during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair Lease except for any damage caused by the actions of the Tenant. The Landlord also agrees to warrant the HVAC system against repairs with the stipulation that the Tenant keeps an HVAC maintenance contract in place on the system with a licensed HVAC contractor. Said maintenance agreement to cover filter changes, and any such removal; providedother periodic service required. Subject to the foregoing, howeverTenant agrees to maintain the Property in first class condition, that including the interior (air conditioning, electric, and plumbing included) and exterior of the improvements (including any such trade fixtures landscaped areas around the bldg.), and mechanical equipmentthe parking areas at Tenant's expense. NOTE: ON THE ABOVE ITEMS THAT ARE THE RESPONSIBILITY OF THE TENANT, not required to be removed by Lessor pursuant to this THE SCOPE OF "MAINTENANCE" IS TO INCLUDE ROUTINE MAINTENANCE AND ANY REPAIRS MADE NECESSARY BECAUSE OF THE TENANTS USE OR NEGLIGENCE. ANY REPAIRS NECESSARY BECAUSE OF DEFECTIVE CONSTRUCTION OF MATERIALS SHALL BE THE RESPONSIBILITY OF THE LANDLORD. Tenant shall, at the termination of the Lease, which shall not have been removed by Lessee lapse of time or otherwise, surrender the Property in first class condition, ordinary wear and tear excepted. Subject to any lien Landlord may have, Landlord agrees that all trade fixtures, equipment and inventory placed in or on the expiration Property by Tenant shall remain the sole Property of Tenant and Tenant shall have the right to remove the same at the end of the Lease term, provided that the Tenant is not in default of any provisions of this lease agreement. Notwithstanding the foregoing, any Leasehold improvements or soonerfixtures attached to the Property by Tenant shall become Property of the Landlord.
Appears in 1 contract
Sources: Lease (Pods Inc)
Maintenance. Lessee covenants as follows:
a. That Lessee will, at its own expense, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees 6.1 The MVYBA at its sole cost and expenseexpense shall maintain or cause to be maintained, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during through the term of this Leaseagreement, the grounds of the premises and all improvements in their present condition.
6.2 The MVYBA shall, within its reasonable control, keep the premises free of litter, trash paper and other waste generated during its use of the premises and shall dispose of same in accordance with CITY policy. The City Administrator shall have the right to inspect the premises for cleanliness and sanitary conditions at any and all times, and the MVYBA hereby agrees to promptly correct any deficiencies in maintenance of which it is notified in writing by the City Administrator.
6.3 Notwithstanding any contrary provisions herein contained, should the premises be damaged by fire, tornado or other act of God, the CITY shall be under no obligation to rebuild or repair the premises.
6.4 MVYBA will, at the termination of this agreement, return the premises to CITY in a condition satisfactory to the CITY, usual wear, acts of God, or unavoidable accident only accepted.
6.4.1 If MVYBA leaves any property, personal or otherwise, on the premises after the termination or revocation of this agreement, and fails, refuses or neglects, after notice from CITY, to remove same within thirty (30) days after such termination or revocation, CITY, at its trade fixtures option, may treat such property as abandoned, and mechanical equipment however affixed shall have absolute right of disposal over such property. The cost for removal, if any, may be withheld from any deposit remaining in the account of MVYBA. MVYBA hereby waives any and all damages for any loss resulting from disposal of such property.
6.5 The MVYBA will perform an initial cleaning and stocking of all restroom facilities, perform a full dragging and tilling of fields, and make any necessary repairs prior to Opening Day.
6.6 The MVYBA will maintain the facilities in good condition through term agreement, including mowing, weeding, irrigation, and not permit the existence of any public nuisances thereon, or such other threats to the realtypublic health, safety, welfare, and Lessee covenants promptly disruption of regular play.
6.7 MVYBA may not make alterations, improvements, or additions to repair any damage caused by any the Premises without the prior written consent of the City Administrator or his designee. All such removal; providedalterations, howeverimprovements, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which additions shall not have been removed by Lessee on become property of the expiration or soonerCITY upon termination of the license.
Appears in 1 contract
Sources: License Agreement
Maintenance. 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and exterior utility lines to the Building, and the Common Area, and Lessee covenants as follows:and agrees to assume all responsibility of repair and maintenance of the Premises.
a. That 7.2 Upon commencement of the Lease Term, Lessee willshall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its own expensesole cost, replace any glass broken on risk, expense and liability, keep and maintain the Premises in good order and repair, restoreand in compliance with all applicable governmental codes, or replace all partitions ordinances and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That regulations. Lessee shall make also (i) keep all nonstructural repairs to the interior of sewer and utility lines servicing the Premises, including, but not limited towithout limitation, repairs to all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the air conditioners Premises; and heating units with (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance contract that is reasonably satisfactory to Lessorof all heating, the plumbing and electrical fixturesventilating, and air conditioning equipment located in or serving the doors Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in John▇ ▇▇▇ek and locksall such maintenance, repair, replacement and work performed pursuant to this section shall be performed in accordance with such standards.
c. That 7.3 At the expiration or other termination of this Lease, Lessee shall make all repairs andsurrender the Premises (and the keys thereto) in as good condition as when received, if necessary loss by fire or other casualty not the replacement, result of any nature to any part of the Premises necessitated by the act or neglect omission of the Lessee Lessee, or its agentsordinary wear and tear only, employees or invites other than those resulting from fire, casualty or other insurable causeexcepted.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This 7.4 Nothing in this Section 7 shall be deemed to include relieve Lessee from any liability which Lessee may have to Lessor under the floor slabsterms of this Lease or otherwise, perimeter walls and the roof on account of any damage as may be caused to the Premises as well as any suspensions from or the roof structure. A violation Building by the negligence or misconduct of this covenant shall be deemed a default under this Lease entitling Lessor to exercise Lessee or any of the remedies provided for hereinLessee Parties.
e. That Lessee will keep the entire Premises7.5 As used in this Section 7, including adjoining sidewalks free of rubbish, debris"repair and maintenance" shall include repairs and replacements, and also the standard shall be the good, clean and safe condition of a first class business park building in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by firenorth suburban Atlanta, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said PremisesGeorgia.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Sources: Sublease (Towne Services Inc)
Maintenance. Lessee covenants as follows:
a. That Lessee willThe Parking Property Owner shall maintain or cause to be maintained at all times the Parking Property and all entrances, at its own expense, replace any glass broken on the Premises driveways and repair, restore, or replace ramps allowing access thereto in accordance with all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixturesapplicable laws, and the doors and locks.
c. That Lessee Parking Property Owner shall make all repairs and, if necessary the replacement, not erect or permit any obstruction of any nature entrances, driveways, ramps or the other Parking Property so as to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise interfere with any of the remedies provided Permittees rights to use the Easements. The Parking Property Owner shall maintain or cause to be maintained all driveways, parking areas and rights-of-way on the Parking Property in a reasonably good and safe condition and the surfaces thereof shall be maintained in a level and smooth condition with a type of surfacing material originally installed or such substitute as shall in all respects be equal in quality, use and durability. The Parking Property Owner shall be responsible for herein.
e. That Lessee will keep the entire Premisesinstallation, including adjoining sidewalks free placement and maintenance of rubbish(or shall cause the installation, debrisplacement and maintenance of) any reasonably necessary or appropriate directional signs, markers, lines, lighting facilities and striping of such driveways, parking areas or rights-of-way on the Parking Property. If the Parking Property Owner fails to so maintain or cause to be maintained the Parking Property as required under this Agreement, and also such failure continues for 30 days after written notice of such failure from or on behalf of any Permittee or any Mixed-Use Property First Lienholder (such 30 day period to be extended for a commercially reasonable term if the Parking Property Owner has commenced the cure of such failure to maintain and is diligently pursuing the completion thereof) (such time period is hereafter called the “Maintenance Cure Period”), the Mixed-Use Property Owner(s) or any Mixed-Use Property First Lienholder may (but will be under no obligation to) do either (or both) of the following: (a) engage the Frisco Square Property Owner’s Association or any separate property owner’s association that has assumed in such condition as writing all maintenance obligations under this Agreement with respect to the Board of Health Parking Property and Board of Fire Underwriters having authority Parking Area (in such matters may lawfully require with either case, the exception of damage caused by fire“Applicable POA”) in causing to be made any and all needed repairs or maintenance, casualty and/or (b) commence litigation against the Parking Property Owner and/or the party then in control or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to responsible for the maintenance of the Parking Property in a court of competent jurisdiction for specific performance or injunctive relief, together with all such enforcement costs by such suing party. The Parties acknowledge and occupancy of said Premises.
f. That Lessee shall remove no additionsagree that money damages may not provide adequate relief, improvements and alterations made by Lessor or by Lessee except as herein provideda breach hereof would cause irreparable harm to the Mixed-Use Owners, and the Mixed-Use Owners shall not alter the Premises or any part thereofbe entitled to equitable relief, including specific performance and/or injunction, without posting of a bond, in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, addition to remove its trade fixtures all other rights and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or soonerremedies available under applicable law.
Appears in 1 contract
Sources: Loan Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Maintenance. Lessee covenants as follows:
a. That Lessee will, at its own expense, replace any glass broken on Tenant agrees to keep and maintain the Premises and repairthe fixtures and equipment therein in first class, restoreproperly functioning, or replace all partitions safe, orderly and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs sanitary condition, ordinary wear and tear and casualty damage to the interior extent covered by insurance and damage not caused by the fault or negligence of the PremisesTenant excepted, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtureswill suffer no waste or injury thereto, and will at the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part expiration or other termination of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term Term of this Lease, to remove its trade fixtures surrender the same with all improvements in the same order and mechanical equipment however affixed condition in which they were on the Commencement Date, or in such better condition as they may hereafter be put, ordinary wear and tear and casualty damage to the realtyextent covered by insurance and damage not caused by the fault or negligence of the Tenant excepted. Landlord agrees to assign all warranties to Tenant that Landlord receives from contractors or subcontractors providing labor, and Lessee covenants promptly material or equipment for the construction of the Tenant Improvements which are applicable to repair any aspect of the Useable Area of the Premises which Tenant is obliged to maintain pursuant to Section 12; or, if such warranties are nonassignable by Landlord, Landlord agrees to cooperate with Tenant in enforcing such warranties in the event that any damage caused occurs to, or any defect is discovered in, the Premises and which is covered by such warranties. Landlord shall make all necessary repairs to the outer walls, roof, downspouts, gutters and basic structural elements, electrical, plumbing, heating, ventilating and air conditioning system and common areas of the Project. Landlord shall also make all necessary repairs to the portions of the building systems (plumbing, sewage, heating, air conditioning and electrical) providing service jointly to the Premises and other portions of the Project. Tenant shall be responsible for all other portions of the building systems serving the Premises, if due to the negligence or default of Tenants. Notwithstanding anything apparently to the contrary in this Section, any such removal; providedcost of repairs or improvements to the Project, howeverto the Premises or to any common areas which are occasioned by the negligence or default of Tenant, its officers, employees, agents or invitees, or by requirements of law, ordinance or other governmental directive and are occasioned by the Tenant's use and occupancy of the Premises or the installations of Tenant in the Premises shall be paid for by Tenant, as additional rent hereunder, immediately upon billing. Landlord shall comply with all present and future laws, ordinances, rules, regulations or governmental or quasi-governmental directives (including without limitation those requirements of the Occupational Safety and Health Administration that relate to the Premises) regarding the indoor air quality of the Premises or the Project and the maintenance of any such trade fixtures heating, ventilating and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on air conditioning equipment or the expiration system in the Premises or soonerthe Project.
Appears in 1 contract
Sources: Lease Agreement (Enstar Inc)
Maintenance. Lessee covenants 9.1.1. Except only for maintenance and repairs to be performed or made by Landlord as follows:
a. That Lessee willexpressly provided in this Section, and ordinary wear and tear (provided good maintenance practices are employed, but this exception shall not excuse Tenant from any obligation hereunder to make necessary repairs or replacements), the Tenant shall keep and maintain the Premises in a neat, clean and sanitary condition and in good order, repair, and condition (and shall make any necessary replacements), including the maintenance and repair of all of the following, even if otherwise excluded from the Premises pursuant to Section 2.2: any improvements constructed or installed by Tenant; all electrical, plumbing, gas, HVAC, sewage and other utility facilities and equipment exclusively serving the Premises; interior walls, floors, and ceilings; sprinklers, fixtures, signs (if and where permitted) and all interior building appliances and similar equipment; and the exterior and interior portions of all windows, window frames, doors, door frames, and all other glass or plateglass thereon or therein. Tenant shall also be responsible for the cost of repairs to the Building (including the Common Facilities and the Premises) and the Property caused by any act or negligence of Tenant or Tenant's Agents, including damage to the roof, foundations and exterior walls of the Building and Premises or to the utilities servicing the Building and the Premises; and if such repairs are required, Landlord may demand that Tenant make the same forthwith, at its own sole cost or expense, replace or Landlord may cause such repairs to be made and the cost of same shall be paid by Tenant, as additional rent, promptly upon demand therefor.
9.1.2. The Landlord shall, promptly after receipt of written notice from the Tenant, make any glass broken on necessary repairs (or replacement) to the Premises roof, foundations, exterior walls and repairstructural components of the Building ("Structural Repairs"); provided Landlord shall not be responsible repairs required by reason of any act or negligence by the Tenant or Tenant's Agents.
9.1.3. Landlord shall maintain the Common Facilities in at least as good order and repair as same are now in, restore, or replace all partitions except for repairs and fixtures that may be installed by it which are damaged or destroyed maintenance made necessary by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect negligence or default of the Lessee Tenant or its agentsTenant's Agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This in which case such repairs and maintenance (and/or replacement) shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused made by fire, casualty or other insurable cause. Lessee further agrees Tenant at its sole cost and expense, or Landlord may cause such repairs to performbe made and the cost of same shall be paid by Tenant, fully obey and comply with all ordinancesas additional rent, rules regulations and laws of all public authorities, boards and officers, relating promptly upon demand therefor. The Common Facilities shall be subject to the maintenance exclusive control and management of and occupancy of said Premises.
f. That Lessee the Landlord who shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Leasewithout limitation, to remove its trade fixtures and mechanical equipment however affixed in addition to the realtyprevious provisions hereof: to police the same; to change the area, level, location and Lessee covenants promptly arrangement of Common Facilities, provided same does not impair Tenant's reasonable use of the Premises; to repair close all or any damage caused portion of said areas or facilities to such extent as may be legally sufficient to prevent a dedication thereof or the accrual of any right to any person or the public therein; and to close temporarily all or any portion of the parking areas (if any) to discourage noncustomer parking and for the reasonable stockpiling of snow. The Landlord shall operate the Common Facilities in such manner as the Landlord in its reasonable discretion shall determine.
9.1.4. Except as specifically provided in subsections 9.1.2 and 9.1.3 above, Landlord shall not be responsible for any maintenance or repairs to the Premises, the Building or the Property.
9.1.5. All costs incurred by any such removal; providedLandlord in performing its obligations under this Section 9.1 shall be included as a part of the Operating Costs, howeverexcept for Structural Repairs, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, the costs of which shall be borne by Landlord and shall not have been removed by Lessee on be included as part of the expiration or soonerOperating Costs.
Appears in 1 contract
Maintenance. Lessee covenants as follows:
a. That Lessee will(a) As used herein, at its own expense, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs term “Maintenance” refers to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract work that is reasonably satisfactory necessary to Lessormaintain ▇▇▇▇▇▇▇ Shores Lane and the Easement Corridor in a safe and passable condition for reasonably foreseeable uses by pedestrians and vehicles, subject to the provisions of Subsection 6(d) and Section 7 below. Within the parameters of the foregoing definition, Maintenance may include, without limitation, construction or installation of new improvements, maintenance and/or repairs of existing improvements and/or general maintenance of and/or improvements to the land comprising the Easement Corridor.
(b) All Maintenance and other work shall be performed and completed in a good and workmanlike manner and as expeditiously as possible in accordance with good construction practice, taking all reasonable measures to prevent injury to person or damage to property. All Maintenance and other work shall be performed in a manner that minimizes, to the extent possible, the plumbing disruption of the use of ▇▇▇▇▇▇▇ Shores Lane and/or the Improvements in the Easement Corridor for the purposes described herein. All Maintenance and electrical fixturesother work shall include the restoration of surrounding areas disturbed or affected by the maintenance, including grading and seeding and the doors removal and locksproper disposal of unused materials and displaced trees and brush. The private driveways of the Owners are not covered by this agreement and shall be the sole responsibility of each Owner.
c. That Lessee (c) The costs of any Maintenance shall make all repairs andbe shared by the Owners of Tracts 1-8 as provided herein. The Owner(s) of each of the Tracts 1-8 shall be responsible for a share of the costs of any Maintenance equal to the total amount of such costs multiplied by the total number of the tracts owned by such Owner at the time the work is performed and divided by 8. Notwithstanding the foregoing, if necessary an Owner or such Owner's agent, contractor or invitee negligently or intentionally damages the replacementImprovements, then such Owner shall be required to repair such damage at his or her sole cost.
(d) Notwithstanding the foregoing provisions, the Owners of a majority of Tracts 1-8 may agree in writing that any particular work or proposed work does or does not constitute Maintenance and any such agreement shall be conclusive and binding on all parties (subject to the provisions of Section 7 below). In the absence of such an agreement, the buyer(s)/owner(s) of any nature to any part one or more of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters Tracts 1-8 may lawfully require proceed with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees work at its sole cost their own risk and expense, and may request the other Owners of Tracts 1-8 to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating contribute to the maintenance cost of work upon a proper showing that the work is or was reasonably necessary to maintain the Easement Corridor in a safe and occupancy of said Premisespassable condition for reasonably foreseeable uses by pedestrians and vehicles.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Sources: Private Road Access Easement and Shared Road Maintenance Agreement
Maintenance. Lessee covenants as follows:
a. That Lessee willSection 7.01. Tenant, at its own sole expense, replace any glass broken on the Premises shall maintain, in good condition and repair, restorethe Demised Premises and every part thereof (except those portions required to be maintained by Landlord as hereinafter provided) including by way of example and not by way of limitation, the maintenance, replacement and repair of all of Tenant’s building, Tenant’s personal property, Tenant’s signs as permitted by the provisions of this Lease, storefronts, doors, window treatments, plate glass and show windows, door and window frames and moldings,, plumbing and pipes (including any damage to plumbing and pipes caused by the introduction of any foreign matter into the plumbing system by Tenant or Tenant’s employees or customers), electrical wiring and conduits, and the roof, to the extent of any installations for vents, skylights or other installations made by Tenant. Tenant shall be liable for any damage to the building on the Demised Premises and other buildings in the Shopping Center, resulting from the acts or omissions of Tenant or its representatives, employees or customers. Tenant shall maintain its store windows in a clean and neat condition and shall keep the sidewalks adjoining the Demised Premises free from ice, snow and rubbish. Tenant shall be responsible for snow removal, cleaning and landscape maintenance in the area depicted on Exhibit A-1.
Section 7.02. Should Tenant fail to maintain, replace or repair the Demised Premises pursuant to Section 7.01, Landlord shall give Tenant specific, written notice thereof, and Tenant shall have thirty (30) days thereafter to cure such failure, or replace such longer period as is reasonably necessary. If such failure is not cured within said thirty (30) days, Landlord, at its option, may perform the necessary maintenance, replacement or repair. Should Landlord opt not to perform the foregoing work, it shall not in any way be liable for any damages sustained by Tenant, or any of Tenant’s employees, invitees, licensees etc. Landlord shall b▇▇▇ Tenant directly for all partitions and fixtures that may be installed by it which are damaged costs associated with the necessary maintenance, replacement or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, repair including, but not limited toto any damage to third parties affected by Tenant’s failure to perform said work, repairs and said amount shall be deemed Additional Rent and due Landlord with the next monthly payment of fixed rent. Failure of Tenant to comply with this Section 7.02 shall be deemed an Event of Default under this lease, but only if Tenant fails to cure such default prior to the air conditioners expiration of the applicable grace period provided in Article XVIII.
Section 7.03. Landlord shall maintain in good condition the following with the cost for same to be deemed Reimbursements and heating units the Tenant shall be responsible for Tenant’s Share of such costs in accordance with a maintenance contract that is reasonably satisfactory to LessorArticle V: The roof and structural parts of the building and other improvements in which the Demised Premises are located, which structural parts include the plumbing foundations, bearing and electrical fixturesexterior walls (excluding glass and doors and the frames and molding thereof), and the doors electrical, plumbing and locks.
c. That Lessee shall make all repairs andsewage systems lying outside the Demised Premises. Notwithstanding the foregoing, if necessary any damage to the replacement, of roof or structure caused by (i) any nature to any part of the Premises necessitated by the negligent act or neglect of the Lessee or omission by Tenant, its agents, employees or invites other than those resulting from fireinvitees, casualty or other insurable cause.
d. That Lessee shall make no modifications to (ii) any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and work done on the roof of the Demised Premises as well as any suspensions from the roof structure. A violation of this covenant by Tenant, its agents or employees, or (iii) vandalism or theft by Tenant, its agents, employees or invitees shall be deemed a default under this Lease entitling Lessor paid for in full by Tenant.
Section 7.04. If Landlord fails to exercise perform any of the remedies provided for herein.
e. That Lessee will keep the entire Premisesits obligations under Section 7.03, including adjoining sidewalks free of rubbishTenant shall give Landlord specific, debriswritten notice thereof, and also in Landlord shall have thirty (30) days thereafter to cure such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removalfailure; provided, however, that if such cure cannot reasonably be completed within such thirty (30) day period, then Landlord shall, subject to Excusable Delays, commence to cure same within thirty (30) days and diligently and in good faith continue to cure such failure to completion. The failure of Landlord to perform any such trade fixtures and mechanical equipment, repairs shall not impose any liability on Landlord nor excuse any performance or payment by Tenant required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Maintenance. Lessee covenants as follows:
a. That Lessee will(a) Subject to the provisions of Section 18, Tenant shall, at its own Tenant's sole cost and expense, replace any glass broken on during the entire Term, keep and maintain in good order, condition and repair the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premisesevery part thereof, including, but not limited to, repairs to all plumbing, sewage, fixtures, interior walls, storefront(s), showcases, skylights, all electrical facilities and equipment, lighting fixtures, lamp▇▇▇, ▇▇ns and electrical motors, all other appliances and equipment of every kind and nature, sprinkler equipment (if any), and any other mechanical systems in the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to LessorPremises. Tenant's obligations shall include, but shall not be limited to, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if obligation to replace when necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused items required to be maintained by fire, casualty or other insurable cause. Lessee further agrees Tenant at its sole cost and expense. Such replacement items shall be of comparable quality to those that they are replacing. If Tenant fails to perform Tenant's obligations under this Section 11, Landlord may, at Landlord's option enter upon the Premises and put the same in good order, condition and repair and make such replacements as may be necessary, and the cost thereof shall become due and payable as additional rent by Tenant to performLandlord upon demand, fully obey but nothing in this sentence contained shall be deemed to impose a duty upon Landlord or affect in any manner the obligations placed upon Tenant by this Section 11. Any such entry by Landlord shall not be deemed to be an eviction of Tenant.
(b) Tenant shall provide for (at Tenant's cost and comply with all ordinancesexpense as hereinafter set forth) the maintenance, rules regulations repair and laws replacement of all public authoritiesthe heating, boards ventilating and officers, relating to air conditioning equipment (HVAC) in the maintenance of and occupancy of said Premises.
f. That Lessee (c) Tenant shall remove no additions, improvements furnish (at Tenant's costs and alterations made by Lessor or by Lessee except expense as herein provided, hereinafter set forth) trash and shall not alter garbage receptacles and the Premises or any part thereof, without in each case the consent removal of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures trash and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or soonergarbage from said receptacles.
Appears in 1 contract
Sources: Lease Agreement (Dominion Homes Inc)
Maintenance. Lessee covenants as follows:
a. That Lessee willTenant shall, at its own Tenant's expense, replace any glass broken on keep and maintain the Premises Wireless Facilities in commercially reasonable condition and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, repair during the term of this Leasethe SLA, to reasonable wear and tear and damage from elements excepted, and, upon termination, shall remove its trade fixtures the Wireless Facilities and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided. Landlord retains the right to inspect the property and Wireless Facilities of Tenant upon giving reasonable notice to Tenant during the term of the SLA and to enter the Premises (accompanied, howeverat Tenant's option, by a representative of Tenant) for the purposes of such inspection. In the event that any such trade fixtures Landlord determines in good faith that Tenant has not maintained Tenant's property and mechanical equipmentthe Wireless Facilities in good order and repair according to industry standards, not including applicable Law, Landlord shall so notify Tenant in writing, specifying the maintenance and repairs required to be removed performed by Lessor pursuant to this Lease, which Tenant. In the event that within thirty (30) days following such written notice Tenant shall not have been removed performed such maintenance and repairs, Landlord may, at its sole option, make such repairs as it deems reasonably necessary and any actual, reasonable, out-of-pocket amounts expended by Lessee Landlord therefor shall be reimbursed to Landlord by Tenant within thirty (30) days of Landlord's demand therefor. Landlord shall not be liable for inconvenience, disturbance, loss of business or other damage to Tenant by reason of repairing the property and Wireless Facilities of Tenant which Tenant has failed to properly maintain. Landlord shall maintain and repair its Improvements on the expiration Site, in commercially reasonable condition and repair, reasonable wear and tear and damage from the elements excepted. No work shall be done by Landlord (or soonerany third party under Landlord's control) that could reasonably be expected to adversely impact the Wireless Facilities without prior verbal notification to Tenant, which notification shall be given sufficiently in advance of such work for Tenant to take all reasonable steps to protect its Wireless Facilities from any such adverse impact.
Appears in 1 contract
Sources: Master Lease Agreement (Dobson Communications Corp)
Maintenance. Lessee covenants as follows:
a. That Lessee will(a) Tenant covenants, at its own expense, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to performkeep the Leased Premises and all fixtures located therein in the same condition and repair they are in as of the date hereof,, fully obey ordinary wear and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein providedtear excepted, and shall not alter promptly repair and maintain the Leased Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove at its trade fixtures sole cost and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removalexpense; provided, however, that with the exception of ordinary day-to-day maintenance, in no event shall Tenant be responsible for the cost of roof repairs (or replacement) or repair or replacement of structural components of the Leased Premises or any building system, or any other item which would constitute a capital expenditure or capitalized expense under generally accepted accounting principles.
(b) Landlord covenants, at its sole cost and expense, to keep and maintain (and replace, if necessary), the roof and any of the structural components of the Leased Premises in the same condition and repair they are in as of the date hereof, ordinary wear and tear excepted; provided, however, ordinary day-to-day maintenance of such trade items shall be the responsibility of Tenant hereunder. Subject to Tenant's obligation to perform ordinary day-to-day maintenance as aforesaid, Landlord further covenants, at its sole cost and expense, to perform any and all extraordinary repairs within the Leased Premises, replace any building systems and/or make any capital improvements, all to the extent necessary to keep the Leased Premises and all fixtures located thereon in the same condition and mechanical equipmentrepair they are in as of the date hereof, not required ordinary wear and tear excepted. If Landlord fails to be removed by Lessor pursuant perform its maintenance obligations hereunder, Tenant shall have the right, after providing Landlord with thirty (30) days' written notice and opportunity to this Leaseperform the necessary repairs, to perform such repairs (and replacements, if necessary) on Landlord's behalf and at Tenant's option (a) set-off the costs thereof against all Rent then next coming due; and/or (b) submit an invoice to Landlord for all such costs, which invoice shall not have been removed be paid by Lessee on Landlord within thirty (30) days.
(c) All work performed and all repairs made hereunder by Landlord or Tenant as appropriate, shall be done in a good and workmanlike manner which shall be consistent with industry standards, using only materials and labor of reasonable quality and in compliance with all applicable buildings and zoning laws and with all other laws, ordinances, orders, rules, regulations, and requirements of all federal, state, and municipal governments and the expiration or soonerappropriate departments, commissions, boards, and officers thereof.
Appears in 1 contract
Maintenance. Lessee covenants as follows▇▇▇▇▇▇▇▇ agrees to do any maintenance or structure repairs that are needed to the UNIT. TENANT agrees to keep the UNIT clean, neat and safe. LANDLORD shall act with customary due diligence to:
a. That Lessee will(a) keep Common Areas of the PROPERTY (but not the UNIT, at its own expensewhich shall be the responsibility of TENANT) reasonably clean;
(b) maintain fixtures, replace furniture, hot water, heating, and A/C equipment;
(c) substantially comply with applicable federal, state, and local laws regarding safety, sanitation, and fair housing; and
a) TENANT may not park any glass broken vehicle on the Premises PROPERTY
(d) make all reasonable repairs, subject to TENANT’S obligation to pay for damages for which TENANT is liable. LANDLORD may temporarily turn off equipment and/or interrupt utilities to the UNIT and/or the PROPERTY to avoid property damage or to perform work requiring such interruption as determined in LANDLORD’s sole judgment. LANDLORD will not be liable for any inconvenience, discomfort, disruptions or interference with TENANT’s use of the PROPERTY because LANDLORD is making repairs, alterations or improvements to the UNIT or the PROPERTY. If TENANT requests any repairs, and repairLANDLORD approves such request, restorethe repairs will be done during LANDLORD’s usual working hours unless TENANT requests in writing that such repairs be done during other hours and such request is approved by LANDLORD. If LANDLORD approves such request TENANT will have to pay in advance any additional charges resulting from such request. TENANT agrees to take reasonable steps in order to prevent or minimize the growth of mold and mildew within the UNIT. To prevent or minimize the occurrence and growth of mold in the UNIT, TENANT hereby agrees to the following: TENANT is responsible for replacing the HVAC filter at least four times during the lease TERM at TENANT’s expense. TENANT may purchase filters from LANDLORD at a cost of $5.00 each. TENANT shall (a) remove any visible moisture accumulation in or on the UNIT, including on walls, windows, floors, ceilings, and bathroom fixtures, (b) mop up spills and thoroughly dry affected area as soon as possible after occurrence, (c) use exhaust fans in kitchen and bathroom when necessary, and (d) keep climate and moisture in the UNIT at reasonable levels. TENANT shall clean and dust the UNIT regularly, and shall keep the UNIT, particularly the kitchen and bath, clean and dry. Any water leak, excessive moisture, or replace all partitions standing water inside the UNIT or any Common Areas. Mold or mildew growth in or on the UNIT that persists after TENANT has tried to remove it with an appropriate household cleaning solution, such as Lysol or Pine-Sol disinfectants, Tilex Mildew Remover, or Clorox, or a combination of water and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to bleach. A malfunction in any part of the Premises necessitated by heating, air-conditioning, or system in the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of LessorUNIT. This TENANT shall be deemed liable to include LANDLORD for damages sustained to the floor slabs, perimeter walls and UNIT or the roof PROPERTY as a result of TENANT’s failure to comply with the Premises as well as any suspensions from the roof structure. A violation terms of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debrissection, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and LANDLORD shall not alter the Premises be liable for any damages sustained to TENANT’s person or any part thereof, without in each case the consent property as a result of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; providedfailure. TENANT is responsible for all pest control, however, except that any LANDLORD shall provide an initial pest control treatment if the need for such trade fixtures and mechanical equipment, not required treatment is reported to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on LANDLORD in writing within 10 days after move-in. If LANDLORD incurs the expiration or soonercost of pest control in the ▇▇▇▇
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. Lessee covenants Landlord shall maintain all Shell Construction items, Building Systems (defined below), and Building common areas including all parking areas and landscaping, in good order and condition as follows:
a. That Lessee willcustomary for Comparable Buildings. “Building Systems” shall include all electrical, at its own expenseplumbing, replace and air conditioning systems within the Building which either were included in the Shell Construction or which were installed by Tenant pursuant to this Lease and which meet the following requirements: (i) properly approved by Landlord; (ii) installed in conformance with all plans and specifications as approved by Landlord; (iii) Tenant shall have informed Landlord in writing of the name, address, phone number and contact person of the contractor responsible for the installation of such system; (iv) Tenant shall have assigned in writing all contractor’s and manufacturer’s warranties received by Tenant in connection with such system; and (v) in connection with Tenant’s contracting for the installation thereof, Landlord shall have been expressly named as a third party beneficiary to, and shall have been provided copies of, such contract and any glass broken on related warranties. Notwithstanding the foregoing, “Building Systems” shall not include any improvements made to or within the Premises which differ from the base building systems or are otherwise specialized to Tenant’s use and occupancy of the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessorcustomary for office tenants in Comparable Buildings. This Any such improvement shall be deemed to include the floor slabsmaintained and repaired by Tenant, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, with contractors and subcontractors approved by Landlord in writing and otherwise in accordance with the provisions of Subsections 7(b) and 7(d) below. Landlord agrees to perform, fully obey provide services and comply to maintain the Building in a manner consistent with all ordinances, rules regulations the services and laws of all public authorities, boards and officers, relating maintenance provided to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without office tenants in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removalComparable Buildings; provided, however, that all costs and expenses associated with the maintenance, repair and/or replacement of any item, element or component of Building Systems which was installed by or at the request of Tenant (except as approved above) shall be borne solely by Tenant, and Tenant agrees to reimburse Landlord for all such trade fixtures costs and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or soonerexpenses within fifteen (15) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Lease Agreement (Realpage Inc)
Maintenance. Lessee covenants as follows:
a. That Lessee willDuring the term of this lease, Lessee, at its own cost and expense, replace any glass broken on shall keep and maintain the Leased Premises and all buildings and improvements thereon, in good order, condition and repair, restore, or replace hereby waiving all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall rights to make all nonstructural repairs to at the interior expense of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, and shall not cause any nuisance or cause or permit any waste or allow any trash to accumulate on the plumbing Leased Premises. Further, Lessee agrees to make any and electrical fixturesall necessary replacements to air-conditioning, cooling, heating, plumbing, lighting, and other equipment on the doors Leased Premises and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any other part of the Leased Premises necessitated by in the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That event said replacements are necessary. Lessee shall make no modifications to any parts of have the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees right at its sole cost and expenseexpense at any time and from time to time, to perform, fully obey make such alterations and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating improvements to the maintenance of and occupancy of said Premises.
f. That building on the Leased Premises which do not adversely affect the value thereof as Lessee shall remove no additionssees fit, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that no structural alterations shall be made without first obtaining the written consent and approval of the Lessor as to the proposed plans and specifications, which consent and approval Lessor agrees will not be unreasonably withheld and further provided that any alterations or improvements shall be done expeditiously and in a good and workmanlike manner. Lessee agrees to provide Lessor with a performance bond or other security satisfactory to Lessor to insure the fact that there will be no mechanic's liens or materialmen's liens or any other liens against the premises caused by Lessee's alterations or other improvements and to indemnify and hold harmless Lessor from and against any such trade fixtures liens. In the event that Lessee does not make the necessary repairs, replacements, or maintenance as herein provided, Lessor, after giving Lessee thirty (30) days' written notice, shall have the right to do the same and mechanical equipmentall amounts so expended by the Lessor shall be deemed additional rental, not required to be removed by Lessor pursuant to this Leasedue and owing at the time the next rental payment is due following the date that such repairs, which shall not replacements, or maintenance have been removed done by Lessee on the expiration or soonerLessor. Any and all alterations, repairs, replacements, and additions that are made by either party shall immediately become the property of the Lessor.
Appears in 1 contract
Sources: Net Lease (United Auto Group Inc)
Maintenance. Lessee covenants The upkeep, maintenance and management of the building and of common areas, maintenance, operation and upkeep of plant and machinery shall be organized by the DEVELOPER or its nominated Maintenance Agency. All such costs, expenses (hereinafter referred as follows:
a. That Lessee will“CAM”) common area maintenance, at its own expense, replace any glass broken on accruals to or provisions shall be borne and paid by the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs VENDEE to the interior extent of its share in the Premises, including, but not limited to, repairs said building. The charges so fixed and payable every month shall be apportioned per square feet by the DEVELOPER to which the VENDEE hereby agrees to accept as final and binding. Such charges would be billed to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated VENDEE by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of LessorDEVELOPER/Maintenance Agency every month at actuals. This The charges so fixed shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structurereviewed annually. A violation of this covenant It is clarified that Maintenance Charges shall be deemed a default under this Lease entitling Lessor to exercise any exclusive of water, electricity and other consumables for which separate bills shall be raised by the remedies provided for DEVELOPER/Concerned Agency/Department/ Maintenance company and shall be paid by the VENDEE/Lessee as stipulated herein.
e. That Lessee will keep (I) DEVELOPER OR its Nominee shall maintain the entire Premisesbuilding from amounts received as CAM charges from the owners and occupiers of building. DEVELOPER at any time, including adjoining sidewalks free can make a maintenance association of rubbish, debris, owners and also in such condition as the Board occupiers of Health building and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to hand over the maintenance of and occupancy of said Premisesthe building to the same.
f. That Lessee (II) All expenses of consumable nature shall remove no additionsbe billed every month as per actual consumption to each VENDEE and the same shall become payable within 7 days of its intimation.
(III) The VENDEE shall enter into a separate maintenance agreement (The “Maintenance agreement”) with maintenance agency as may be designated in this regard (the “Designated Mainnatnece Agency”) by the DEVELOPER, improvements in accordance with the provisions of applicable Law, for the maintenance of common areas and alterations made facilities in the said building. VENDEE shall pay necessary charges including security deposit for such maintenance and such arrangement will continue untill service are handed over to Residents Welfate Association (RWA). The VENDEE further undertakes to sign and execute the Maintenance agreement and to abide by Lessor or the terms and conditions of the same. Till the time same is not executed Allottee is bound by Lessee except as herein provided, the terms and shall not alter the Premises or any part thereof, without in each case the consent conditions of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed maintenance to the realty, unit as mentioned in this agreement. The intending VENDEE agree and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or soonerconsent
Appears in 1 contract
Sources: Agreement to Sale
Maintenance. Lessee covenants Landlord shall, as follows:
a. That Lessee willan Operating Expense, maintain and make necessary repairs to the Building and the Common Areas, except that: (a) Landlord shall not be responsible for the maintenance or repair of any systems located within the Premises that are supplemental to the Building’s standard systems; and (b) the cost of performing any repairs caused by the negligence or misconduct of Tenant shall be paid by Tenant immediately upon demand by Landlord. Tenant shall periodically inspect the Premises to identify any conditions that are in need of maintenance or repair. Tenant shall, at its own sole cost and expense, replace perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear and damage from casualty excepted. If Tenant fails to make any glass broken on repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to ten percent (10%) of the cost of the repairs. Tenant hereby waives all right to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises and its other similar rights as provided in California Civil Code Sections 1932(1), 1941 and 1942 or any other Laws (whether now or hereafter in effect). Landlord shall perform and construct, and Tenant shall have no responsibility to perform, construct or pay for, any repair, restore, maintenance or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs improvement (i) to the interior Premises to the extent necessitated by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors; (ii) to the structural portions of the PremisesPremises (including the foundation, floors (other than floor coverings), walls (other than interior wall coverings), roof and roof membrane), except to the extent that such repair is necessitated by Tenant’s gross negligence or willful misconduct (in which case such repair shall be performed by Landlord at Tenant’s cost); (iii) windows, mechanical and electrical systems, including, but not limited to, repairs the HVAC, electrical and plumbing systems servicing the Premises, except to the air conditioners and heating units with a maintenance contract extent that such repair is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act Tenant’s gross negligence or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This willful misconduct (in which case such repair shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for hereinperformed by Landlord at Tenant’s cost).
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Sources: Lease Agreement (Zendesk, Inc.)
Maintenance. Lessee covenants as follows:
a. That Lessee willThe Developers hereby agree that, at its own expenseprior to completion of any phase of the Project, replace any glass broken on the Premises portions of the Development Site undergoing construction shall be maintained in a neat and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs orderly condition to the interior extent practicable and in accordance with industry health and safety standards, and that, once the Project or any Phase thereof is completed the Project shall be well maintained as to both external and internal appearance of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessorbuildings, the plumbing and electrical fixturescommon areas, and the doors parking areas. The Developers shall maintain or cause to be maintained the Project in good repair and locks.
c. That Lessee shall working order, and in a neat, clean and orderly condition, including the walkways, driveways, parking areas and landscaping, and from time to time make all repairs andnecessary and proper repairs, if necessary renewals, and replacements. In the replacement, of event that there arises at any nature time prior to any part the expiration of the Premises necessitated by the act or neglect term of the Lessee Redevelopment Plan a condition in contravention of the above maintenance standard, then the Agency shall notify the Developers in writing of such condition, giving the Developers thirty (30) days from receipt of such notice to commence and thereafter diligently to proceed to cure said condition. In the event the Developers fail to cure or its agentscommence to cure the condition within the time allowed, employees the Agency shall have the right to perform all acts necessary to cure such a condition. or invites to take other than those resulting recourse at law or equity the Agency may then have and to receive from firethe Developers, casualty the Agency's cost in taking such action. The parties hereto further mutually understand and agree that the rights conferred upon the Agency expressly include the right to enforce or establish a lien or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise encumbrance against any of the remedies provided for herein.
e. That Lessee will keep parcels comprising the entire PremisesDevelopment Site not complying with this Agreement, including adjoining sidewalks free without limitation parcels subdivided after the date of rubbishthis Agreement but such lien shall be subject to previously recorded liens and encumbrances. The foregoing provisions shall be a covenant running with the land until expiration of the term of this Agreement, debrisenforceable by the Agency, its successors and assigns. The Agency and/or the City hereby agree that, prior to completion of the Parking Garage, the portions of the Development Site undergoing construction shall be maintained in a neat and orderly condition to the extent practicable and in accordance with industry health and safety standards, and also in such condition that, once the Parking Garage is completed the Parking Garage shall be well maintained as to both external and internal appearance of the Board buildings and the common areas. In the event the Agency and the City grant to Heavenly Resort Properties and Heavenly Valley a right of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating entry to the Parking Garage Site in order to use the Parking Garage site for a construction staging area, Heavenly Resort Properties and Heavenly Valley shall assume the Agency's and City's maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter obligations with regards to the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, Parking Garage during the term of this Leaseany such right of entry. The Agency and the City shall maintain or cause to be maintained the Parking Garage in good repair and working order, and in a neat, clean and orderly condition, including the walkways, driveways, parking areas and landscaping, and from time to remove its trade fixtures time make all necessary and mechanical equipment however affixed proper repairs, renewals, and replacements. In the event that there arises at any time prior to the realtyexpiration of the term of the Redevelopment Plan a condition in contravention of the above maintenance standard, then the Developers shall notify the Agency and Lessee covenants promptly the City in writing of such condition, giving the Agency and the City thirty (30) days from receipt of such notice to repair any damage caused by any commence and thereafter diligently to proceed to cure said condition. In the event the Agency and/or the City fail to cure or commence to cure the condition within the time allowed, the Developers shall have the right to perform all acts necessary to cure such removal; provideda condition, howeveror to take other recourse at law or equity the Developers may then have and to receive from the Agency and the City, the Developers' cost in taking such action. The parties hereto further mutually understand and agree that any the rights conferred upon the Developers expressly include the right to attach the revenues from the Parking Garage provided such trade fixtures and mechanical equipment, not required right shall be subordinate to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee the lien on the expiration or soonerrevenues for the Parking Revenue Bonds.
Appears in 1 contract
Sources: Master Disposition and Development Agreement (American Skiing Co /Me)
Maintenance. Lessee covenants 10.1 The Concessionaire accepts the use of the Concession Areas in their "AS IS, WHERE IS" condition. Concessionaire assumes sole responsibility and expense for maintenance, including the collection and daily removal of litter, garbage and debris of the following areas: 1) the Concession Areas, including all facilities and equipment thereon; 2) any Buffer Zone (as follows:
a. That Lessee will, at its own expense, replace defined in Subsection 2.7 hereof) immediately adjacent to any glass broken on portion of the Premises Concession Areas; 3) any Lifeguard Facility Zone (as defined in Subsection 2.5 hereof) immediately adjacent to any portion of the Concession Areas; 4) any Handicap Zone immediately adjacent to any portion of the Concession Areas; 5) the area within fifty (50) feet of any of the Concessionaire's storage areas located outside of a Concession Area; 6) the area within ten (10) feet of any outdoor ashtray required to be placed and repair, restore, or replace all partitions maintained by Concessionaire pursuant to this Agreement (and fixtures that may be installed including ashtrays provided by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs Concessionaire pursuant to the interior Public Beachfront Outdoor Ashtray Program contemplated in Subsection 3.9.5, and ashtrays provided by Concessionaire for use by its patrons); 7) any area within fifty (50) feet of a food and beverage dispensing facility; and 8) the Dune area landward and adjacent to any portion of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixturesConcession Areas (NOTE: for purposes of this Section 10, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part other section of the Premises necessitated by Agreement which references the act or neglect term "areas outside of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This Concession Areas," that term shall be deemed to reference and include only the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structurespecific areas described in Nos. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein(2) through (8) above).
e. That Lessee will keep 10.1.1 As an additional requirement of its maintenance responsibilities, Concessionaire shall provide throughout the entire PremisesTerm, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to performsand sifting equipment, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor whether manual or by Lessee except as herein providedmotorized, and staff appropriately trained and /or certified to operate same, within all Concession Areas and those "areas outside of the Concession Areas" as defined in Subsection 10.1, but not including the Area defined in Subsection 10.1(8) above. Sand sifting shall not alter the Premises or any part thereof, without occur no less than two (2) times weekly in each case Concession Area and in each of the consent areas outside of Lessor in writingthe Concession Areas. Lessee shallOn or before the Effective Date, however, have Concessionaire shall provide the right, during City Manager or his /her designee with photographs and specifications of the term of this Lease, to remove its trade fixtures and mechanical sand sifting equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Leaseit shall employ, which shall not have been removed by Lessee on the expiration or soonerbe included as Exhibit 10.1.1 hereof.
Appears in 1 contract
Sources: Concession Agreement
Maintenance. Lessee covenants as follows:
a. That Lessee will, at its own expense, replace any glass broken on ▇. ▇▇▇▇▇▇ shall deliver the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of Lessee in "as is" condition, and shall have no obligations to make any improvements to the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locksexcept as expressly set forth elsewhere in this Lease.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to B. If any part of the Premises necessitated or Common Areas are damaged by the any act or neglect omission of the Lessee or its agentsguests or invitees, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That then Lessee shall make no modifications pay Lessor the cost of repairing or replacing such damaged property, whether or not Lessor would otherwise be obligated to any parts pay the cost of the structure maintaining or repairing such property. Lessee shall fulfill all of the Premises without written approval of LessorLessee’s obligations under this Section 8.B at ▇▇▇▇▇▇’s sole expense. This shall be deemed If Lessee fails to include the floor slabs, perimeter walls and the roof of maintain or repair the Premises as well as any suspensions from the roof structure. A violation of required by this covenant Section 8.B, then Lessor may upon thirty (30) days prior notice to Lessee (except no notice shall be deemed a default required in the case of an emergency), enter the Premises and perform such maintenance or repair on behalf of Lessee. In such case, ▇▇▇▇▇▇ shall reimburse Lessor for all costs incurred in performing such maintenance or repair. It is the intention of Lessor and Lessee that at all times Lessee shall maintain the items which Lessee is obligated to maintain under this Lease entitling Lessor to exercise any of the remedies provided for hereinin an attractive, first- class and fully operative condition.
e. That Lessee will keep the entire Premises▇. ▇▇▇▇▇▇ shall, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating provide janitorial service to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein providedPremises five days per week, and shall not alter replace all glass and panels in windows and doors of the Premises which become cracked, broken or any part thereofdamaged, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, any damage to windows or doors to the Premises caused by the use of Lessee or its guests or invitees will be at Lessee’s expense. Lessor shall, at its cost and expense, maintain: (i) the exterior walls or other structural components of the Building, including but not limited to the foundation, slab, floor, roof, roof systems and components, exterior walls, gutters, downspouts, windows and frames; (ii) all utilities and utility installations serving the Premises (other than internet access); (iii) the Common Areas, including but not limited to the removal of ice and snow from entries and the Lessee’s parking areas immediately adjacent to the Premises; and (iv) the driveway and parking area portions of the Common Areas; all in good order and repair and Lessor shall make all repairs and replacements, both ordinary and extraordinary and both structural and nonstructural, as may become necessary during the Lease term. It is the intention of Lessor and Lessee that any at all times Lessor shall maintain the items which Lessor is obligated to maintain under this Lease in an attractive and fully operative condition. Lessor shall proceed diligently to perform its obligations, and at the least within thirty (30) days of written notice of the need therefor; provided if such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or soonerwork reasonably takes longer than thirty
Appears in 1 contract
Sources: Lease Agreement
Maintenance. Lessee covenants The Lessor warrants that the foundation, exterior bearing walls, and wood roof structure shall be free from defects in material and workmanship until such times as follows:
a. That Lessee willany of these structural systems have been altered or modified by Lessee. In the event, at its own expenseof the occurrence of any such defect during the warranty period and upon receipt of written notice from Lessee, replace any glass broken on Lessor shall promptly commence and diligently prosecute to completion such repairs as are necessary to correct such defect. Except for the Premises and repairaforegoing Lessor warranties, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to maintain and preserve the interior of the Demised Premises, including, but not limited towithout limitation, repairs the interior and exterior of the Building thereon in good and clean condition making all repairs, replacements and restorations necessary for such maintenance and preservation: including, without limitation, tuckpointing, painting, glass replacement, glazing, caulking and the repair, replacement and restoration of the roof covering, docks, landscaping and, parking areas. All repairs, replacements and restorations shall be in quality at least equal to the air conditioners and heating units with a maintenance contract that is reasonably original construction. Notwithstanding anything herein to the contrary, on or before each anniversary date of this Lease or extension thereof, Lessee shall deliver to Lessor written evidence satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and Lessor that the roof of the building on the Demised Premises as well as any suspensions from has been serviced by a roofing contractor licensed by the roof structureState of Arizona and satisfactory to Lessor. A violation At the termination of this covenant Lease, by lapse of time or otherwise, Lessee shall be deemed a default under this Lease entitling Lessor to exercise any of deliver the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating Demised Premises to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have good condition and repair as obtained therein at the right, during commencement of the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; providedLease subject, however, that to the loss or damage due to any such trade fixtures and mechanical equipment, not required casualty to the extent actually recovered by Lessor under insurance policies to be removed by Lessor pursuant to this Lease, which shall not have been removed obtained and maintained by Lessee as herein set forth and normal wear and tear. Anything herein to the contrary, notwithstanding, Lessee will not suffer any waste t@-occur on the expiration or soonerDemised Premises and will make every reasonable effort to prevent the Demised Premises from falling into disrepair; including, without limitation, the prompt performance of all repair, replacement and restoration obligations of Lessee as herein set forth.
Appears in 1 contract
Maintenance. Lessee covenants The operational employees shall not be responsi- ble for the cleaning and general maintenance Train- ing Offices and classroom, the Fire Prevention Offices and Administration areas and maintenance of the including the Platoon Chiefs and District Chiefs The following articles of clothing shallbe issued to all employees covered by this Agreement, and such clo- thing shall be supplied on an “as follows:
a. That Lessee willrequired trial basis” for the duration of this Agreement. Should this system of supply not conform to either party’s satisfaction upon completion of the trial period, at its own expense, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs party can file notice to revert back to the interior previous supply system. Tunics Uniform Pants Uniform Caps Universal Coats Uniform Shirts choice of the Premises, including, but not limited to, repairs sleeve length to be made by employee Fatigue Shirts choice of sleeve length to be made by employee Fatigue Pants Ties The Union is to receive photocopies of all requisi- tions and purchase orders related to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessorabove. This The following turn-out equipment shall be deemed to include the floor slabsre- placed as required, perimeter walls such equipment being; fire helmet, turn-out coat, rubber and the roof thigh boots with steel insoles and toecaps, regulation leather belt with hose spanner, leather mitts with thumb and finger, face ▇▇▇▇▇▇▇ and leather boots. Replacements shall not be unreasonably delayed or withheld. The City agrees that by December all turn-out coats will be replaced with new issue of the Premises as well as any suspensions from the roof structurematerial. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee The City further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, that during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required contract all fire helmets will be replaced with a design to be removed approved by Lessor pursuant consultation. The foregoing issue of clothing and turnout equipment shall be replaced only upon the approval in writing of the Chief of the Department or his representative and provided there is an absence of negli- gence and that replacements are returned to this Leasestores, which where possible. Non-operational clothing shall not have been removed by Lessee on be supplied as re- quired including the expiration or soonerfollowing: tunic at the discretion of the Fire Chief pairs of uniform pants universal coat uniform cap Shirts, ties There shall be an annual shoe allowance: Operational force Non-operational force
Appears in 1 contract
Sources: Collective Agreement
Maintenance. Lessee covenants as follows:
a. That Lessee willLandlord shall maintain, at its own expensein good condition, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior structural parts of the Premises, which shall include only the foundations, bearing and exterior walls (excluding glass), subflooring and roof (excluding skylights), the unexposed electrical, plumbing and sewerage systems, including, but not limited towithout limitation, repairs to those portions of the air conditioners systems lying outside the Premises, window frames, gutters and heating units with a maintenance contract that is reasonably satisfactory to Lessordownspouts on the Building, the plumbing heating, ventilating and electrical fixturesair conditioning system servicing the Premises, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part outside areas of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premisesproject, including adjoining sidewalks free of rubbishlandscaping, debrissidewalks, service areas, driveways, parking areas, walkways and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removaloutside lighting; provided, however, that any the cost of all such trade maintenance shall be considered "Expenses" (except for the structural elements of the concrete floor, foundation or exterior walls, unless if caused by Tenant) for purposes of Subparagraph 6
(a). Except as provided above, Tenant shall maintain and repair the Premises in good condition, including, without limitation, maintaining and repairing all walls, floors, ceilings, and doors, servicing the Premises, exterior and interior windows and fixtures as well as damage caused by Tenant, its agents, contractors, employees or invitees. In its sole discretion, Landlord reserves the right to require Tenant to contract directly, maintain, repair and mechanical service the heating, ventilating and air conditioning equipment, not required to be removed by Lessor pursuant to . Upon expiration or termination of this Lease, Tenant shall surrender the Premises to Landlord in the same condition as existed at the commencement of the Term, except for reasonable wear and tear or damage caused by fire or other casualty for which Landlord has received all funds necessary for restoration of the Premises from insurance proceeds. Except as provided in Paragraph 19, there shall not have been removed be no abatement of rent and no liability of Landlord by Lessee on reason of any injury to or interference with Tenant's business arising from the expiration making of any repairs, alterations or soonerimprovements in or to any portion of the Project or the Premises. Landlord shall use reasonable good faith efforts to minimize any injury or interference. Tenant hereby waives any and all rights to make repairs at the expense of Landlord under the provisions of Sections 1941 and 1942 of the California Civil Code or any similar statute now or hereafter enacted.
Appears in 1 contract
Maintenance. Lessee covenants as follows:
a. That Lessee willImprovements: Alterations. Improvements to the Premises shall be installed at Tenant's expense only except for the Finish Allowance referred to above in accordance with plans and specifications which have been previously submitted to, and approved in writing by, Landlord. No alterations or physical additions in or to the Premises may be made without Landlord's prior written consent, which shall not be unreasonably withheld, or delayed; however, Landlord may withhold its consent to any alteration or addition that would affect the Building's structure or its HVAC, plumbing, electrical, or mechanical systems. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type which would affect the appearance of the exterior of the Building or of any common areas of the Building without the prior written consent of Landlord, which shall not be unreasonably withheld, or delayed. All alterations, additions, or improvements made in or upon the Premises shall, at its own expenseLandlord's option, replace any glass broken either be removed by Tenant prior to the end of the Term (and Tenant shall repair all damage caused thereby), or shall remain on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to at the interior end of the Premises, including, but not limited to, repairs Term without compensation to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removalTenant; provided, however, that Landlord shall notify Tenant at the time of any such trade fixtures approval whether Landlord will require Tenant to remove such improvements at the end of the Term. All alterations, additions, and mechanical equipmentimprovements shall be constructed, not required to be removed maintained, and used by Lessor pursuant to this LeaseTenant, which at its risk and expense, in accordance with all Laws; Landlord's approval of the plans and specifications therefor shall not have been removed be a representation by Lessee on Landlord that such alterations, additions, or improvements comply with any Law. Notwithstanding any other provision in this Section, Tenant shall be entitled to make nonstructural, cosmetic alterations or improvements to the expiration Premises without Landlord's consent or soonerapproval; provided, however, any alterations or improvements exceeding an aggregate value of $25,000 in any calendar year shall require Landlords approval.
Appears in 1 contract
Sources: Lease Agreement (Paypal Inc)
Maintenance. Lessee 18.1 Landlord agrees to keep and maintain (except as hereinafter set forth), the roof and other exterior portions of the Building premises, the Common Areas as determined in accordance with Section 16.1, and the plumbing, sewage and utility lines outside the building in which the Premises are located; except however, that Landlord shall not be responsible for the following: doors, door closers and operators and windows; and damage caused by any act or negligence of Tenant, its employees, agents, invitees, licensees or contractors. Other than as herein provided, Landlord shall not be responsible to make any other improvements or repairs of any kind in or upon the Premises. Landlord will repair any defects in Landlord's work described in the Addendum.
18.2 Tenant covenants as follows:
a. That Lessee will, and agrees to keep and maintain at its own expensecost and expense in good order, replace any glass broken on condition and repair the Premises and repairevery part thereof, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premisesexcept as hereinabove provided, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessorwithout limitation, the exterior and interior portions of all doors, door closers and operators, windows, plate glass and showcases surrounding the Premises, all plumbing and sewage facilities and electrical systems within the Premises, fixtures, heating, air-conditioning and the doors and locks.
c. That Lessee shall make all repairs andelectrical equipment, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include utility lines under the floor slabsof Tenant's Premises, perimeter walls and the roof of the Premises as well as any suspensions from the roof structureinterior walls, floors and ceilings, signs and all interior building appliances and similar equipment. A violation of this covenant shall be deemed a default under this Lease entitling Lessor Tenant further agrees to exercise replace any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees said equipment when necessary at its sole own cost and expense, . Tenant agrees to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating be responsible for any damage to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additionsPremises or to the Building, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed including but not limited to the realtyroof, exterior walls, loading dock areas, landscaping, planted areas, parking lot, driveways, entrance ways and Lessee covenants promptly to repair any damage signs caused by any such removal; providedact or negligence of Tenant, howeverits employees, that agents, invitees, licensees or contractors.
18.3 Tenant, at its cost, shall change all air conditioning filters at least two (2) times a year, and shall have the HVAC system professionally inspected and generally serviced at least twice per year. Tenant shall furnish Landlord with a copy of its service contract and copies of all service reports received from the service contractor.
18.4 At all times Tenant will not use electrical current in excess of the electrical distribution system, nor make any such trade fixtures alterations or additions to Tenant's electrical system without the prior written consent of Landlord. No electrical equipment shall be placed in the Premises which overloads any electrical lines. All changes in electrical lines shall only be made with prior written consent of Landlord and mechanical equipment, not required to using only qualified and licensed electricians. The Electrical System shall be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on installed consistent with the expiration or soonerspecifications of Tenant.
Appears in 1 contract
Sources: Lease Agreement (Stoneridge Inc)
Maintenance. Lessee covenants (a) Dirt, litter and obstructions shall be removed, and trash and leaves collected and removed so as follows:to maintain the Licensed Plaza as reasonably necessary.
a. That Lessee will(b) All walkways, at sidewalks and all other amenities and facilities in the Licensed Plaza shall be routinely maintained as reasonably necessary.
(c) Graffiti shall be regularly painted over or removed, within a reasonable and timely manner after its own expenseappearance on any surface.
(d) Surface drains and surface gratings shall be maintained regularly to prevent clogging.
(e) Planters and planting beds shall be free of litter and debris.
(f) Any umbrellas, replace any glass broken on the Premises moveable tables and repairchairs (“Moveable Street Furniture”) shall be maintained as reasonably necessary.
(g) All amenities listed in Exhibit B, restore, or replace all partitions and fixtures that as may be installed by it which are damaged or destroyed by any causeamended from time to time upon mutual consent of the parties, shall be maintained as reasonably necessary.
b. That Lessee (h) Perimeter planters used to delineate traffic shall make not be moved without DOT’s prior written approval. Such approval or denial shall not be unreasonably delayed. If a perimeter planter is moved by a third party, PLAZA PARTNER shall return the perimeter planter(s) to its original position as soon as practicable and thereafter shall immediately notify DOT.
(i) Snow and ice shall be removed from all nonstructural repairs walkways within a reasonable period of time in accordance with the snow map illustrated in Exhibit C. If necessary, Moveable Street Furniture shall be removed from the Licensed Plaza due to such snow and/or ice conditions.
(j) Sand or snow melting agent shall be spread as needed to minimize slippery conditions which may arise from the thawing and refreezing of snow and/or ice.
(k) Signs shall be posted throughout the Licensed Plaza cautioning users of any dangerous conditions due to snow and/or ice. If necessary, the Licensed Plaza may be closed due to such snow and/or ice conditions.
(l) Water all trees, shrubs, plantings and grass-covered areas as necessary to maintain such vegetation in a healthy condition.
(m) Remove or destroy any weeds from paving blocks, pavement, and concrete areas.
(n) Seasonal or annual pruning of shrubs and plantings.
(o) To the extent that PLAZA PARTNER applies pesticides to the interior Licensed Plaza, PLAZA PARTNER or any subcontractor, shall comply with Title 17 of Chapter 12 of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locksNew York City Administrative Code.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Sources: Licensing Agreement
Maintenance. Lessee covenants as followsLANDLORD agrees to do any reasonable maintenance or structural repairs that are needed to the UNIT. TENANT agrees to keep the UNIT clean, neat and safe. LANDLORD shall act with customary due diligence to:
a. That Lessee will(a) keep Community Common Areas of the PROPERTY (but not Common Areas in the UNIT, which shall be the responsibility of TENANT) reasonably clean;
(b) maintain fixtures, furniture, hot water, heating, and A/C equipment;
(c) substantially comply with applicable federal, state, and local laws regarding safety, sanitation, and fair housing; and
(d) make all reasonable repairs, subject to TENANT’s obligation to pay for damages for which TENANT is liable. LANDLORD may temporarily turn off equipment and/or interrupt utilities to the UNIT and/or the PROPERTY to avoid property damage or to perform work requiring such interruption as determined in LANDLORD’s sole judgment. LANDLORD will not be liable for any inconvenience, discomfort, disruptions, or interference with TENANT’s use of the UNIT or the PROPERTY because LANDLORD is making repairs, alterations, or improvements to the UNIT or the PROPERTY. If TENANT requests any repairs, and LANDLORD approves such request, the repairs will be done during LANDLORD’s usual working hours unless TENANT requests in writing that such repairs be done during other hours and such request is approved by LANDLORD. If LANDLORD approves an off-hours request TENANT will have to pay in advance any additional charges resulting from such request. TENANT agrees to take reasonable steps in order to prevent or minimize the growth of mold and mildew within the UNIT. To prevent or minimize the occurrence and growth of mold in the UNIT, TENANT hereby agrees to the following: TENANT is responsible for replacing the HVAC filter at its own least four times during the TERM at TENANT’s expense, replace . TENANT may purchase filters from LANDLORD at a cost of $5.00 each. TENANT shall (a) remove any glass broken visible moisture accumulation in or on the Premises UNIT, including on walls, windows, floors, ceilings, and repairbathroom fixtures, restore(b) mop up spills and thoroughly dry affected area as soon as possible after occurrence, (c) use exhaust fans in the kitchen and bathroom(s) when necessary, and (d) keep climate and moisture in the UNIT at reasonable levels. TENANT shall clean and dust the UNIT regularly, and shall keep the UNIT, particularly the kitchen and bathroom(s), clean and dry. Any water leak, excessive moisture, or replace all partitions standing water inside the UNIT or any Common Areas. Mold or mildew growth in or on the UNIT that persists after TENANT has tried to remove it with an appropriate household cleaning solution, such as Lysol or Pine-Sol disinfectants, Tilex Mildew Remover, or Clorox, or a combination of water and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to bleach. A malfunction in any part of the Premises necessitated heating, air-conditioning, or other system in the UNIT. Pest infestations or the need for pest control treatment (which notice shall constitute permission to enter the UNIT for purposes of performing inspections or treatments related thereto). TENANT shall be liable to LANDLORD for damages sustained to the UNIT or the PROPERTY caused by TENANT’s failure to comply with the act terms of this Paragraph 26, and LANDLORD shall not be liable for any damages sustained to TENANT’s person or neglect property as a result of any such failure. TENANT is responsible for all pest control, except that LANDLORD shall provide an initial pest control treatment if the need for such treatment is reported to LANDLORD in writing within 10 days after move-in. If LANDLORD incurs the cost of pest control in the UNIT or the PROPERTY as a result of the Lessee actions or its agentsinactions of any tenant in the UNIT, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of all tenants in the structure of the Premises without written approval of Lessor. This UNIT shall be deemed to include responsible for the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for hereincost thereof.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. Lessee covenants as follows:
a. That Lessee willThe Tenant(s) shall maintain and keep in good repair and condition the inside of the premises and its appurtenance, at which shall include all electrical installations, wall plugs, light points, light shades, windows, window catches, water taps, pipes, door handles, door locks, floor or fitted carpets and sanitary appliances, etc. He/she shall keep the drain free of obstruction. At the expiration of his/her tenancy, the Tenant(s) shall re-deliver the premises, its own expense, replace any glass broken on the Premises contents and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs appurtenance to the interior of the Premises, including, but not limited to, repairs to the air conditioners Landlord in a good clean order and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing condition and electrical fixtures, shall at his/her own cost and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise charge replace any of the remedies provided aforementioned articles which may be missing, damaged or broken. If, during the currency of the tenancy any repairs or repainting have to be effected to any portion of the inside of the said premises or to any appurtenance contained therein or any replacements have to be made, it shall be obligatory for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free Tenant(s) to bear the cost thereof. The Landlord reserves the right to effect such repairs or repainting at the expense of rubbish, debris, the Tenant(s) and also in such condition as to reclaim the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of cost thereof. The Tenant(s) shall be liable for all damage caused by fireneglect or omission of himself, casualty his/her family, servants and visitors. No alterations to colour scheme, or other insurable causeadditions or improvements to the leased premises whether structural or otherwise shall be effected by the Tenant(s) without consent in writing of the Landlord. Lessee further agrees at its sole cost No carpets shall be fitted without consent in writing of the Landlord. Under no circumstances shall the Landlord be liable to compensate the Tenant(s) for any alterations, repairs, improvements or additions to the leased premises, without consent in writing prior to carrying out any alterations, repairs, improvements or additions. The Landlord shall keep the outside of the property in good repair. The Tenant(s) shall be responsible for the care and expense, maintenance of the garden and grounds. Should the Tenant(s) fail to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to this condition the maintenance of and occupancy of said Premises.
f. That Lessee Landlord shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during right from time to time to employ a gardening contractor to give effect to these provisions at the term expense of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or soonerTenant(s).
Appears in 1 contract
Sources: Lease Agreement
Maintenance. Lessee covenants as followsa. Landlord shall:
1. Maintain all common areas and facilities in a safe condition;
2. Maintain all equipment and appliances provided by Landlord in safe and working order (Landlord is not obligated to repair, replace and/or service any appliance provided by Tenant(s));
a. That Lessee willAppliances provided by Landlord are: range/oven (stove), refrigerator, washer, dryer
3. Provide normal repairs and preventative maintenance services and replacements necessary to put and keep the Premises in a fit and habitable condition;
4. Provide extermination services, as necessary (Landlord reserves the right to ▇▇▇▇ ▇▇▇▇▇▇(s) for any related charges if extermination services are required due to Tenant(s)’ failure to maintain the Premises, at its own expenseLandlord’s discretion); and
5. Maintain exterior grounds, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any causeunless otherwise noted in this Lease.
b. That Lessee shall make Tenant(s) shall:
1. Keep the Premises clean;
2. Use all nonstructural repairs appliances, electrical equipment (including proper usage of power strips), fixtures and equipment in a safe manner and only for the purposes for which they are intended;
3. Not litter the grounds or common areas;
4. If ▇▇▇▇▇▇(s) resides in a one‐, two‐ or three‐unit building, be responsible for snow removal and any contractor or service provider hired by ▇▇▇▇▇▇(s) to the interior provide snow removal;
5. Not destroy, deface, damage or remove any part of the Premises, includingcommon areas or grounds;
6. Give Landlord prompt notice of any defects in the plumbing, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, appliances, heating and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of cooling equipment or any nature to any other part of the Premises necessitated by or related facilities;
7. Keep all plumbing fixtures such as toilets, tubs and sinks in a clean and sanitary condition and avoid depositing any material that is likely to obstruct and interfere with the act or neglect proper functioning of the Lessee or its agents, employees or invites such fixtures;
8. Remove garbage and other than those resulting waste from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval in a clean and safe manner; and
9. Arrange for any required bulk pick‐up of Lessortrash and garbage, if necessary. This Tenant(s) shall be deemed reimburse Landlord for any costs expended due to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor excessive/abnormal damage to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereofcommon area, without any equipment or appliance thereon. Any payment pursuant to an invoice for such costs shall be due within thirty (30) days of receipt by ▇▇▇▇▇▇(s), unless arrangements have otherwise been made in each case a writing signed by ▇▇▇▇▇▇(s) and Landlord. For the consent of Lessor in writing. Lessee shall, however, have the right, during the term purpose of this LeaseSection, “excessive/abnormal damage” includes without limitation, broken glass, toilet stoppage, excessive damage to remove its trade fixtures doors and mechanical equipment however affixed to the realtywalls, and Lessee covenants promptly damage to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required appliances. Landlord also reserves the right to be removed by Lessor pursuant to this Lease, charge Tenant(s) for costs associated with ‘false alarm’ maintenance requests in which shall not have been removed by Lessee on the expiration service provider finds the appliance or soonerfixture in proper working order.
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. Lessee covenants (a) By entry hereunder, Tenant accepts the Premises as follows:
a. That Lessee willbeing in good and sanitary order condition and repair and accepts the Building and the other improvements in their present condition. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. During the term of the Lease, at its own expense, replace any glass broken on Tenant shall keep the Premises and every part thereof in good condition and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its Tenant's sole cost and expense. The Tenant agrees on the last day of the term hereof, or on the sooner termination of this Lease, to perform, fully obey surrender the Premises to Landlord in good condition and comply repair with all ordinancesinterior walls cleaned, rules regulations all interior painted surfaces repainted in original color, all holes in walls repaired, all stained or damaged suspended ceiling tiles replaced, all carpets shampooed and laws of cleaned, and all public authoritiesfloors cleaned and waxed. Tenant also agrees to surrender to Landlord all alterations, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, and improvements and alterations which may have been made in, to, or on the Premises by Lessor or by Lessee Tenant, except as herein provided, and that Tenant shall not alter ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part thereofor parts thereof restored to their condition as of the commencement of this Lease. If Landlord shall so desire, without in each case then Tenant shall restore the consent Premises or such part or parts thereof before the termination of Lessor in writingthis Lease at Tenant's sole cost and expense. Lessee shall, however, have Tenant on or before the right, during end of the term or sooner termination of this Lease, to shall remove all its personal property and trade fixtures and mechanical equipment however affixed to from the realtyPremises, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, all property not required so removed shall be deemed to be removed abandoned by Lessor pursuant to Tenant. If the Premises is not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding Tenant founded on such delay.
(b) Notwithstanding the provisions of ▇▇▇▇▇▇▇▇▇ ▇▇(▇), ▇▇▇▇▇▇▇▇ shall repair and maintain the roof, exterior walls, and foundation of the Building, and plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord, and parking and landscaped areas and all other common areas appurtenant to the Building, as provided in Paragraph 7(b), unless such maintenance and repairs are necessitated in part or in whole by the act, neglect, fault or omission of any duty by Tenant, or its agents, servants, employees or invitees, in which case Tenant shall not have been removed pay to Landlord the entire cost of such maintenance and repairs.
(c) Tenant hereby waives Section 1932.1 of the Civil Code of California, as well as all rights to make repairs at Landlord's expense under Sections 1941.1, 1942 and 1942.1 of the said Code, or any similar or successor laws. Except as provided in Paragraph 23 hereof, there shall be no abatement of rent and no liability of Landlord by Lessee on reason of any injury or interference with Tenant's business arising from the expiration making of any repairs, alterations or soonerimprovements to any portion of the Building or the Premises or to fixtures, appurtenances and equipment therein.
Appears in 1 contract
Sources: Office Lease (Salix Holdings LTD)
Maintenance. (a) Lessee covenants as follows:
a. That Lessee will, at its own expense, replace any glass broken on shall keep the Premises in a reasonably clean and repairneat condition, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by repairing any cause.
b. That Lessee shall make all nonstructural repairs damage to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any Premises caused in whole or in part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees employees, customers, licensees, or invites other than those resulting from fireinvitees, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of by the structure misuse of the Premises without written approval by Lessee or its agents, employees, customers, licensees, or invitees. The reasonable cost of Lessor. This any such repairs that are performed by Lessor at the request of Lessee, plus an administrative fee of eight percent (8%) of such costs, shall be deemed reimbursed within ten (10) days following Lessor’s delivery to include the floor slabs, perimeter walls and the roof Lessee of written invoice therefor. Lessor will keep the Premises in a dry and tenantable condition and will maintain in a good state of repair, maintenance and condition the following items, excluding damages caused by normal wear and tear and damages caused by persons other than Lessee or its agents, employees, customers, licensees or invitees: (i) Building standard items located within the Premises including without limitation, all exterior windows, interior light fixtures, doors, electrical and plumbing systems and mechanical installations and or systems and (ii) the Building corridors, lobbies, common areas and structural members and equipment used to provide those services to Lessee and other tenants as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for set forth herein.
e. That (b) Lessor shall be responsible for installation of the Remote Facility System in accordance with the Plans and shall assign to Lessee will keep all warranties relating thereto; and Lessee shall be responsible for maintenance and repair of the entire Remote Facility System thereafter.
(c) Lessor agrees to furnish Lessee the following services: (i) central heat and air conditioning in season serving the Building common areas and the Premises; (ii) electrical lighting service and Building standard bulb replacement for fixtures that are part of the Leasehold Improvements; (iii) janitorial services Mondays through Fridays, exclusive of normal and traditional business holidays, for similar buildings in Mobile, Alabama, including adjoining sidewalks free periodic cleaning of rubbish, debrisfloors and carpeting as necessary, and also otherwise in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require accordance with the exception written standards provided by Lessor to Lessee; and (iv) Building standard amounts of damage caused electrical current, but not less than that as specified in the Plans. All costs incurred by fire, casualty or other insurable cause. Lessee further agrees at its sole cost Lessor in performing such maintenance and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating repairs shall (subject to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without provisions excluding certain operating expenses from Operating Costs in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or soonerSection 2.02)
Appears in 1 contract
Sources: Office Lease Agreement (Banctrust Financial Group Inc)
Maintenance. Lessee covenants as follows:
a. That Lessee will, at its own expense, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, (a) The following facilities (but not limited to, repairs to ) shall be provided by the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any Lessor as part of the Premises necessitated Maintenance of the Building for which the sum defined in Section 6 (of the Lease Deed) as Maintenance Rent shall be charged to the Lessee
(i) Twenty-Four hour Security Guards at all entry and exit points from the Campus. These security Guards shall perform routine checks for all inward and outward movement of men, material and machinery. The Lessee shall provide for Security at its expense at all entry and exit points of the Office Space.
(ii) Housekeeping shall be carried out and limited to common areas (Lobbies, Fire Escape Stairs, Internal Staircases, Parking, Roads, Pathways, Courtyard, fountains & landscape gardens). The Lessee shall carry out housekeeping inside the Office Space.
(iii) General Pest and rodent Control measures shall be carried out in the common areas and around the Buildings. Lessee shall arrange for carrying out General Pest and rodent control activities inside the Office Space.
(iv) Civil Maintenance of the structures, roads and pathways shall be carried out from time to time or as and when required to maintain them for regular use. Such maintenance shall normally include waterproofing, painting, plastering, flooring, plumbing etc. The Lessor shall not be responsible for any damages caused to structure by the act or neglect Lessee. Such damages shall be rectified at the cost of Lessee to be included as Reimbursements.
(v) Maintenance of all the Equipment provided by the Lessor as part of facilities and amenities in the Rent. This includes preventive maintenance, routine maintenance, annual maintenance, spares etc. The Lessor will ensure minimum breakdown of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable causeequipment and restore the services at the earliest.
d. That (vi) Regular maintenance in respect of electrical installations provided by the Lessor as part of facilities and amenities in the Rent. The work generally includes replacement of electrical consumables, replacement of light fittings and consumables etc. The Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided is responsible for hereinhis demised premises.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Maintenance. Lessee covenants as follows:
a. That Lessee will, at its own expense, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, (a) The following facilities (but not limited to, repairs to ) shall be provided by the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any Lessor as part of the Premises necessitated Maintenance of the Building for which the sum defined in Section 6 (of the Lease Deed) as Maintenance Rent shall be charged to the Lessee
(i) Twenty-Four hour Security Guards at all entry and exit points from the Campus. These security Guards shall perform routine checks for all inward and outward movement of men, material and machinery. The Lessee shall provide for Security at its expense at all entry and exit points of the Office Space.
(ii) Housekeeping shall be carried out and limited to common areas (Lobbies, Fire Escape Stairs, Internal Staircases, Parking, Roads, Pathways, Courtyard, fountains & landscape gardens). The Lessee shall carry out housekeeping inside the Office Space.
(iii) General Pest and rodent Control measures shall be carried out in the common areas and around the Buildings. Lessee shall arrange for carrying out General Pest and rodent control activities inside the Office Space.
(iv) Civil Maintenance of the structures, roads and pathways shall be carried out from time to time or as and when required to maintain them for regular use. Such maintenance shall normally include waterproofing, painting, plastering, flooring, plumbing etc. The Lessor shall not be responsible for any damages caused to structure by the act or neglect Lessee. Such damages shall be rectified at the cost of Lessee, to be included as Reimbursements.
(v) Maintenance of all the Equipment provided by the Lessor as part of facilities and amenities in the Rent. This includes preventive maintenance, routine maintenance, annual maintenance, spares etc. The Lessor will ensure minimum breakdown of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable causeequipment and restore the services at the earliest.
d. That (vi) Regular maintenance in respect of electrical installations provided by the Lessor as part of facilities and amenities in the Rent. The work generally includes replacement of electrical consumables, replacement of light fittings and consumables etc. The Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided is responsible for hereinhis demised premises.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Maintenance. Lessee covenants as follows:
a. That Lessee will(a) Landlord shall keep, at its own expense, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixturesmaintain, and repair the doors Property and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, including, without limitation, the Improvements, in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures good condition and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removalrepair; provided, however, that Tenant shall be responsible at its sole cost and expense for all maintenance, repairs or replacements which are necessary to keep the Property or any part thereof in good condition and repair which arise as a result of (i) the gross negligence or willful misconduct of Tenant, its employees, agents, contractors, licensees or invitees, or (ii) the failure of Tenant to report any such trade fixtures maintenance, repairs or replacements pursuant to Section 9(c).
(b) Notwithstanding the foregoing, Landlord's total out-of-pocket expenses incurred in connection with this Section 9 shall not in any event exceed Ninety Thousand and mechanical equipmentNo/100 Dollars ($90,000.00) per Lease Year (the "Maintenance Expense Cap"), and Landlord shall not be required to (i) make any expenditure in excess of the Maintenance Expense Cap or (ii) perform any maintenance, repairs or replacements if the cost of said maintenance, repairs or replacements would exceed the Maintenance Expense Cap. Landlord may, in its sole discretion and upon Tenant's request, perform or cause to be removed by Lessor pursuant to this Leaseperformed such maintenance, which shall not have been removed by Lessee repairs or replacements in excess of the Maintenance Expense Cap. All maintenance, repairs and replacements on the expiration Property or soonerImprovements shall be performed by and at the direction of Landlord and with contractors and subcontractors approved by Landlord in its sole discretion. To the extent that any maintenance, repairs and replacements are at Tenant's cost and expense, Tenant shall reimburse Landlord within ten (10) days of the completion of said maintenance, repair or replacement for all costs incurred by Landlord, plus Interest from the date such expense was incurred by Landlord to the date that the full amount to be reimbursed plus all Interest accrued thereon has been paid to Landlord.
(c) Tenant shall promptly inform Landlord of all maintenance, repairs or replacements which are required to the Property during the Term and Landlord shall have no liability to Tenant for the failure to make any repairs to the extent Tenant has not provided such notice to Landlord.
(d) For the avoidance of doubt, Tenant shall be solely responsible for all of Tenant's operations at the Facility and Landlord shall have no obligation to provide any labor or services in connection with such operations.
Appears in 1 contract
Sources: Lease Agreement (Southwest Iowa Renewable Energy, LLC)
Maintenance. Lessee covenants as follows:
a. That Lessee will10.1 Pursuant to this short stay rental agreement, the tenant is obligated to carry out minor repairs to, on, or within the leased property, including the minor repairs specified in the Minor Repairs Regulation. The landlord is obligated, at its the tenant's request, to rectify other defects, unless it is impossible or requires expenses that cannot reasonably be expected from the landlord in the given circumstances. Both parties will promptly and properly, at their own expense, replace make or have the necessary arrangements, including renewals, which are required by the law, any glass broken legal regulations, or agreed conditions.
10.2 The provisions of Article 10.1 do not affect the tenant's obligation to maintain, repair, and renew the facilities made or assumed by the tenant as mentioned in Article 4.
10.3 The minor repairs to be borne by the tenant will be carried out by or on behalf of the landlord if this maintenance is included in the supply of goods and services provided by or on behalf of the landlord related to the occupancy of the leased property as specified in Article 6 of the short stay rental agreement.
10.4 The above does not exempt each party from their obligation to make arrangements at their own expense as a result of intent, fault, negligence, or improper use by themselves or persons for whom they are liable.
10.5 If the landlord deems it necessary to carry out maintenance, repair, renewal, or other work on the Premises leased property or the building or complex of buildings to which the leased property belongs, or on neighboring properties, or if they are required due to government requirements or measures or by utility companies, the tenant will grant access to the property to individuals necessary for carrying out such work, tolerate the work and any inconvenience, without being entitled to claim compensation, a reduction in payment obligation, or termination of the short stay rental agreement. The landlord will engage in timely consultation with the tenant regarding the timing of the work.
10.6 If either party fails to carry out maintenance, repair, restoreor renewal at their own expense or fails to carry them out properly, the other party is entitled to perform or replace all partitions have these works carried out at the expense and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior risk of the Premisesparty at fault, including, but not limited to, repairs to the air conditioners and heating units after providing written notice of default with a maintenance contract that is reasonably satisfactory reasonable period for performance. If the works to Lessorbe borne by the tenant cannot tolerate delay, the plumbing and electrical fixtures, and landlord is entitled to immediately perform or have them carried out at the doors and lockstenant's expense.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Sources: Short Stay Rental Agreement
Maintenance. Lessee covenants as followsLANDLORD agrees to do any maintenance or structure repairs that are needed to the UNIT. TENANT agrees to keep the UNIT clean, neat and safe. LANDLORD shall act with customary due diligence to:
a. That Lessee will(a) keep Common Areas of the PROPERTY (but not the UNIT, which shall be the responsibility of TENANT) reasonably clean;
(b) maintain fixtures, furniture, hot water, heating, and A/C equipment;
(c) substantially comply with applicable federal, state, and local laws regarding safety, sanitation, and fair housing; and
(d) make all reasonable repairs, subject to TENANT’S obligation to pay for damages for which TENANT is liable. LANDLORD may temporarily turn off equipment and/or interrupt utilities to the UNIT and/or the PROPERTY to avoid property damage or to perform work requiring such interruption as determined in LANDLORD’s sole judgment. LANDLORD will not be liable for any inconvenience, discomfort, disruptions or interference with TENANT’s use of the PROPERTY because LANDLORD is making repairs, alterations or improvements to the UNIT or the PROPERTY. If TENANT requests any repairs, and LANDLORD approves such request, the repairs will be done during LANDLORD’s usual working hours unless TENANT requests in writing that such repairs be done during other hours and such request is approved by LANDLORD. If LANDLORD approves such request TENANT will have to pay in advance any additional charges resulting from such request. TENANT agrees to take reasonable steps in order to prevent or minimize the growth of mold and mildew within the UNIT. To prevent or minimize the occurrence and growth of mold in the UNIT, TENANT hereby agrees to the following: TENANT is responsible for replacing the HVAC filter at its own least four times during the lease TERM at TENANT’s expense, replace . TENANT may purchase filters from LANDLORD at a cost of $5.00 each. TENANT shall (a) remove any glass broken visible moisture accumulation in or on the Premises UNIT, including on walls, windows, floors, ceilings, and repairbathroom fixtures, restore(b) mop up spills and thoroughly dry affected area as soon as possible after occurrence, (c) use exhaust fans in kitchen and bathroom when necessary, and (d) keep climate and moisture in the UNIT at reasonable levels. TENANT shall clean and dust the UNIT regularly, and shall keep the UNIT, particularly the kitchen and bath, clean and dry. Any water leak, excessive moisture, or replace all partitions standing water inside the UNIT or any Common Areas. Mold or mildew growth in or on the UNIT that persists after TENANT has tried to remove it with an appropriate household cleaning solution, such as Lysol or Pine-Sol disinfectants, Tilex Mildew Remover, or Clorox, or a combination of water and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to bleach. A malfunction in any part of the Premises necessitated heating, air-conditioning, or system in the UNIT. TENANT shall be liable to LANDLORD for damages sustained to the UNIT or the PROPERTY caused by TENANT’s failure to comply with the act terms of this section, and LANDLORD shall not be liable for any damages sustained to TENANT’s person or neglect property as a result of any such failure. TENANT is responsible for all pest control, except that LANDLORD shall provide an initial pest control treatment if the need for such treatment is reported to LANDLORD in writing within 10 days after move-in. If LANDLORD incurs the cost of pest control in the UNIT or the PROPERTY as a result of the Lessee actions or its agentsinactions of any tenant in the UNIT, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of all tenants in the structure of the Premises without written approval of Lessor. This UNIT shall be deemed to include responsible for the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for hereincost thereof.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. Lessee covenants LESSEE shall replace plate glass and other glass therein, acknowledging that the leased premises are now in good order and the glass whole. The LESSEE shall not permit the leased premises to be overloaded,
▇. ▇▇▇▇▇▇’S OBLIGATIONS damaged, stripped, or defaced, nor suffer any waste. LESSEE shall be shall not store trash or refuse in a manner so as follows:
a. That Lessee will, at its own expense, replace to attract rodents or other pests. ▇▇▇▇▇▇ shall obtain written consent of LESSOR before erecting any glass broken sign on the Premises and repairpremises. Except for the bathroom, restore, or replace all partitions and fixtures that may LESSEE shall otherwise be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to responsible for the interior cleanliness of the Premises, including, . ▇▇▇▇▇▇ shall maintain the temperature in the Premises at all times at a level so as to avoid the freezing of any pipes.
▇. ▇▇▇▇▇▇’▇ OBLIGATIONS The LESSOR shall be responsible for general maintenance of the utility apparatus serving the premises (including but not limited toto floors, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessorwalls, the ceilings, electric, plumbing and electrical fixturesHVAC system), and the doors and locks.
c. That Lessee shall make all except for repairs and, if necessary the replacement, or maintenance caused by ▇▇▇▇▇▇’▇ misuse of any nature such apparatus. The LESSOR agrees to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of maintain the structure of the Premises without written approval building of Lessor. This shall be deemed to include which the floor slabs, perimeter walls and leased premises are a part in the roof same condition as it is at the commencement of the Premises term or as well as any suspensions from the roof structure. A violation of this covenant shall it may be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also put in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Leaselease, reasonable wear and tear, damage by fire and other casualty only excepted, unless such maintenance is required because of the LESSEE or those for whose conduct the LESSEE is legally responsible. LESSOR shall provide a dumpster for use by LESSEE for trash disposal purposes and the emptying of such dumpster shall be LESSOR’s responsibility. The removal of snow and ice from the parking areas, driveways and walkways and sidewalks bordering upon and serving the leased premises shall be LESSOR’s responsibility. Such snow and ice removal shall include shoveling and sanding, as necessary. ▇▇▇▇▇▇ shall also be responsible for removal of snow and ice from the roof and ▇▇▇▇▇ of the building containing the Premises as necessary to remove its trade fixtures ensure that the accumulation of snow and mechanical equipment however affixed to ice does not compromise the realty, structural integrity of such building. LESSOR shall be responsible for cleaning and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on stocking the expiration or soonercommon bathroom serving the Premises.
Appears in 1 contract
Sources: Commercial Lease (Monterey Capital Acquisition Corp)
Maintenance. 7.1 The Lessee covenants as follows:
a. That Lessee will, at its own expense, replace is obliged to daily inspect the Rental Equipment condition and operation and is held to report any glass broken deviations on the Premises shortest notice to Aerzen Rental. The costs of repairs and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited tomaintenance, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs andreplacement of parts are payable by Aerzen Rental, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage costs caused due to high dust load, by firenegligence and/or a shortcoming on the part of the Lessee. This maintenance includes replacement of parts that are subject to wear and tear, casualty filters (excluding high dust load), lubricants and technical services (including travel time and expenses (within Europe), daily reimbursements and accommodation costs).
7.2 The Lessee must immediately notify Aerzen Rental of any maintenance that has become necessary. Maintenance and/or repairs may only be carried out by Aerzen Rental, unless the Lessee has been granted written approval to carry out the work himself or other insurable causehas arranged for this to be carried out. In the case of maintenance and/or repairs carried out by Aerzen Rental, the Lessee further agrees is required to offer the cooperation required by Aerzen Rental (forklift truck, crane, assembly, personnel), as well as free access. Any specific preparations required to access to the location must be specified as well.
7.3 Aerzen Rental is at its sole cost all times entitled to check the maintenance and expensecondition of the Rental Equipment or to arrange for this to be inspected. In that instance, the Lessee hereby undertakes to performoffer Aerzen Rental the cooperation and free access required by Aerzen Rental.
7.4 Aerzen Rental can remotely monitor the operation of the Rental Equipment and can notify the Lessee of any problems. Data obtained through remote monitoring is not stored in direct relation to the Lessee, fully obey but only in relation to the Rental Equipment. If the Lessee does not allow remote monitoring, which must be agreed on In Writing in the relevant case, maintenance and/or repairs will be payable by the Lessee and be charged according to the applicable service rates of Aerzen Rental. Remote monitoring gives no guarantee whatsoever for the correct operation of the Rental Equipment.
7.5 If Aerzen Rental believes that the Lessee does not observe or does not comply with all ordinances, rules regulations the directions and/or instructions of Aerzen Rental and/or the user and laws of all public authorities, boards and officers, relating maintenance instructions applicable to the maintenance Rental Equipment, Aerzen Rental will be entitled to retrieve the Rental Equipment and/or to restore its proper state of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor repair or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of arrange for this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Leaserestored, which shall not have been removed by Lessee on will be at the expiration or soonerexpense of the Lessee.
Appears in 1 contract
Sources: General Terms and Conditions
Maintenance. Lessee covenants as follows:
a. That Lessee 1. Tenant will, at its own expensesole cost, replace any glass broken on keep the Leased Premises in good condition and repair, restorenormal wear and tear, or replace all partitions insured casualty and fixtures that may be installed by it which are damaged or destroyed by any cause.condemnation excepted. Tenant's responsibility under this Paragraph IV.C.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including1. will include, but will not be limited to, repairs to the air conditioners maintenance and heating units with a maintenance contract that is reasonably satisfactory to Lessorrepair of all interior and exterior windows and doors, the plumbing hardware, locks, light fixtures, pipes, plumbing, and electrical fixtures, and the doors and locksconnections.
c. That Lessee shall make all repairs and2. Landlord, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, expense but which shall be reimbursed to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating Landlord to the extent part of Common Area Expenses, shall maintain the Base Building, the structural exterior walls (excluding the windows and doors), downspouts and roof of the Leased Premises, as long as such maintenance is not required because of and occupancy the acts or omissions of said PremisesTenant or its representatives, agents, employees, or visitors, in which event such maintenance shall be done by Landlord at Tenant's sole cost.
f. That Lessee shall remove no additions3. Tenant will not commit or suffer any waste of the Leased Premises and will assume responsibility for all maintenance and repair, improvements regardless of the nature, pertaining to the heating and/or air conditioning equipment. Tenant will secure and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, maintain during the term Lease Term, a full service contract on such mechanical equipment with a company reasonably acceptable to Landlord and providing at least the services outlined on the attached Exhibit H. Tenant must deliver a copy of such service contract to Landlord upon the commencement of the Lease Term and whenever a change of company or a change in such contract occurs. At the expiration of the Lease Term, Tenant must also deliver to Landlord a certification from the company regularly maintaining the mechanical systems in the Leased Premises, which certification must be based on an inspection conducted within thirty (30) days of the termination date of the Lease and which must state that all such systems are in good operating order and be in substantially the form attached as EXHIBIT I. Landlord or Landlord's representatives may enter the Leased Premises at any reasonable time and in the presence of an escort designated by Tenant to verify Tenant's compliance with this Lease, provided that notwithstanding anything to the contrary in this Lease, except in case of an emergency, Landlord shall provide notice of not less than twenty-four (24) hours, which may be verbal, prior to entering the Leased Premises under any provision of this Lease affording any rights to Landlord of repair, entry or inspection. In the event Tenant fails to maintain the mechanical equipment as provided in this Paragraph IV.C.3., Tenant will be liable to Landlord for any costs incurred by Landlord in maintaining or repairing such mechanical equipment.
4. At the expiration or termination of the Lease, Tenant will leave the Leased Premises clean and at least in the same good condition (reasonable wear and tear excepted) as when the Lease Term began. Tenant will remove all of its property and possessions from the Leased Premises except to the extent provided by Paragraph IV.B. above. Any items of Tenant's personalty remaining in the Leased Premises after the termination of the Lease shall be deemed abandoned by Tenant and become the sole property of Landlord. Notwithstanding the foregoing, any costs incurred by Landlord in storing and/or disposing of such abandoned property shall remain the sole obligation of Tenant, which obligation shall survive the termination of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner.
Appears in 1 contract
Sources: Lease Agreement (Genvec Inc)
Maintenance. Lessee covenants as follows▇▇▇▇▇▇▇▇ agrees to do any maintenance or structure repairs that are needed to the UNIT. TENANT agrees to keep the UNIT clean, neat and safe. LANDLORD shall act with customary due diligence to:
a. That Lessee will(a) keep common areas reasonably clean;
(b) maintain fixtures, furniture, hot water, heating, and A/C equipment;
(c) substantially comply with applicable federal, state, and local laws regarding safety, sanitation, and fair housing; and
(d) make all reasonable repairs, subject to TENANT’S obligation to pay for damages for which TENANT is liable. LANDLORD may temporarily turn off equipment and/or interrupt utilities to TENANT’S UNIT, TENANT’S Building and/or the PROPERTY to avoid property damage or to perform work requiring such interruption as determined in LANDLORD’S sole judgment. LANDLORD will not be liable for any inconvenience, discomfort, disruptions or interference with TENANT’S use of the PROPERTY because LANDLORD is making repairs, alterations or improvements to the PROPERTY, the UNIT, the Building or the PROPERTY. If TENANT requests any repairs, and LANDLORD approves such request, the repairs will be done during LANDLORD’S usual working hours unless TENANT requests in writing that such repairs be done during other hours. If LANDLORD approves such request TENANT will have to pay in advance any additional charges resulting from such request. TENANT agrees to take reasonable steps in order to prevent or minimize the growth of mold and mildew within the UNIT. To prevent or minimize the occurrence and growth of mold in the UNIT, TENANT hereby agrees to the following: TENANT is responsible for replacing the HVAC filter at its own least four times during the lease TERM at TENANT’S expense, replace . TENANTs may purchase filters from LANDLORD at cost of $5.00 each. TENANT shall (a) remove any glass broken visible moisture accumulation in or on the Premises UNIT, including on walls, windows, floors, ceilings, and repairbathroom fixtures, restore(b) mop up spills and thoroughly dry affected area as soon as possible after occurrence, (c) use exhaust fans in kitchen and bathroom when necessary, and (d) keep climate and moisture in the UNIT at reasonable levels. TENANT shall clean and dust the UNIT regularly, and shall keep the UNIT, particularly the kitchen and bath, clean and dry. TENANT shall promptly notify LANDLORD in writing of the presence of any of the following conditions: A water leak, excessive moisture, or replace all partitions standing water inside the UNIT or any Common Areas. Mold or mildew growth in or on the UNIT that persists after TENANT has tried to remove it with household cleaning solution, such as Lysol or Pine-Sol disinfectants, Tilex Mildew Remover, or Clorox, or a combination of water and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to bleach. A malfunction in any part of the Premises necessitated by heating, air-conditioning, or ventilation system in the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of LessorUNIT. This TENANT shall be deemed liable to include LANDLORD for damages sustained to the floor slabs, perimeter walls and UNIT or to TENANT’S person or property as a result of TENANT’S failure to comply with the roof of the Premises as well as any suspensions from the roof structure. A violation terms of this covenant Section 26. If LANDLORD incurs the cost of pest control in TENANTS UNIT or the PROPERTY as a result of TENANT’S actions all TENANTS in the UNIT shall be deemed a default under this Lease entitling Lessor responsible for the cost. TENANT is responsible for all pest control in its UNIT except for any treatments reported to exercise any of the remedies provided for hereinLANDLORD within 10 days after move-in.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. A. During the Term of this Lease, Lessee covenants as followsat Lessee’s expense:
a. That Lessee will1. Shall maintain and keep the Helicopter, at its own expenseengines, replace any glass broken on the Premises components, appliances, accessories, instruments and repair, restore, or replace all partitions equipment in good order and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior repair in strict compliance with FAA requirements (and without limitation of the Premisesforegoing), including, but not limited to, repairs cause to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make be performed on all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure Helicopter and its engines all mandatory Airworthiness Directive (“AD’s”), Special Federal Aviation Regulations (“SFAR’s”) and all manufacturer’s service bulletins the compliance date of which shall fall during the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation Term of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debrisLease, and also in such condition as accordance with all manufacturer’s manuals or Lessee’s FAA approved maintenance programs.
2. Shall replace the Board of Health Helicopter components, appliances, accessories, instruments and Board of Fire Underwriters having authority equipment, any and all engines, parts, applicants, instruments, or accessories which may become defective, lost, destroyed or otherwise rendered unfit for use during the lease period in such matters may lawfully require accordance with the exception terms and conditions of damage caused by firethis Lease.
3. Shall perform all overhauls, casualty checks, inspections and maintenance service to all parts of the helicopter and its engines required to keep them in the condition required under this Lease.
4. May make such modifications, changes or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating alterations to the maintenance of Helicopter or its engines as Lessee may determine and occupancy of said Premises.
f. That Lessee as Lessor shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor first approve in writing. Lessee shallLessor shall respond within five days and will not unreasonably withhold such approval. Lessor shall bear no liability for the cost of any such modification, however, have change or alteration to the right, during Helicopter or its engines whether in the term event of grounding or suspension of certification or for any other cause. At the end of the Term of this Lease, at Lessor’s option, Lessee shall (i) at its cost remove any equipment or alterations that it installed and return the Helicopter as was received, except that the New Interior will be maintained in the Helicopter or (ii) sell such alterations or equipment (provided that Lessor shall not be obligated to remove pay any amount for the New Interior) to Lessor at Lessee’s cost less depreciation calculated monthly over an assumed five year depreciable life. It is understood that Lessor may exercise the option referred to in the preceding sentence with respect to one or more of the pieces of equipment or alterations installed by Lessee.
5. Shall be responsible for all required inspections of the Helicopter and its trade fixtures engines and mechanical licensing or re-licensing the Helicopter in accordance with all applicable FAA and other applicable governmental requirements. Lessee shall at all times cause the Helicopter to have on board a current U.S. Certificate of Airworthiness issued by the FAA.
6. All inspections, maintenance, modifications, repairs and overhauls of the Helicopter or its engines, components, appliances, accessories, instruments or equipment however affixed shall be performed by personnel authorized to perform such services by the realty, FAA.
7. Shall at all times have the Helicopter’s engines and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Leasetransmission on a “Power By the Hour” program, which is approved by Lessor. Lessee shall not use its best efforts to have been removed by Lessee the “Power By The Hour” agreement assigned at the end of the Term.
8. Shall inspect and clean the Helicopter on the expiration or soonera regular basis.
Appears in 1 contract
Maintenance. Lessee covenants as follows:
a. That Lessee will, at its own expense, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee Tenant shall, however, have the right, during throughout the term of this Lease, to remove its trade take good care of the leased premises and the fixtures and mechanical equipment however affixed appurtenances therein. Tenant shall be responsible for all damage or injury to the realtyDemised Premises or any other part of the Demised Premises and Warehouse and the systems and equipment thereof, and Lessee covenants promptly to repair any damage whether requiring structural or non-structural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant’s subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the installation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the Demised Premises caused by the moving of Tenant’s fixtures, furniture and equipment. Landlord shall maintain in good working order and repair the exterior and the structural portions of the Demised Premises as well as the public portions of the Building interior and the Building plumbing and electrical systems located outside of but serving the leased premises. Landlord shall maintain in good working order and repair the heating, air-conditioning and ventilating systems located within the Demised Premises. All of Landlord’s expenses incurred in the maintenance of the Demised Premises shall be considered operating expenses payable by Tenant as additional rent in accordance with Section 5 of this Lease. Tenant shall maintain in good working order and repair those portions of utility systems, including but not limited to, plumbing, electrical and lighting systems (including the purchase and replacement of light bulbs), located within the Demised Premises. Tenant agrees to give prompt notice of any defective condition in the Demised Premises for which Landlord may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord or others making repairs, alterations, additions or improvements in or to any portion of the Demised Premises or in and to the fixtures, appurtenances or equipment thereof, provided Landlord is prosecuting such removal; providedrepairs, howeveralterations, additions or improvements with reasonable diligence. It is specifically agreed that Tenant shall not be entitled to any set off or reduction of rent by reason of any failure of Landlord to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant’s sole remedy at law in such trade fixtures and mechanical equipment, not required to instance will be removed by Lessor pursuant to way of an action for damages for breach of contract. Upon the expiration or other termination of the term of this Lease, which Tenant shall not have been removed by Lessee on quit and surrender to Landlord the expiration or soonerDemised Premises, broom-clean, and in good order and condition, ordinary wear excepted, and Tenant shall remove all of its property.
Appears in 1 contract
Sources: Lease (Curagen Corp)
Maintenance. The Lessee covenants as followsshall:
a. That Lessee will13.1 advise the Lessor within 14 (FOURTEEN) Days after occupying the premises of any defects in the premises or of any keys, locks windows and electrical installations and fittings which are in a defective state or missing articles and of the condition of the premises.
13.2 at its own expense, replace expense keep and maintain the interior of the leased premises including the paint work in good order and shall do any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that painting which may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs necessary from time to time to the interior of the Premisesleased premises;
13.3 keep the premises free of insect infestation and in a clean, includingtidy and sanitary condition;
13.4 not cause or permit the obstruction or blockage of sewerage pipes, water pipes and drains in use in connection with the premises, but not limited toshall throughout the currency of this agreement maintain such sewerage pipes, repairs to the air conditioners water pipes and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locksdrains free from any such obstructions or blockage.
c. That Lessee 13.5 shall make repair and/or replace all repairs andfluorescent tubes, ballasts and electric light globes, locks, keys, windows, glazing window fittings, electrical fittings (including electrical hot water geyser, if necessary any) and other interior fittings that may be damaged, destroyed or lost from time to time in the replacementleased premises.
13.6 The –air-conditioning / evaporative cooling system to be serviced by the Tenant at its sole cost. This service will mean the normal day to day maintenance required and will include replacement or reconditioning of a compressor, fan motors or electrical components such as contactors, transformers or repairing gas leaks. The Lessor shall:
13.7 maintain the exterior structure of the building, fair wear and tear excepted:
13.8 not be under any obligation to make any repairs, maintenance or alterations of any nature to the leased premises, to comply with the requirements of any part of licensing authority, health official, factories inspector or official, fire inspector or any other official or authority but shall not unreasonably withhold its consent to the Premises necessitated carrying out by the act Lessee at his/its expense of any such work, maintenance, alterations or neglect repairs provided that the Lessor shall be entitled to require same to be effected by a builder or with the approval of or under the supervision of an architect approved by the Lessor, and the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications not be entitled to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as compensation for any suspensions from the roof structure. A violation work or improvements effected by him in terms of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for hereinclause.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Sources: Lease Agreement
Maintenance. Lessee covenants Except as follows:
a. That Lessee willprovided otherwise in this Lease, at its own expense, replace any glass broken on TENANT shall be wholly responsible for the Premises maintenance and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to repair of the interior of the Leased Premises, includingand will keep it in as good condition as when turned over to TENANT, but not limited toreasonable wear and tear and damage by fire and the elements or other casualty excepted. TENANT agrees to keep the Leased Premises in a clean, repairs orderly and sanitary condition and will neither do nor permit to be done therein anything which is in violation of insurance policies on the Building or that is contrary to law. TENANT, at TENANT's option, may contract directly for janitorial services for the Leased Premises or may require LANDLORD to provide janitorial services for the Leased Premises, which LANDLORD will ▇▇▇▇ to TENANT. TENANT will neither commit nor suffer waste to the air conditioners Building or to the Leased Premises. The maintenance and heating units with a maintenance contract that is reasonably satisfactory repair obligations of TENANT specifically extend to Lessorall interior walls, the interior doors, interior windows, plumbing and electrical fixturesfixtures within the Leased Premises, except as these obligations may be covered by manufacturer or contractor warranties. LANDLORD agrees to cooperate with and reasonably assist TENANT in pursuing such warranties which are still in effect. LANDLORD agrees to manage, operate and maintain the Building (including the common areas, the grounds and all Building systems) (including repair and replacement, as necessary) except any portion which any tenant is obligated to maintain (which portion LANDLORD will cause to be maintained by such tenant), as a first-class office-showroom building, in a manner and with expenditures consistent with first-class office-showroom buildings of similar size and age in the Minneapolis-St. ▇▇▇▇ metropolitan area such as ▇▇▇▇▇ Plaza and ▇▇▇▇▇▇▇ ▇▇▇▇. LANDLORD will provide inspections and maintain, repair and replace any elevator (or part thereof) serving the Leased Premises exclusively, and will have the doors right to ▇▇▇▇ 100% of the cost of doing so to TENANT, except for capital expenditures which will be amortized as provided above. LANDLORD will maintain in good condition and locks.
c. That Lessee shall repair (including replacement, if necessary) at its sole expense, all structural components and exterior surfaces (including plate glass) of the Building and, in addition, will make all repairs and, if necessary or replacements to the replacement, of any nature to any part structures and improvements of the Leased Premises necessitated and the Building, including without limitation, the surfaces of the parking and outside areas, where such repairs or replacements are occasioned by design or construction defects covered by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under warranty granted in this Lease entitling Lessor with respect to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require new construction with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating respect to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Leased Premises or any part thereofthe Building or latent or inherent defects in the structures or improvements or are covered by warranties. In addition, without in each case LANDLORD will make all replacements to the consent of Lessor in writing. Lessee shall, however, have Leased Premises or the right, Building which are reasonably necessary during the term Term. LANDLORD may not include any of the expenses arising under this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or soonerparagraph as an Operating Expense.
Appears in 1 contract
Sources: Office/Service Building Lease (Summit Medical Systems Inc /Mn/)
Maintenance. Lessee Repair, Restoration, Prior Liens, Parking. The Mortgagor covenants that, so long as followsany portion of the Indebtedness remains unpaid, the Mortgagor will:
a. That Lessee will(a) promptly repair, at its own expense, replace restore or rebuild any glass broken useful Improvements now or hereafter on the Premises which hereafter may become damaged or destroyed to a condition substantially similar to the condition immediately prior to such damage or destruction, whether or not proceeds of insurance are available or sufficient for the purpose, provided that the Mortgagor shall not hereby be required to repair any existing condition or defect in the Improvements or Building Systems;
(b) keep the Premises in operating condition and repair, restorewithout waste, and free from mechanics’, materialmen’s or like liens or claims or other liens or claims for lien (subject to the Mortgagor’s right to contest liens as permitted by the terms of Section 28 hereof) , provided that the Mortgagor shall not hereby be required to repair any existing condition or defect in the Improvements or Building Systems;
(c) pay when due the Indebtedness in accordance with the terms of the Note and the other Loan Documents and duly perform and observe all of the terms, covenants and conditions to be observed and performed by the Mortgagor under the Note, this Mortgage and the other Loan Documents;
(d) pay when due any indebtedness which may be secured by a Permitted Exception or other charge on the Premises on a parity with, superior to or inferior to the lien hereof (other than the Subordinate Indebtedness, as such term is defined in that certain Subordination and Intercreditor Agreement dated as of even date (the “Subordination and Intercreditor Agreement”) among ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇ ▇. ▇▇▇▇▇▇ and the Mortgagee, which Subordinate Indebtedness shall be paid by the Mortgagor, or replace payment thereon deferred, only in accordance with the terms of the Subordination and Intercreditor Agreement), and upon request exhibit satisfactory evidence of the discharge of such lien to the Mortgagee (subject to the Mortgagor’s right to contest liens as permitted by the terms of Section 28 hereof);
(e) complete within a reasonable time any Improvements now or at any time in the process of erection upon the Premises;
(f) comply in all partitions material respects with all requirements of law, municipal ordinances or restrictions and fixtures covenants of record with respect to the Premises and the use thereof;
(g) obtain and maintain in full force and effect, and abide by and satisfy the material terms and conditions of, all material permits, licenses, registrations and other authorizations with or granted by any governmental authorities that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs required from time to time with respect to the interior performance of its obligations under this Mortgage;
(h) make no material alterations in the Premises or demolish any material portion of the Premises without the Mortgagee’s prior written consent, except as required by law or municipal ordinance;
(i) suffer or permit no material change in the use or general nature of the occupancy of the Premises, including, but without the Mortgagee’s prior written consent;
(j) pay when due all operating costs of the Premises;
(k) not limited to, repairs initiate or acquiesce in any zoning reclassification with respect to the air conditioners Premises, without the Mortgagee’s prior written consent;
(l) provide and heating units with a maintenance contract that is reasonably satisfactory to Lessor, thereafter maintain the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of existing parking areas for the Premises as well as may be required by law, ordinance or regulation (whichever may be greater), together with any suspensions driveways and other areas for ingress, egress and right-of-way to and from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of adjacent public thoroughfares necessary for the remedies provided for herein.use thereof; and
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris(m) comply, and also cause the Premises at all times to be operated in such condition as the Board of Health and Board of Fire Underwriters having authority compliance, in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply all material respects with all applicable federal, state, local and municipal environmental, health and safety laws, statutes, ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premisesregulations.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Maintenance. Lessee covenants Except as follows:
a. That Lessee willotherwise provided in this Section 2, at (A) CCP 29 (or its own expense, replace any glass broken on successor(s) in interest in the Premises fee simple title of Parcel 29) shall maintain and repair the Shared Drainage Facilities lying wholly within Parcel 29 in a clean and safe condition and good state of order and repair, restoreall in a manner substantially similar to the manner in which such facilities are maintained within Countyline Corporate Park and (B) CCP 30 (or its successor(s) in interest in the fee simple title of Parcel 30) shall maintain and repair the Shared Drainage Facilities lying wholly within Parcel 30 in a clean and safe condition and good state of order and repair, all in a manner substantially similar to the manner in which such facilities are maintained within Countyline Corporate Park. In addition to the foregoing, CCP 29 (or its successor(s) in interest in the fee simple title of Parcel 29) shall maintain and repair the Shared Truck Court and the Shared Drainage Facilities within the Shared Drainage Easement Area in a clean and safe condition and good state of order and repair, all in a manner substantially similar to the manner in which such facilities are maintained within Countyline Corporate Park, with it being understood and agreed that following the completion of construction of the buildings on Parcel 29 and Parcel 30, CCP 30 (or its successor(s) in interest in the fee simple title of Parcel 30) shall annually reimburse CCP 29 (or its successor(s) in interest in the fee simple title of Parcel 29) for fifty percent (50%) of the actual maintenance and repair costs incurred by CCP29 with respect to the Shared Truck Court and Shared Drainage Facilities within the Shared Drainage Easement Area, within thirty (30) days following its receipt of a reasonably detailed invoice. CCP 29 (or its successors in interest in the fee simple title of Parcel 29) shall have the right to record a lien (a “Claim of Lien”) upon the Parcel 30 to secure the payment of any and all amounts due and unpaid hereunder. Further, any amount not paid within thirty (30) days after the due date will bear interest from the due date of such installment at the lesser of (a) simple interest rate of eighteen percent (18%) per annum or (b) the maximum interest rate allowable by applicable law. Further, CCP 29 (or its successor(s) in interest in the fee simple title of Parcel 29) may bring an action at law against CCP 30 (or its successor(s) in interest in the fee simple title of Parcel 30), or replace all partitions foreclose the Claim of Lien against Parcel 30, or both. The owner of Parcel 30 may not waive or otherwise escape liability for the amounts due hereunder by non-use of the Shared Truck Court, the Shared Drainage Facilities or abandonment of Parcel 30. Any Claim of Lien recorded hereunder must include a good and fixtures that sufficient legal description of Parcel 30, the name of the record owner thereof, the amount claimed (which may include interest on the unpaid amount, plus reasonable attorneys’ fees and expenses of collection in connection with the debt secured by said lien and late charges). The lien will attach and take priority upon and as of recordation of the Claim of Lien, and continue until fully paid or otherwise satisfied, which Claim of Lien may be installed by it which foreclosed in the same manner as mortgages are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs foreclosed under Florida law. These rights to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, lien and the doors rights to foreclosure and locks.
c. That Lessee shall make sale thereunder will be in addition to and not in substitution for all repairs and, if necessary other rights and remedies which the replacement, owner of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or Parcel 29 and its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls assigns may have hereunder and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premiseslaw, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, a suit to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premisesrecover a money judgment for unpaid amounts.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Sources: Shared Facilities Easement Agreement
Maintenance. Lessee covenants (a) The Tenant shall keep the leased Premises in a neat, clean, and sanitary condition and in as follows:
a. That Lessee willgood order and repair as at the commencement of the Lease, at its own expensereasonable wear and tear excepted. Tenant shall not do anything to cause the leased Premises or the activities therein to violate any municipal, replace any glass broken on the Premises and repaircounty, restorestate, or replace all partitions and fixtures that may be installed by it which are damaged federal law, ordinance, or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premisesrequirement, including, but not limited toto any Maine Department of Environmental Protection regulations, repairs and shall promptly act upon any direction of any officer of competent authority. The Tenant shall permit no waste with regard to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee leased Premises. Tenant shall make no modifications permanent improvements to any parts of the structure of the leased Premises without the prior written approval of LessorLandlord which approval shall not be unreasonably withheld or delayed. This Any such permanent improvements approved by Landlord shall become the property of Landlord upon termination of this lease for any reason except as mutually agreed by Tenant and Landlord. No work which Landlord permits Tenant to do pursuant to this Lease, whether in the nature of erecting, construction, alteration or repair, shall be deemed to include be for the floor slabsimmediate use and benefit of Landlord so that no mechanic's or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall pay promptly all persons furnishing labor or materials performed or furnished, perimeter walls or alleged to be performed or furnished, to Tenant or to anyone holding the leased Premises through or under Tenant, Tenant shall forthwith cause the same to be discharged or bonded after being notified of the filing thereof; and, in addition to any other right or remedy of Landlord, Landlord may discharge the same by paying the amount claimed to be due, and the roof amount so paid by Landlord including reasonable attorney's fees incurred by Landlord in procuring the discharge of lien, per annum, shall be due and payable by Tenant to Landlord as additional rental. in addition, Landlord may charge interest of eighteen percent (18%) on such funds after thirty (30) days of delivery of notice by Landlord to Tenant that Landlord has paid such lien.
(b) The Landlord shall keep the structural, mechanical, electrical, and sanitary portions of the Premises as well as any suspensions from the roof structure. A violation of this covenant building which shall be deemed a default under this Lease entitling Lessor defined to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premisesinclude without limitation, including adjoining sidewalks free of rubbishexterior walls, debrisfoundation, floors, roof, and also exterior glass in such condition as the Board of Health good order and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by firerepair, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures maintenance made necessary by fault or neglect of the Tenant or the employees or visitors of the Tenant shall be at the expense of the Tenant and mechanical equipmentTenant shall pay all costs therefore. Tenant will be responsible for all light bulb replacement and supplies consumed within its leased premises.
(c) Tenant shall be solely responsible for any costs related to security of the premises necessitated by use by the Tenant, not required its employees, customers, or clients, except as it relates to be removed by Lessor pursuant to this Lease, common areas which shall not have been removed by Lessee on be protected and maintained with reasonable efforts at Landlord's expense. This determination shall be at the expiration or soonersole discretion of the Landlord.
Appears in 1 contract
Sources: Lease Agreement (Access Integrated Technologies Inc)
Maintenance. Lessee covenants as follows:
a. That Lessee will, at its own expense, replace any glass broken on the Premises (a) LESSEE shall keep and repair, restore, or replace all partitions maintain (including applicable replacement when necessary) in good condition and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to repair the interior of the PremisesPREMISES, including, including but not limited to:
(i) The heating, repairs ventilating and air conditioning system within the PREMISES and any portion thereof not within the PREMISES but serving the PREMISES exclusively, including any gas supply line serving the PREMISES to the air conditioners point of connection with the gas company meter for the PREMISES, wherever located, and heating units to accomplish same, LESSEE shall carry (and pay for) a maintenance service contract with a maintenance contract that is reasonably satisfactory reputable heating, ventilating and air conditioning contractor, approved in writing by LESSOR,
(ii) the electrical system with the PREMISES and any portion thereof not within the PREMISES but serving the PREMISES exclusively, including the electric supply line serving the PREMISES to Lessor, the main panel within the PREMISES where the electric supply line enters the PREMISES,
(iii) the plumbing system, both sewage and electrical fixtureswater lines, within the PREMISES exclusively, including the water line with the PREMISES from the point of entrance of the water supply line into the PREMISES, (the water meter shall be maintained by the utility company and/or the LESSOR) and the doors sewage line within the PREMISES to the point of exit from the PREMISES,
(iv) alterations, decorations and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any improvements (whether or not constituting a part of the Premises PREMISES) made and/or installed by LESSEE, (v) the exterior doors and windows and door and window frames, which for purposes hereof shall be construed as part of the interior of the PREMISES, and
(vi) areas designated by LESSOR for LESSEE'S trash receptacles. In the event LESSEE fails to maintain the PREMISES as hereinbefore provided, LESSOR may (but with no obligation) do so after fifteen (15) days notice to LESSEE or immediately in emergency cases. LESSEE shall reimburse LESSOR the cost thereof as additional rent with the next installment of FIXED RENT.
(b) LESSOR shall keep and maintain (including applicable replacement when necessary) in good condition and repair the exterior of the PREMISES and the Strip Center (to the extent the same is not the responsibility of the tenants within Strip Center), the roofs, gutters and downspouts, the foundations and structural portions of the PREMISES and Strip Center.
(c) Notwithstanding the foregoing, each party shall be responsible for all repairs pertaining to the interior/exterior and/or other portions of the PREMISES/Strip Center necessitated by the act wilful action or neglect negligence of the Lessee such party or its agentsanyone acting for or on behalf of such party, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating except to the maintenance of extent such repairs are covered by standard fire and occupancy of said Premisesextended coverage insurance.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Sources: Lease Agreement (GLB Bancorp Inc)
Maintenance. A. During the Term of this Lease, Lessee covenants as followsat Lessee's expense:
a. That Lessee will1. Shall maintain and keep the Helicopter, at its own expenseengines, replace any glass broken on the Premises components, appliances, accessories, instruments and repair, restore, or replace all partitions equipment in good order and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior repair in strict compliance with FAA requirements (and without limitation of the Premisesforegoing), including, but not limited to, repairs cause to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make be performed on all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure Helicopter and its engines all mandatory Airworthiness Directive ("AD's"), Special Federal Aviation Regulations ("SFAR's") and all manufacturer's service bulletins the compliance date of which shall fall during the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation Term of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debrisLease, and also in such condition as accordance with all manufacturer's manuals or Lessee's FAA approved maintenance programs.
2. Shall replace the Board of Health Helicopter components, appliances, accessories, instruments and Board of Fire Underwriters having authority equipment, any and all engines, parts, applicants, instruments, or accessories which may become defective, lost, destroyed or otherwise rendered unfit for use during the lease period in such matters may lawfully require accordance with the exception terms and conditions of damage caused by firethis Lease.
3. Shall perform all overhauls, casualty checks, inspections and maintenance service to all parts of the helicopter and its engines required to keep them in the condition required under this Lease.
4. May make such modifications, changes or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating alterations to the maintenance of Helicopter or its engines as Lessee may determine and occupancy of said Premises.
f. That Lessee as Lessor shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor first approve in writing. Lessee shallLessor shall respond within five days and will not unreasonably withhold such approval. Lessor shall bear no liability for the cost of any such modification, however, have change or alteration to the right, during Helicopter or its engines whether in the term event of grounding or suspension of certification or for any other cause. At the end of the Term of this Lease, at Lessor's option, Lessee shall (i) at its cost remove any equipment or alterations that it installed and return the Helicopter as was received, except that the New Interior will be maintained in the Helicopter or (ii) sell such alterations or equipment (provided that Lessor shall not be obligated to remove pay any amount for the New Interior) to Lessor at Lessee's cost less depreciation calculated monthly over an assumed five year depreciable life. It is understood that Lessor may exercise the option referred to in the preceding sentence with respect to one or more of the pieces of equipment or alterations installed by Lessee.
5. Shall be responsible for all required inspections of the Helicopter and its trade fixtures engines and mechanical licensing or re-licensing the Helicopter in accordance with all applicable FAA and other applicable governmental requirements. Lessee shall at all times cause the Helicopter to have on board a current U.S. Certificate of Airworthiness issued by the FAA.
6. All inspections, maintenance, modifications, repairs and overhauls of the Helicopter or its engines, components, appliances, accessories, instruments or equipment however affixed shall be performed by personnel authorized to perform such services by the realty, FAA.
7. Shall at all times have the Helicopter's engines and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Leasetransmission on a "Power By the Hour" program, which is approved by Lessor. Lessee shall not use its best efforts to have been removed by Lessee the "Power By The Hour" agreement assigned at the end of the Term.
8. Shall inspect and clean the Helicopter on the expiration or soonera regular basis.
Appears in 1 contract
Maintenance. Lessee covenants Landlord represents and warrants to Tenant that, to the best of Landlord's knowledge, the Leased Premises, including, without limitation, all building systems and equipment, all structural components, the roof, the basement, all plumbing, electrical, mechanical, heating, ventilating, air conditioning and sprinkler systems, and all sewer, waste water, paving and parking equipment, systems and facilities, are fully installed and, as follows:
a. That Lessee willapplicable, at its own expenseoperating, replace any glass broken on and adequate for the Premises conduct of the business as presently and repairproposed to be conducted, restore, and there are no known material defects in the same that would hinder or replace all partitions impair such business and fixtures that may operations. The Tenant shall be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to wholly responsible for the maintenance and repair of the interior of the Leased Premises, includingand will keep it in as good condition as when turned over to Tenant, but not limited toreasonable wear and tear and damage by fire and the elements and condemnation excepted. The Tenant agrees to keep the Leased Premises in a clean, orderly and sanitary condition and will neither do nor permit to be done therein anything which is in violation of insurance polices on the building or that is contrary to law. The Tenant will neither commit nor suffer waste to the Building or to the Leased Premises. The maintenance and repair obligations of the Tenant specifically extend to all non-structural interior walls, interior doors, interior windows, plumbing and electrical fixtures within the Leased Premises, except as these obligations may be covered by manufacturer or contractor warranties. The Landlord agrees to cooperate with and reasonably assist Tenant in pursuing such warranties which are still in effect. Landlord shall make all structural repairs to the air conditioners Leased Premises and heating units with a maintenance contract that is reasonably satisfactory shall keep the Leased Premises safe, dry and tenantable, unless the necessity thereof shall be caused by the gross negligence or intentional misconduct of Tenant, its agents, servants, employees, invites or licensees. For the purpose of this paragraph, structural repairs shall mean repairs to Lessorthe building foundation, all external walls and doors, roofs, exterior windows, vertical and horizontal supporting beams of the plumbing and electrical fixturesfloor. In addition to any other repair obligations imposed upon Landlord by this Lease, and the doors and locks.
c. That Lessee Landlord shall make all repairs, whether of a structural or non-structural nature, which are caused by the negligent acts or omissions of Landlord, its employees, contractors and agents or which relate to latent defects in the Leased Premises or arise from breaches by Landlord of its representations and warranties under this Lease. If Landlord does not make repairs andthat it is required to make with due diligence to the Leased Premises, Tenant, at its option, upon ten (10) days' prior written notice to Landlord, shall be allowed to do this at Landlord's expense and seek reimbursement from Landlord for the cost of such repairs. Any failure by Tenant to give notice to Landlord of the need to repair shall not relieve Landlord of its obligation to make such repairs if necessary Landlord otherwise obtains knowledge thereof. Landlord agrees in the replacement, making of any nature repairs, alterations, additions or improvements and will use its best efforts to any part minimize interference with Tenant's use and enjoyment of and access to the Leased Premises and that Landlord will perform and complete such repairs or changes with due diligence. If, as a result of Landlord's failure to make such repairs, or to take such other action as is required hereunder, Tenant is not able to use the Leased Premises for three (3) business days, Tenant shall be entitled to an abatement of Base Rent, additional rent and all other amounts payable by Tenant hereunder for that portion of the Leased Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites which is unusable until such time as all such repairs have been made and other than those resulting necessary actions taken. The abatement shall end upon notice from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications Landlord to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls Tenant that such repairs have been completed and the roof of the Leased Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for hereinare tenantable.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Maintenance. Lessee covenants (a) Except as follows:
a. That Lessee willset forth in Section 9.2, at its own expense, replace any glass broken on Tenant shall keep and maintain the Premises entire exterior and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Leased Premises, specifically including, without limitation, the heating, ventilating and air conditioning equipment, in good condition and repair. As used herein, each and every obligation of Tenant to keep, maintain and repair shall include, without limitation, all replacements. The obligation of Tenant to maintain, repair and replace the Leased shall require, without limiting the generality of the foregoing, the Tenant to tuckpoint, scrape and paint all windows, repair all steps, sidewalks and driveways or when necessary, replace all interior and exterior doors and overhead doors and replace all cracked or broken windows. The obligation of Tenant to maintain, repair and replace is intended to require the Tenant to preserve and extend the useful life and value of the Premises through on-going regular repair and maintenance of the Leased Premises. As to any repairs costing in excess of $5,000.00, and as to any replacements whatsoever, Tenant shall, in connection therewith, comply with the requirements of Section 9.1(b) hereof. Tenant shall, to the extent possible, keep the Leased Premises from falling temporarily out of repair or deteriorating. Tenant shall further keep and maintain the Leased , including the improvements at any time situated upon the Leased Premises, and all sidewalks and areas adjacent thereto, safe, secure, clean and sanitary and, to the extent Tenant is required to so maintain hereunder shall do so, in full compliance with all laws, statutes, rules, regulations, ordinances or orders of any kind whatsoever having jurisdiction over the Leased as such laws, statutes, rules, regulations, ordinances or orders relate to the manner in which Tenant is then using the Leased Premises (including but not limited to, repairs to the air conditioners zoning and heating units with a maintenance contract that is reasonably satisfactory to Lessorbuilding laws and ordinances, environmental protection laws and regulations, the plumbing rules, regulations and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, orders of any nature to governmental agency and any part building or environmental permit) and any condition, easement, right-of-way, covenant or restriction of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessorrecord. This Nothing in Section 1.3(a) shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default limit Tenant's obligations under this Lease entitling Lessor to exercise any of the remedies provided for hereinSection 9.0(a).
e. That Lessee will keep the entire Premises(b) Without limiting Tenant's obligations under Section 9.0(a) hereof, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee Tenant shall, however, have the right, at all times during the term Term of this Lease, have and keep in force a maintenance contract, in form and with a contractor reasonably satisfactory to remove its trade fixtures Landlord, providing for inspection at least once each calendar quarter of the heating, air conditioning and mechanical ventilating equipment however affixed to (which inspection shall encompass the realtywork described on Schedule I attached hereto and made a part hereof), and Lessee covenants promptly providing for necessary repairs thereto. Said contract shall provide that it will not be cancelable by either party thereto except upon thirty (30) days' prior written notice to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or soonerLandlord.
Appears in 1 contract
Maintenance. Lessee covenants Subject to the Mortgagor's rights of alteration pursuant to Section 3 hereof, the Mortgagor will maintain and operate the Sands at a quality level at least as follows:
a. That Lessee willhigh as that existing on the date hereof and keep the Mortgaged Property in good condition and repair (subject to ordinary wear and tear), at will not commit or suffer any waste of the Mortgaged Property and will comply with, or cause to be complied with, all statutes, ordinances and requirements of any Governmental Authority to which the Mortgaged Property are subject and which failure to comply therewith would have a materially adverse effect on the Mortgaged Property. Notwithstanding the foregoing, the Mortgagor shall have the right to contest the application of any such statute, ordinance or requirement of a Governmental Authority; provided that, if such statute or ordinance or requirement of a Governmental Authority imposes an immediate fine or monetary Imposition in an amount in excess of $2,000,000 upon the Mortgaged Premises for the failure to comply with such ordinance or requirement, the Mortgagor shall either pay such fine or monetary imposition and file an action for recovery thereof or deposit with Mortgagee, in the manner described in Section 5.4.2 hereof, an amount reasonably determined by the Mortgagee to be sufficient to protect the Mortgagee's interest (on its own expensebehalf and on behalf of the Holders). Subject to the provisions of Section 9.3 hereof, replace any glass broken on the Premises and Mortgagor will promptly repair, restore, replace or replace all partitions and fixtures that rebuild any part of the Mortgaged Premises now or hereafter subject to the Lien of this Mortgage which may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs casualty whatsoever, free from Liens and encumbrances, except the Lien of this Mortgage and the other Security Documents and the encumbrances permitted by Section 1029 of the Indenture, without regard to the interior adequacy of any insurance proceeds, provided that the Premises, including, but not limited to, repairs insurance proceeds are made available to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory Mortgagor pursuant to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation Section 9 of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of Mortgage. The Mortgagor will do all other things reasonably required for the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, maintenance and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws continuance of all public authorities, boards and officers, relating such services in respect of Impositions to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not extent required to be removed by Lessor pursuant to fulfill the obligations set forth in this Lease, which shall not have been removed by Lessee on the expiration or soonerSection 8.
Appears in 1 contract
Sources: Mortgage, Fixture Filing and Security Agreement (Gb Holdings Inc)
Maintenance. Lessee covenants 25.1 Owner shall have the right to (or cause Contractor to) curtail or temporarily discontinue the operation of the Vessel, in whole or in part, in order to carry out planned maintenance or works required due to Change in Law Required Actions only during periods where Charterer is undertaking maintenance on Charterer’s Facilities, and Owner shall, and shall procure that Contractor shall, use best endeavours to ensure that no curtailment or interruption of the LNG regasification service shall be required.
25.2 Charterer shall cause to be provided to Owner as follows:
a. That Lessee will, at its own expense, replace any glass broken on soon as the Premises and repair, restore, or replace same become available all partitions and fixtures that may be installed by it which are damaged or destroyed by any causeplanned outage schedules for the relevant Charterer’s Facilities referred to in Clause 25.1.
b. That Lessee 25.3 Owner shall make adhere to a maintenance programme throughout the Charter Period which ensures that the Vessel is repaired and maintained to International Standards and can be operated safely, effectively and reliably hereunder throughout the Charter Period and Charterer shall provide all nonstructural repairs reasonable cooperation to the interior enable Owner to adhere to such maintenance programme, including providing access to all parts of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to LessorVessel, the plumbing and electrical fixturescargo tanks, and the doors jetty and locks.access for underwater surveys.
c. That Lessee 25.4 Owner shall make all repairs have the right at any time to cause Contractor to undertake maintenance on a continuing basis to ensure that the Vessel is in every way fit for service under this Charter and the OSA, but subject always to the provisions of this Clause 24.3.
25.5 The Vessel will remain on-hire and in-service during any maintenance and:
(a) during any period where Owner is required for purposes of a Class renewal survey or otherwise by applicable Law to take one or more tanks out of service, if necessary the replacementwarranties in Clauses 15.2, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This 15.3 and 15.4 shall be deemed suspended but the warranty in Clause 15.1 shall continue to include apply; and
(b) during any other period of maintenance, all the floor slabswarranties in Clause 15 shall continue to apply, perimeter walls and provided that, for the roof avoidance of the Premises as well as doubt, where maintenance or repairs constitute Change in Law Required Actions (including any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire PremisesImplementation Requirements) that are not Applicable Jurisdiction Change in Law Required Actions, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and Owner shall not alter the Premises or be entitled to receive Hire at any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, time during the term period of this Lease, to remove its trade fixtures and mechanical equipment however affixed to such maintenance or repairs but the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which Vessel shall not have been removed by Lessee on be treated as being Off-Hire (including for the expiration or soonerpurposes of Clause 14.3).
Appears in 1 contract
Sources: International Charter Agreement (Hoegh LNG Partners LP)
Maintenance. Lessee covenants as follows▇▇▇▇▇▇▇▇ agrees to do any maintenance or structure repairs that are needed to the UNIT. TENANT agrees to keep the UNIT clean, neat and safe. LANDLORD shall act with customary due diligence to:
a. That Lessee will(a) keep Common Areas of the PROPERTY (but not the UNIT, which shall be the responsibility of TENANT) reasonably clean;
(b) maintain fixtures, furniture, hot water, heating, and A/C equipment;
(c) substantially comply with applicable federal, state, and local laws regarding safety, sanitation, and fair housing; and
(d) make all reasonable repairs, subject to TENANT’S obligation to pay for damages for which TENANT is liable. LANDLORD may temporarily turn off equipment and/or interrupt utilities to the UNIT and/or the PROPERTY to avoid property damage or to perform work requiring such interruption as determined in LANDLORD’s sole judgment. LANDLORD will not be liable for any inconvenience, discomfort, disruptions or interference with TENANT’s use of the PROPERTY because LANDLORD is making repairs, alterations or improvements to the UNIT or the PROPERTY. If TENANT requests any repairs, and LANDLORD approves such request, the repairs will be done during LANDLORD’s usual working hours unless TENANT requests in writing that such repairs be done during other hours and such request is approved by LANDLORD. If LANDLORD approves such request TENANT will have to pay in advance any additional charges resulting from such request. TENANT agrees to take reasonable steps in order to prevent or minimize the growth of mold and mildew within the UNIT. To prevent or minimize the occurrence and growth of mold in the UNIT, TENANT hereby agrees to the following: TENANT is responsible for replacing the HVAC filter at its own least four times during the lease TERM at TENANT’s expense, replace . TENANT may purchase filters from LANDLORD at a cost of $5.00 each. TENANT shall (a) remove any glass broken visible moisture accumulation in or on the Premises UNIT, including on walls, windows, floors, ceilings, and repairbathroom fixtures, restore(b) mop up spills and thoroughly dry affected area as soon as possible after occurrence, (c) use exhaust fans in kitchen and bathroom when necessary, and (d) keep climate and moisture in the UNIT at reasonable levels. TENANT shall clean and dust the UNIT regularly, and shall keep the UNIT, particularly the kitchen and bath, clean and dry. Any water leak, excessive moisture, or replace all partitions standing water inside the UNIT or any Common Areas. Mold or mildew growth in or on the UNIT that persists after TENANT has tried to remove it with an appropriate household cleaning solution, such as Lysol or Pine-Sol disinfectants, Tilex Mildew Remover, or Clorox, or a combination of water and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to bleach. A malfunction in any part of the Premises necessitated by heating, air-conditioning, or system in the act UNIT. TENANT shall be liable to LANDLORD for damages sustained to the UNIT or neglect the PROPERTY as a result of TENANT’s failure to comply with the terms of this section, and LANDLORD shall not be liable for any damages sustained to TENANT’s person or property as a result of any such failure. TENANT is responsible for all pest control, except that LANDLORD shall provide an initial pest control treatment if the need for such treatment is reported to LANDLORD in writing within 10 days after move-in. If LANDLORD incurs the cost of pest control in the UNIT or the PROPERTY as a result of the Lessee actions or its agentsinactions of any tenant in the UNIT, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of all tenants in the structure of the Premises without written approval of Lessor. This UNIT shall be deemed to include responsible for the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for hereincost thereof.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. Lessee covenants as follows:
a. That Lessee will, Tenant shall at its own expense, replace any glass broken on the Premises sole cost (i) maintain and repair, restoreall in good condition, or replace all partitions aspects and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior portions of the Premises, includingother than the landscaping, but not limited toparking lot, repairs HVAC and other mechanical systems, elevator, and roof (for which items Landlord is responsible as provided below and the costs of which constitute, subject to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessorterms hereof, Operating Expenses), (ii) arrange for the plumbing and electrical fixturesremoval of trash from the Premises, and (iii) maintain a pest and termite control service agreement with respect to the doors Premises, reasonably acceptable to Landlord. Each party shall provide the other with current copies of all of their respective maintenance, service and locks.
c. That Lessee shall make all repairs and, if necessary cleaning contracts throughout the replacement, of Term. Tenant is additionally liable for any nature damage to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from firethe acts or omissions of Tenant or Tenant's Invitees or any other person not controlled by Landlord. If Tenant fails to maintain or repair, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof portion of the Premises as well as any suspensions provided above and, if such failure continues for more than thirty (30) days after written notice thereof from Landlord (unless Landlord reasonably determines such repairs are in the roof structure. A violation nature of this covenant shall be deemed an emergency or require completion within a default under this Lease entitling Lessor shorter period of time to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter protect the Premises or comply with any part law or regulation), then Landlord may maintain or repair, any such portion of the Premises and Tenant shall promptly reimburse Landlord for Landlord's actual, documented and reasonable cost thereof, which sums constitute additional rent under this Lease. Tenant waives the provisions of California Civil Code Section 1942 (or any successor statute), and any similar principals of law with respect to Landlord's obligations for tenantability of the Premises and Tenant's right to make repairs and deduct the expense of such repairs from rent. Promptly following written notice from Tenant, Landlord shall (subject to reimbursement from Tenant in accordance with, and subject to, Article 7) repair and maintain the structural parts of the Building, including the exterior walls, foundations and the roof (including the roof membrane) the elevators, mechanical systems, HVAC systems, landscaping and parking lot(s). Landlord acknowledges and agrees that Tenant shall have the right to cause Landlord to terminate any such maintenance contracts in the event that Tenant, in Tenant's reasonable, good faith opinion, determines that the maintenance is not being reasonably performed. In such event, Tenant shall have the right to select substitute maintenance contractors (and shall have the right to pre-approve the maintenance contracts). If Tenant provides written notice to Landlord of an event or circumstance which requires the action of Landlord with respect to the Landlord's repair obligations as described above, and Landlord fails to provide or commence to provide such action as required by the terms of this Lease within ten (10) days after receipt of such written notice (or such longer period of time as is reasonable under the circumstances or such shorter period of time as may be applicable in the event of an emergency), Tenant may proceed to take the required action upon delivery of an additional three (3) business days notice to Landlord (or within the applicable and appropriate time period based on an emergency) specifying that Tenant is taking such required action, and only if such action was required under the terms of this Lease to be taken by Landlord at Landlord's expense without reimbursement from Tenant, then Tenant shall be entitled to prompt reimbursement by Landlord of Tenant's costs and expenses in each case taking such action plus interest at the consent of Lessor Interest Rate (as defined in writing. Lessee shallArticle 16 below) during the period from the date Tenant incurs such costs and expenses until such time as payment is made by Landlord (which costs and expenses shall be set forth in a reasonably particularized invoice) less, however, any amounts that Tenant would have been responsible for as part of Operating Expenses if the rightrepair work would have been performed by Landlord and would have been payable by Tenant. Tenant may utilize the services of any qualified contractor which normally and regularly performs similar work in other comparable projects in the general vicinity of the building, during of similar age and quality of construction. Further, if Landlord, within ten (10) days after receipt of such invoice from Tenant (setting forth documented evidence of the term costs incurred and a reasonably particularized breakdown of its costs and expenses in connection with taking such action on behalf of Landlord), fails to pay the amount set forth in Tenant's invoice (less any amounts that Tenant would have been responsible for as part of Operating Expenses if the repair work would have been performed by Landlord and would have been payable by Tenant) then Tenant shall be entitled to deduct from the Basic Monthly Rent payable by Tenant under this Lease, to remove its trade fixtures and mechanical equipment however affixed to such amount together with interest at the realty, and Lessee covenants promptly to repair any damage caused by any such removalInterest Rate; provided, however, that in no event shall Tenant be entitled to offset more than fifty percent (50%) of the Basic Monthly Rent in any one (1) month during the Term of this Lease under this Article 9. Notwithstanding anything above or elsewhere in this Lease to the contrary, Landlord and Tenant acknowledge and agree that in the event that Landlord is required to make any repairs, improvements or modifications of a structural and/or capital nature, the cost of any such trade fixtures structural and/or capital item shall be amortized (including interest at the Interest Rate) over the anticipated useful life of such structural or capital item and mechanical equipment, not required to Tenant shall only be removed by Lessor pursuant to liable for the amortized portion applicable during the Term of this Lease, which shall not have been removed by Lessee on the expiration or sooner.
Appears in 1 contract
Sources: Single Tenant Fully Net Lease Agreement (Biogen Idec Inc)
Maintenance. Lessee covenants as follows:
a. That Lessee will(a) The Driveway Easement Area shall be maintained, at its own expenserepaired, replace any glass broken on and replaced by the Premises owner of Parcel 9 (“Parcel 9 Owner”) in a good and repairsafe condition, restorewith all paving and surface areas in a reasonably level and smooth condition, evenly covered with a surfacing material of equal or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs of superior quality to the interior kind originally installed thereon (the “Driveway Maintenance Activities”). In the event the Parcel 9 Owner fails to undertake the Driveway Maintenance Activities, the Driveway Easement Area in accordance with the foregoing, the owner of Parcel 10 (“Parcel 10 Owner”) has the Premises, includingright, but not limited tothe obligation to cure such failure. Notwithstanding the foregoing, repairs to except in the air conditioners and heating units with a maintenance contract case of an emergency (in which case Parcel 10 Owner shall give Parcel 9 Owner such notice as is reasonably practicable), Parcel 10 Owner shall give Parcel 9 Owner thirty (30) days prior written notice advising of the extent of the maintenance, repair or replacement (collectively “Work”) that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant performed. If Parcel 9 Owner fails to commence such Work within such 30-day period, and such failure continues for ten (10) days following Parcel 9 Owner’s receipt of a second notice from Parcel 10 Owner, then Parcel 10 Owner shall perform such Work and deliver Parcel 9 Owner an itemized statement for the cost of such Work, together with reasonable back up documentation and Parcel 9 Owner shall reimburse Parcel 10 Owner its pro-rata share of the Work within thirty (30) days of receipt of same.
(b) The Parcel 9 Owner shall be responsible for 59.40% and Parcel 10 Owner shall be responsible for 40.60% of the reasonable costs of the Driveway Maintenance Activities. Notwithstanding the preceding sentence or any other provision in this LeaseDeclaration, which any willful, reckless and/or negligent act and/or omission of any Owner (or its permittees and/or invitees) with respect to any work and/or other activities related to any construction, repair, maintenance, replacement and/or improvement, as the case may be, of and/or to the Driveway Easement Area improvements shall not have been removed by Lessee on be the expiration or soonersole responsibility, expense and liability of the Owner to whom the willful, reckless and/or negligent act and/or omission is attributed.
Appears in 1 contract
Sources: Declaration of Grant of Private Shared Driveway Access Easement and Maintenance Agreement
Maintenance. Lessee covenants as follows:
a. That Lessee will, at its own expense, replace any glass broken on the Premises Landlord shall be responsible for maintenance and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior repair of the following items in, on or about the Leased Premises, if such maintenance or repair is required due to normal wear and tear: structural components, interior and exterior walls, floors, ceiling, roofs, sewer connections, plumbing, wiring, appliances and glass. However, Tenant shall be responsible for all costs associated with maintenance or repair of the foregoing items if Tenant or any person within Tenant’s control knowingly, intentionally, deliberately, recklessly or negligently destroys, defaces, damages or impairs such items, including, but not limited towithout limitation, repairs causing the plumbing system to become clogged or backed up other than by reason of ordinary wear and tear of the plumbing system. Tenant shall maintain the Leased Premises in a clean, safe, and sanitary manner, keeping the entire Leased Premises free from trash, rubbish, abandoned vehicles and the like. Tenant shall also be responsible for the following Leased Premises Maintenance, as designated: Tenant is Responsible Landlord is Responsible Not Applicable Maintain the yard, keeping weeds pulled, leaves, raked, trees and shrubs trimmed and grass mowed to the air conditioners satisfaction of Landlord. Keep the grass, shrubs, trees and heating units with a maintenance contract that is reasonably satisfactory flowers watered to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part satisfaction of the Landlord. The Leased Premises necessitated by Does Does Not have an automatic sprinkler system. Maintain the act or neglect of sidewalks, driveway and parking area free and clear from snow and ice. Other: In the Lessee or its agentsevent that Tenant fails to perform the duties as required above, Landlord and Landlord’s agents and employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Leasebut shall not be obligated, to remove its trade fixtures enter the Leased Premises and mechanical equipment however affixed to the realtyperform such maintenance, and Lessee covenants promptly Tenant agrees to repair any damage caused by and shall bear the expense of any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required maintenance. The expense so incurred shall be considered to be removed by Lessor pursuant to this Lease, which additional rent for the leased Premises and shall not have been removed by Lessee on be immediately due from Tenant at the expiration or sooneroption of Landlord.
Appears in 1 contract
Sources: Residential Lease
Maintenance. This lease is conditioned upon faithful performance by the Lessee covenants as follows:of the following agreements, covenants, rules and regulations, herein set out and agreed to by Lessee.
a. That A. Lessee willshall remove all snow and ice from sidewalks contiguous to the leased premises, at its own expenseand shall maintain the same unobstructed.
B. Lessee agrees not to place or cause to be placed any other sign or signs of any kind other than the electrical sign already existing, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior exterior of the Premisespremises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without further written approval of Lessor. This , which shall not be deemed unreasonably withheld.
C. Lessee shall not permit the accumulation of garbage in and around the lease premises, and, in the event Lessee 2
D. Lessee shall carry plateglass insurance or self-insure for plate glass for Lessee's entire store.
E. Lessee will not place or suffer to include the floor slabsbe placed or maintained on any exterior door, perimeter walls and the roof wall or window of the Demised Premises as well as any suspensions from sign, awning or canopy, or advertising matter or other thing of any kind, and will not place or maintain any decoration, lettering or advertising matter on the roof structure. A violation glass of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any window or door of the remedies provided for herein.
e. That Lessee will keep the entire PremisesDemised Premises without first obtaining Lessor's prior written approval and consent in each instance, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable causewhich approval shall not be unreasonably withheld. Lessee further agrees to maintain such sign, awning, canopy, decoration, lettering, advertising matter or other thing as may be approved, in good condition at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premisestimes.
f. That F. Lessee shall remove no additions, improvements hereby agrees that he/she/it has inspected the interior and alterations made by Lessor or by Lessee except as herein provided, and shall not alter exterior of the Demised Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term prior to execution of this Lease, and hereby agrees to remove rent the space "as is" and will make any and all alterations at its trade fixtures own expense and mechanical equipment however affixed with prior approval of Lessor. Lessor's consent to the realtyrequested alterations shall not be unreasonably withheld or delayed.
G. Lessee hereby agrees to repair, maintain, and pay for the canopy lights outside the Demised Premises and to keep same illuminated during dark hours (night) to illuminate the Demised Premises for safety reasons. H. Lessee covenants promptly is responsible for replacement of any ceiling tiles and/ or light fixtures that may from time to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required time need replacement due to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or soonerroof leaks.
Appears in 1 contract
Sources: Lease Agreement (GLB Bancorp Inc)
Maintenance. Lessee covenants as follows:
a. That Lessee will, at its own expense, replace any glass broken on (a) It shall be the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior responsibility of the PremisesCity to maintain and keep the Leased Premises clean, including, but not limited to, repairs to the air conditioners sanitary and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing free from trash and electrical fixturesdebris, and the doors Leased Premises shall be mowed to prevent unsightly accumulation of weeds and locksother vegetation. The City will guarantee regular cleanup and trash removal. Upon failure of the City to comply with the provisions of this section, SBBC shall give written notice to the City of such failure to comply, by Certified Mail, Return Receipt Requested. If after a period of ten (10) days of such mailing, the City has not commenced to complete the cleaning and/or mowing of said Leased Premises, SBBC shall have the right to enter upon the Leased Premises, remove trash and debris from the area, or mow the area and charge the City the cost incurred by SBBC for such services. Billing for trash and debris removal or mowing shall be on a per-cleaning or per-mowing basis and shall be due and payable within fifteen (15) days after receipt of said billing by the City.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise (b) Notwithstanding any of the remedies provided provisions of the foregoing subsection, the parties further agree that the City, in addition to the above, will clean up the Leased Premises after each and every event it sponsors, and SBBC will be responsible to clean after each and every event it sponsors. In the event that SBBC fails to maintain and clean the premises during SBBC’s use of the Leased Premises, then City shall have the right to clean the premises and charge SBBC for hereinall cleanup costs and SBBC shall pay for such costs within fifteen (15) days after receipt of said billing by the City.
e. That Lessee will (c) The upkeep and maintenance of all Leased Premises shall be borne by the City, and the City agrees at all times to keep the entire Premisesareas herein leased and the Improvements placed on said areas properly maintained, including adjoining sidewalks free of rubbish, debris, and also except as set forth in such condition as the Board of Health and Board of Fire Underwriters having authority (b) above.
(d) Notwithstanding anything else in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating this Section 2.08 to the maintenance of contrary, the SBBC and occupancy of said Premises.
f. That Lessee the City agree that both parties shall remove no additionsbe liable and responsible for any and all maintenance, improvements cleanup, damages and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, injuries that may arise during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to time the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or soonerLeased Premises is under their respective control.
Appears in 1 contract
Sources: Recreation Lease Agreement
Maintenance. Lessee covenants as follows:
a. That Lessee willTenant shall maintain, at its own expense, replace any glass broken on the Premises and repair, restore, or and replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the PremisesLeased Property, including, but not limited towithout limitation, all structural and nonstructural repairs and replacements to the air conditioners roof, foundations, exterior walls, HVAC systems, equipment, parking areas, sidewalks, water, sewer and heating units with a maintenance contract that is reasonably satisfactory to Lessorgas connections, pipes and mains. Tenant shall pay, as Additional Rent, the plumbing and electrical fixturesfull cost of maintenance, repairs, and replacements. Tenant shall maintain all drives, sidewalks, parking areas, and lawns on or about the doors Leased Property in a clean and locks.
c. That Lessee orderly condition, free of accumulations of dirt, rubbish, snow and ice. Tenant shall make at all times maintain, operate and otherwise manage the Leased Property on a basis and in a manner consistent with the standards of the highest quality competing facilities in the market areas served by the Leased Property. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work or the property to be repaired shall be replaced. Tenant will not take or omit to take any action the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any parts thereof for the Facility Uses. Tenant shall permit Landlord to inspect the Leased Property at all reasonable times, and if Landlord gives Tenant notice of material and chronic maintenance problem areas, Tenant shall deliver to Landlord a plan of correction within 10 Business Days after receipt of the notice. Tenant shall diligently pursue correction of all problem areas within 60 days after receipt of the notice and, if necessary the replacement, of any nature to any part upon expiration of the Premises necessitated by 60-day period, shall deliver evidence of completion to Landlord or, if completion is not feasible within such 60-day period, an interim report evidencing Tenant's diligent progress towards completion and, at the act or neglect end of an additional 60-day period, evidence of satisfactory completion. Upon completion, Landlord shall have the right to re-inspect the Facility and Tenant shall pay a re-inspection fee of $150.00 per Facility inspected plus Landlord's reasonable out-of-pocket expenses within 30 days after receipt of Landlord's invoice. At each inspection of the Lessee or its agentsLeased Property by Landlord, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts the Facility employee in charge of the structure of the Premises without written approval of Lessor. This maintenance shall be deemed available to include tour the floor slabs, perimeter walls Facility with Landlord and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for hereinanswer questions.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Maintenance. Lessee covenants as follows:
a. That Lessee willWithout limiting Tenant’s maintenance obligations set forth elsewhere in this Lease, at its own expenseTenant, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, shall maintain all of the Premises, excepting the Public Improvements, in good order and repair and in a clean, usable, orderly, attractive, safe and sanitary condition at all times and in compliance with the Legal Requirements. Tenant shall make all necessary repairs and replacements to performkeep the Premises in good condition and repair and to keep the Tennis Facility as a state of the art facility. Any unsightly or hazardous waste, fully obey trash or equipment on the Premises is strictly prohibited. All refuse generated by the operation of the Tennis Facility and comply any other Improvements, excepting the Public Improvements, shall be disposed of in accordance with all ordinancesLegal Requirements in an expeditious and a sanitary manner. All refuse retained on the Premises shall be confined within secured sanitary confines, rules regulations out of public view and laws maintained in such manner as to prevent noxious or unpleasant odors, and the Public Restrooms shall be kept clean and in good working order, adequately stocked with soap and all necessary paper products. Tenant shall be responsible for clearing and removing snow and ice from the parking lots on the Premises and from the sidewalks on the Premises. The County shall maintain the Access Road and subject to budget appropriations, shall maintain the remainder of the Park, excluding the Premises, to at least the County’s then current standards and shall invoice the Tenant for fifty percent (50%) of the costs incurred to maintain the Access Road. Tenant shall pay all public authoritiesrelated invoices submitted by the County to Tenant for such costs within thirty (30) days from the date of the invoice, boards and officers, relating all such invoiced costs shall be deemed to be Additional Rent due under this Lease. Notwithstanding anything to the maintenance contrary contained herein, if the County is delayed in plowing or repairing the Access Road because of an Unavoidable Delay, as defined below, then Tenant shall have the right to plow and/or repair the Access Road in order to ensure continued pedestrian and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter vehicular access to the Premises or any part thereofand to otherwise maintain the safety and security of Tenant’s members, without in each case guests and invitees. In the consent event that Tenant exercises its rights of Lessor in writing. Lessee shall, however, have repair of the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor Access Road pursuant to this LeaseSection 5.9, Tenant may offset the actual reasonable costs it incurs for the repair from the fifty percent (50%) share of the costs that Tenant owes to the County for costs incurred by the County to maintain the Access Road. All of Tenant’s exterior maintenance shall be in accordance with the County’s then current standards. Tenant may propose a general landscaping plan for approval by the County, which approval shall not have been removed by Lessee on be unreasonably withheld, conditioned or delayed. Tenant’s compliance with the expiration or soonergeneral landscaping plan shall be deemed satisfaction of Tenant’s day-to- day landscaping obligations.
Appears in 1 contract
Sources: Ground Lease Agreement
Maintenance. Lessee covenants as follows:
a. That Lessee will, at its own expense, replace any glass broken on the Premises (a) LESSEE shall keep and repair, restore, or replace all partitions maintain (including applicable replacement when necessary) in good condition and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to repair the interior of the PremisesPREMISES, including, including but not limited to:
(i) the heating, repairs ventilating and air conditioning system' within the PREMISES and any portion thereof not within the PREMISES but serving the PREMISES exclusively, including any gas supply line serving the PREMISES to the air conditioners point of connection with the gas company meter for the PREMISES, wherever located, and heating units to accomplish same, LESSEE shall carry (and pay for) a maintenance service contract with a reputable hearing, ventilating and air conditioning contractor, approved in writing by LESSOR, and LESSEE shall provide a copy of such maintenance service contract that is reasonably satisfactory to LessorLESSOR not less often than annually;
(ii) the electrical system with the PREMISES and any portion thereof not within the PREMISES but serving the PREMISES exclusively, including the electric supply line serving the PREMISES to the main panel within the PREMISES where the electric supply line enters the PREMISES;
(iii) the plumbing system, both sewage and electrical fixtureswater lines, within the PREMISES exclusively , including the water line with the PREMISES from the point of entrance of the water supply into the PREMISES, (the water meter shall be maintained by the utility company and/or the LESSOR) and the doors sewage line within the PREMISES to the point of exit from the PREMISES;
(iv) alterations, decorations and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any improvements (whether or not constituting a part of the Premises PREMISES) made and/or installed by LESSEE;
(v) the exterior doors and windows and door and window frames, which for purposes hereof shall be construed as part of the interior of the PREMISES; and
(vi) areas designated by LESSOR for LESSEE'S trash receptacles. In the event LESSEE fails to maintain the PREMISES as hereinbefore provided, LESSOR may (but with no obligation) do so after fifteen (15) days notice to LESSEE or immediately in emergency cases. LESSEE shall reimburse LESSOR the cost thereof as additional rent with the next installment of FIXED RENT.
(b) LESSOR shall keep and maintain (including applicable replacement when necessary) in good condition and repair the exterior of the PREMISES and the OFFICE BUILDING (to the extent the same is not the responsibility of tenants within OFFICE BUILDING), the roofs, gutters and downspouts, the foundations and the structural portions of the PREMISES and OFFICE BUILDING.
(c) Notwithstanding the foregoing, each party shall be responsible for all repairs pertaining to the interior/exterior and/or other portions of the PREMISES/OFFICE BUILDING necessitated by the act wilful action or neglect negligence of the Lessee such party or its agentsanyone acting for or on behalf of such party, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating except to the maintenance of extent such repairs are covered by standard fire and occupancy of said Premisesextended coverage insurance.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Sources: Lease Agreement (GLB Bancorp Inc)
Maintenance. Lessee covenants 11.1 Without limiting Landlord's obligation to provide routine janitorial services as follows:
a. That Lessee willset forth in Section 14, and subject to Section 11.3, Tenant agrees to maintain, at its own expense, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its Tenant's sole cost and expenseexpense and in accordance with the standards of a first class office building in downtown Minneapolis, all leasehold improvements, fixtures and equipment installed in the Premises; to perform, fully obey use the Premises in a prudent and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating orderly manner; to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove suffer no additions, improvements and alterations made by Lessor waste or by Lessee except as herein provided, and shall not alter injury to the Premises or any part thereof, without in each case improvements or fixtures therein; and at the consent of Lessor in writing. Lessee shall, however, have the right, during the term expiration or other termination of this Lease, to remove its trade fixtures surrender the same with all improvements in the same order and mechanical equipment however affixed to condition in which they were on the realtyCommencement Date, or in such better condition as they may thereafter be put, except for (i) Landlord's maintenance requirements, (ii) ordinary wear and tear, (iii) damage by insured casualty, and Lessee covenants promptly to repair (iv) any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, other alterations or improvements permitted under this Lease which under the terms of this Lease Tenant is not required to remove at the expiration or earlier termination of the Term. Subject to Section 17, any cost of repairs or improvements to the Project, to the Premises or to any Common Areas which are occasioned by any act or omission or default of Tenant, its officers, employees, agents or invitees, or which arise because of Legal Requirements and the particular nature of Tenant's use and occupancy of the Premises or because of any leasehold improvements or alterations to the Premises which are made by or on behalf of Tenant, shall be removed paid for by Lessor pursuant Tenant, as additional rent hereunder, immediately upon billing.
11.2 Landlord agrees, throughout the Lease Term, to maintain the Project and the Common Areas in a manner consistent with other first class office projects in the central business district of downtown Minneapolis. Unless otherwise stipulated herein, including but not limited to Section 9.1, Landlord shall not be required to make any improvements to or repairs of any kind or character to the Premises during the Term of this Lease, except such repairs to the structure of the Project and the Base Building Systems as may be deemed necessary by Landlord: (i) for normal maintenance operations, (ii) to keep the Project compliant with the Space Delivery Standards pursuant to Section 14, and (iii) to maintain the Project in a manner consistent with other first class office projects in the central business district of downtown Minneapolis.
11.3 Notwithstanding any provisions of this Lease to the contrary, all repairs, alterations or additions to the Base Building Systems (as opposed to those involving only Tenant's leasehold improvements), and all repairs, alterations or additions to Tenant's leasehold improvements which affect the Base Building Systems or the structural elements of the Project, made by, for or on behalf of Tenant shall be made by Landlord or a contractor approved in writing by Landlord, which approval shall not have been removed be unreasonably withheld or delayed. Tenant shall promptly reimburse Landlord for any reasonable out of pocket costs incurred by Lessee on Landlord in having the expiration plans and specifications for any such alterations or sooneradditions reviewed by Landlord's architects or engineers.
11.4 If Tenant experiences any damage, interruption or disturbance to the Premises, Tenant's operations, or Tenant's equipment as a result of any electro-magnetic fields, Tenant shall promptly notify Landlord thereof and Landlord shall, at Tenant's written request and at Tenant's expense, but subject to the rights of other tenants of the Project, take such actions as may be reasonably necessary or desirable to minimize or eliminate such condition.
11.5 Landlord represents and warrants that the Premises and the Project are substantially in compliance with applicable Legal Requirements.
11.6 Landlord represents and warrants that the Premises and the Project are free of Hazardous Materials, except for those Hazardous Materials which are contained in construction materials that are customarily incorporated at the time of installation in or from time to time typically used in the operation of first class office buildings or such quantities of Hazardous Materials as are customarily used in the ordinary course of office business operations and in accordance with all Legal Requirements.
11.7 Landlord agrees, at Tenant's request, to make a representative of Landlord available to help Tenant identify any cabling or wiring within the Premises that serves any other tenants of the Project.
Appears in 1 contract
Sources: Office Lease (Capella Education Co)
Maintenance. Lessee covenants 8.1 At its sole expense, Landlord shall repair and maintain in good working order the roof (including roof drains, penetrations (unless said penetrations are caused by Tenant’s tenant improvement work), access doors, parapet, and all other roof appurtenances, and as follows:
a. That Lessee willnecessary replace the roof); the slab and foundation; exterior walls, interior structural walls, and all other structural aspects of the Center of which the Premises are a part; and all systems such as mechanical, electrical, and plumbing of or in the Center (except to the extent such systems extend into or are otherwise located within the Premises, as demarked by the interior wall thereof, in which case Tenant shall, as necessary and at its own sole expense, replace any glass broken on the Premises and repair, restoremaintain in good working order, or and replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs such systems (excepting only fire sprinklers). Notwithstanding the above, prior to the interior Tenant's occupancy of the Premises, includingLandlord agrees to replace any damaged windows, but not limited to, repairs to the air conditioners repair any exterior doors and heating all HVAC units shall be in good working order and repair with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locksremaining service life of at least ten years.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature 8.2 Subject to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises reimbursement as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also outlined in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term Article 23 of this Lease, to remove its trade fixtures Landlord shall, as necessary, repair, maintain in good working order, and mechanical equipment however affixed replace other components of the Premises, Center, Common Areas, and Property including but not limited to the realtyparking lot, walkways, exterior lighting, landscaping, irrigation systems, fire sprinkler system, trash enclosures and containers used in common, and Lessee covenants promptly any areas used in common by other tenants in the Center, all utilities up to repair the Premises, parking lot drains, area drains, roof downspouts and gutters, the building exterior (paint and repair), and pest control.
8.3 All repairs, replacements, alterations, or other work performed on or around the Premises by Landlord shall be done in such a way as to interfere as little as reasonably possible with the use of the Premises by Tenant. Landlord shall have the right to erect scaffolding and other apparatus necessary for the purpose of making repairs or alterations to the Building. Work may be done during normal business hours. Tenant shall have no right to an abatement of Rent nor any damage claim against Landlord for any inconvenience or disturbance resulting from Landlord’s performance of repairs and maintenance pursuant to this Article 8.3 and any interruption or reduction of services or interference with Tenant’s occupancy caused by Landlord’s maintenance shall not be construed as a constructive or other eviction of Tenant. Landlord’s obligations under this Article 8 are automatic and Tenant has no obligation to notify Landlord of a need for repair, maintenance, or replacement as a prerequisite to Landlord’s performance thereof; however, Tenant shall notify Landlord of the need for repair, maintenance, or replacement (“Tenant’s Maintenance Notice”) before declaring Landlord in breach of this Lease for any failure to so repair, maintain, or replace. Tenant shall not declare Landlord in breach under this Article 8.3 unless the repair, maintenance, and/or replacement specified in the Tenant’s Maintenance Notice has not been completed within 15 business days of such removalNotice (or if the condition in need of repair constitutes an emergency which is causing immediate and material risk of damage or injury to person or property at the Premises, Landlord must perform such repair within five (5) business days after receipt of such notice); provided, however, that if the nature of the repairs is such that more than fifteen (15) business days (or, in the case of the emergency repairs described above, five (5) business days) are reasonably required for performance, then Landlord shall not be deemed to be in default hereunder if Landlord commences such repairs within said fifteen (15) business day period and thereafter diligently completes them and provided further, that for purposes of this sentence “commences” includes any steps taken by Landlord to investigate, design, consult, bid or seek permit or other governmental approval in connection with such repair. Should Landlord default with respect to its obligation to make any of the repairs assumed by it hereunder with respect to the Premises, Tenant shall, as its sole remedy for such default, have the right to perform such repairs and have the costs for such repairs reimbursed by Landlord and Landlord agrees that within thirty (30) days after written demand accompanied by a detailed invoice(s), it shall pay to Tenant the cost of any such trade fixtures repairs. Further, if, in Tenant’s judgment an emergency exists that threatens substantial loss to the Premises or Tenant’s property or threatens the operations within the Premises, Tenant shall have the option to take the necessary steps to eliminate the emergency condition and mechanical equipmentmake repairs. Landlord agrees that within thirty (30) days after written demand accompanied by a detailed invoice, not it shall pay to Tenant the cost of any such repairs.
8.4 Tenant agrees to keep the remainder of the Premises (including the “Exclusive Area”) in good repair throughout the Term, including maintenance of interior walls, ceiling tiles, lighting, electrical and plumbing, HVAC, storefront glass and doors, door closers and any awnings or exterior signage it may install, flooring and janitorial service and supplies. All Tenant’s work shall be in full compliance with then current building code and other governmental requirements. Tenant agrees to keep Premises clean and in sanitary condition as required by health, sanitary and police ordinances and regulations of any political subdivision having jurisdiction and to remove all trash and debris which may be found in or around Tenant’s storefront and the Exclusive Area. If Tenant refuses or neglects to commence such repairs and maintenance for which Tenant is responsible under this Article 8.4 within fifteen (15) business days after notice from Landlord (“Landlord’s Maintenance Notice”) and if the failure to initiate the repair threatens to cause further damage or waste to the Premises, the Landlord may enter the Premises upon at least 48 hours advance written notice (except in the case of an emergency) during Tenant’s business hours and cause such repairs and/or maintenance to be removed made. Notwithstanding anything to the contrary contained herein, if Landlord elects to enter the Premises as permitted herein, it shall use commercially reasonable efforts to minimize any interference with Tenant’s business at the Premises. Tenant agrees that upon demand, it shall pay to Landlord the reasonable cost of any such repairs subject to the terms of this Article 8 not exceeding the amount of out-of-pocket expenses actually expended by Lessor pursuant Landlord. Landlord shall have the right to this Lease, which shall not have been removed by Lessee on inspect the expiration or soonerPremises upon at least 48 hours advance notice to determine the necessity of repair.
Appears in 1 contract
Sources: Commercial Lease Agreement
Maintenance. Lessee covenants Landlord shall maintain all Shell Construction (as follows:
a. That Lessee willdefined on Exhibit D-1 to the Lease) items, at its own expenseBuilding Systems (defined below), replace and Building common areas including all parking areas and landscaping, in good order and condition as customary for Comparable Buildings. “Building Systems” shall include all electrical, plumbing, and air conditioning systems within the Building which either were included in the Shell Construction or which were installed by Tenant pursuant to this Lease and which meet the following requirements: (i) properly approved by Landlord; (ii) installed in conformance with all plans and specifications as approved by Landlord; (iii) Tenant shall have informed Landlord in writing of the name, address, phone number and contact person of the contractor responsible for the installation of such system; (iv) Tenant shall have assigned in writing all contractor’s and manufacturer’s warranties received by Tenant in connection with such system; and (v) in connection with Tenant’s contracting for the installation thereof, Landlord shall have been expressly named as a third party beneficiary to, and shall have been provided copies of, such contract and any glass broken on related warranties. Notwithstanding the foregoing, Building Systems shall not include any improvements made to or within the Premises which differ from the base building systems; are otherwise specialized to Tenant’s use and occupancy of the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixturescustomary for office tenants in Comparable Buildings, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature supplemental HVAC units installed pursuant to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of LessorSection 23(s). This Any such improvement shall be deemed to include the floor slabsmaintained and repaired by Tenant, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, with contractors and subcontractors approved by Landlord in writing and otherwise in accordance with the provisions of Subsections 7(b) and 7(d) below. Landlord agrees to perform, fully obey provide services and comply to maintain the Building in a manner consistent with all ordinances, rules regulations the services and laws of all public authorities, boards and officers, relating maintenance provided to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without office tenants in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removalComparable Buildings; provided, however, that all costs and expenses associated with the maintenance, repair and/or replacement of any item, element or component of Building Systems which was installed by or at the request of Tenant (except as approved above) shall be borne solely by Tenant, and Tenant agrees to reimburse Landlord for all such trade fixtures costs and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or soonerexpenses within fifteen (15) days after receipt of an invoice therefor.
Appears in 1 contract
Sources: Lease Agreement (Realpage Inc)
Maintenance. Lessee covenants as follows▇▇▇▇▇▇▇▇ agrees to do any maintenance or structure repairs that are needed to the UNIT. TENANT agrees to keep the UNIT clean, neat and safe. LANDLORD shall act with customary due diligence to:
a. That Lessee will, at its own expense, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior (a) keep Common Areas of the Premises, including, PROPERTY (but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this LeaseUNIT, which shall be the responsibility of TENANT) reasonably clean;
(b) maintain fixtures, furniture, hot water, heating, and A/C equipment;
(c) substantially comply with applicable federal, state, and local laws regarding safety, sanitation, and fair housing; and
(d) make all reasonable repairs, subject to TENANT’S obligation to pay for damages for which TENANT is liable. LANDLORD may temporarily turn off equipment and/or interrupt utilities to the UNIT and/or the PROPERTY to avoid property damage or to perform work requiring such interruption as determined in LANDLORD’s sole judgment. LANDLORD will not be liable for any inconvenience, discomfort, disruptions or interference with TENANT’s use of the PROPERTY because LANDLORD is making repairs, alterations or improvements to the UNIT or the PROPERTY. If TENANT requests any repairs, and LANDLORD approves such request, the repairs will be done during LANDLORD’s usual working hours unless TENANT requests in writing that such repairs be done during other hours and such request is approved by LANDLORD. If LANDLORD approves such request TENANT will have been removed by Lessee to pay in advance any additional charges resulting from such request. TENANT agrees to take reasonable steps in order to prevent or minimize the growth of mold and mildew within the UNIT. To prevent or minimize the occurrence and growth of mold in the UNIT, TENANT hereby agrees to the following: TENANT is responsible for replacing the HVAC filter at least four times during the lease TERM at TENANT’s expense. TENANT may purchase filters from LANDLORD at a cost of $5.00 each. TENANT shall (a) remove any visible moisture accumulation in or on the expiration or soonerUNIT, including on walls, windows, floors, ceilings, and bathroom fixtures, (b) mop up spills and thoroughly dry affected area as soon as possible after occurrence, (c) use exhaust fans in kitchen and bathroom when necessary, and
Appears in 1 contract
Sources: Residential Lease Agreement
Maintenance. Lessee covenants as follows:
a. That Lessee willTenant, at its own expense, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to performshall take good care of and shall repair and maintain all driveways, fully obey pathways, roadways, sidewalks, curbs, parking areas, loading areas, landscaped areas, entrances and comply with all ordinancespassageways on the Demised Premises (except for the Landlord Items) in good order and repair. Tenant shall, rules regulations when, and laws of all public authorities, boards and officers, relating to the extent consistent with the conditions in the area, remove accumulated snow, ice and debris from any and all driveways, pathways, roadways, sidewalk, curbs, parking areas, loading areas, entrances and passageways on the Demised Premises. Tenant shall keep all portions of the Demised Premises in a clean and orderly condition free of snow, ice, dirt, rubbish, debris and unlawful obstructions debris. Tenant shall keep the Demised Premises fit for human occupancy and use. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment and escalators and/or elevators and related equipment within or serving the Demised Premises. The maintenance contractor and the contract must be approved by Landlord, which approval will not be unreasonably withheld. The service contract must include all services recommended by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to Landlord) within thirty (30) days of the date Tenant takes possession of the Demised Premises. The foregoing maintenance may be performed, in whole or part, by employees of Tenant provided that the level and scope of such maintenance is as required hereby. Tenant acknowledges that the floors of the Building are to be constructed to withstand a uniformly distributed live load capacity per square foot as required by the applicable building codes, and Tenant represents and warrants that it will not at any time subject the floors of the Building or any part thereof to any load exceeding such capacity. Tenant agrees that it shall use all reasonable and prudent storage techniques including but not limited to, even distribution of weight loads. Without limiting Tenant’s obligations for repair and maintenance set forth in this Article, Tenant shall, (following the expiration of Landlord’s construction warranty as set forth in Section 2.8), at all times repair and maintain the entire roof, roof membrane and structure and shall keep the same in a watertight condition. Tenant’s obligations under the foregoing sentence are subject to any specific provisions of the roof warranty referenced in Section 2.8. Other than as set forth in Article XXI, Tenant will not allow any person not authorized by Landlord to go upon the roof of the Building or any materials or equipment (including but not limited to any satellite or other communications equipment) to be placed upon the roof of the Building without prior written notice to Landlord, except as specified in Article XXI herein. At any time that any person goes upon such roof or any materials or equipment are placed upon such roof (except in connection with Tenant’s maintenance of Landlord permitted equipment located on the roof), Tenant shall allow Landlord or its agent the right to inspect and occupancy approve the expected life or integrity of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor the roof operation or by Lessee except as herein provided, procedure and shall not alter take any action affecting the Premises roof or any part thereof, the roof warranty without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or soonerLandlord’s written approval.
Appears in 1 contract
Sources: Net Lease (Wells Mid-Horizon Value-Added Fund I LLC)
Maintenance. Lessee covenants as followsDuring the term of this Agreement, the responsibility for maintenance, repairs and replacements with respect to the Building shall be governed by the following provisions:
a. That Lessee will1. At or before the later of the Initiation of the Lease or its taking occupancy of the Building, LESSEE will have the right to inspect the Building thoroughly. LESSEE acknowledges and agrees that (i) LESSEE's payment of the first month's rent shall signify that the Building is in good sanitary order, condition and repair and is acceptable to LESSEE, and (ii) at its own LESSEE's sole cost and expense, replace it will keep the Building and every part thereof in good condition and repair including without limitation, the maintenance, replacement and repair of any glass broken on storefront, doors, window casements, glazing, plumbing, (except concealed plumbing that is underground or within the Premises walls or doors) pipes, electrical wiring and repairconduits, restoreheating and air conditioning system (when there is an air conditioning system). LESSEE shall, upon the expiration or replace all partitions sooner termination of this Lease, surrender the Building to LESSOR in good condition, broom clean, ordinary wear and fixtures that may tear and damage from causes beyond the reasonable control of LESSEE excepted. Any damage to adjacent premises caused by LESSEE's use of the Building shall be installed repaired at the sole cost and expense of LESSEE, unless otherwise covered by it which are damaged applicable insurance. Damage to the Building or destroyed to adjacent premises caused by any causeLESSOR, its agents, servants, invitees or employees, shall be repaired at the sole cost and expense of LESSOR, unless otherwise covered by applicable insurance.
b. That Lessee 2. Notwithstanding the provisions of Clause Seventh (1) above, LESSOR shall make all nonstructural repairs to repair and maintain the interior structural portions of the PremisesBuilding, including, but not limited to, the exterior walls, roof (including leaks) underground and concealed plumbing, power distribution connections and telecommunications infrastructure, unless such maintenance and repairs to are caused in part or in whole by the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessoract, the plumbing and electrical fixturesneglect, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, fault or omission of any nature to any part of the Premises necessitated duty by the act or neglect of the Lessee or LESSEE, its agents, employees servants, employees, invitees, or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any breaking and entering, in which case LESSEE shall pay to LESSOR the actual cost of such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or soonermaintenance and
Appears in 1 contract
Maintenance. The Lessee covenants as follows:
a. That shall be solely responsible for maintenance, repairs, and upkeep of the Demised Premises and all improvements thereon. Failure to properly maintain the Demised Premises shall constitute a default in the obligations of the Lessee willhereunder; provided that written notice of such failure to maintain is delivered to the Lessee, and the Lessee is provided with at its own expenseleast thirty (30) days to cure the deficiency before the Lessee is held to be in default hereunder (provided that if the Lessee commences to cure the deficiency in such thirty (30) day period and is diligently pursuing same to completion, replace any glass broken the Lessee shall not be in default hereunder). Following the initial improvements constructed by the Lessee on the Demised Premises to include the installation of a new concrete curb and sidewalk at exit of drive-thru and site grading, furnish and asphalt paving, striping for the parking lot and concrete bumpers, any structural alteration, structural addition, or structural improvements made to the Demised Premises require the written consent of the City. Notwithstanding the foregoing or anything to the contrary in this Agreement, in no event shall the Lessee be liable for, obligated to repair, restoreor indemnify the City for, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior pre-existing condition of the Demised Premises, including, but without limitation, any pre-existing soils condition, environmental condition or other physical aspect of the Demised Premises; it being agreed that such pre-existing conditions shall be the sole obligation of the City to maintain and repair, including any remediation required for pre-existing environmental conditions (if any). The Lessee shall not limited tocause any soils conditions, repairs environmental conditions or other physical conditions (collectively “environmental conditions”) that require remediation under applicable federal, state or local laws. If the Lessee causes any such environmental conditions, the Lessee shall be responsible to complete the remediation of the same to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixturesextent required under, and the doors and locksin compliance with, Applicable Law.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Sources: In Kind Lot Lease Agreement
Maintenance. Lessee covenants as follows:
a. That Lessee will, at its own expense, replace any glass broken on ▇▇▇▇▇▇ acknowledges it has inspected the Leased Premises and repairagrees to maintain, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, the grounds and all equipment and improvements on the Leased Premises1 and to performpromptly make any and all repairs or replacements as necessary. LESSEE also agrees to maintain the Leased Premises and its improvements and equipment in good operating order and in a neat, fully obey orderly and comply presentable condition consistent with good business practices. This obligation to repair includes the obligation to make all ordinances, rules regulations and laws of all public authorities, boards and officers, relating repairs to the maintenance Hangar (including the roof and exterior structures of the Hangar) and occupancy aprons now or hereafter constructed on the Leased Premises by the LESSEE. LESSEE agrees to pay for all utilities consumed on the Leased Premises including interior and exterior utility lines, equipment, fixtures and connections owned or installed by or for LESSEE. ▇▇▇▇▇▇ shall also be responsible for snow removal in or on the Leased Premises. In the event the United States of said Premises.
f. That Lessee America or another agency, governmental or otherwise, not hired, paid or employed by LESSOR to do so, should take over, supervise and operate runways, landing areas, lights, radio control tower, and other aerial navigation aids or facilities which shall remove no additionshave been operated and maintained at the Airport by LESSOR at its own expense, improvements and alterations made LESSEE is required to make payment to such agency for the use of the facilities, then the rentals and fees provided herein for LESSEE to pay LESSOR for that particular use or activity shall terminate, it being the intent hereof that LESSEE shall not be required to pay duplicate charges. LESSOR shall not be liable for any damage either to person or property, whether sustained by Lessor ▇▇▇▇▇▇ or by Lessee except as herein providedother persons, and shall not alter due to the Premises Airport, any improvements thereon or any part thereofthereof or any appurtenances thereof being out of repair, without or due to any accident in each case or about the consent Airport, or due to any act or neglect of Lessor any tenant or occupant of the Airport or any other person, or due to lack of snow or water removal at the Airport or any part thereof or in writingconnection with the construction of any improvement by LESSOR or its contractors at the Airport. Lessee shallWithout limiting the generality of the foregoing, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any LESSOR shall not be liable for damage caused by water, steam, snow, ice, sewerage, gas, bursting or leaking of pipes or plumbing or electrical causes, or the negligence of contractors, employees, agents, or licensees of LESSOR, unless the damage is proved to be the result of the gross negligence or willful misconduct of LESSOR. Lease and/or the Airport Rules and Regulations and/or the Airport Rules and Regulations, LESSOR shall rights and remedies of LESSOR hereunder, if ▇▇▇▇▇▇ discovers and reports any maintenance deficiency to LESSEE that ▇▇▇▇▇▇ is responsible for as defined in the Lease and requires repair or replacement in order to maintain the Leased Premises, improvements, aircraft ramp, structural integrity or appearance of any structure(s), including without limitation any doors, roof and/or exterior walls, LESSEE will promptly undertake and complete such repairs or replacements at its expense. In the event LESSEE fails to perform its obligations hereunder, LESSOR may, at its sole option, after thirty (30) days notice, undertake and complete any such removal; providedmaintenance, howeverrepairs or replacements, that but will have no obligation to do so, and the cost thereof will be deemed additional rent and will be paid by LESSEE to LESSOR no later than thirty (30) days after the date of invoice from LESSOR to LESSEE for such costs. LESSEE will provide a complete and proper arrangement for the frequent and adequate sanitary handling and disposal, away from the Airport, of all trash, garbage and other refuse caused as a result of the occupancy or use of the Leased Premises. All maintenance, repairs, additions or other work of any such trade fixtures kind or nature performed, constructed or installed by or on behalf of LESSEE in or upon the Leased Premises, will conform in all respects to (a) all applicable federal, state and mechanical equipmentlocal statutes, not required ordinances and building codes, (b) all applicable rules and regulations promulgated by LESSOR including this section and the SAA Airport Rules and Regulations, and (c) the SAA’s Master Plan, design standards, if any, for the Airport, as promulgated by ▇▇▇▇▇▇ from time to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or soonertime.
Appears in 1 contract
Sources: Airport Lease Agreement
Maintenance. Lessee covenants as follows:
a. That Lessee will, at its own expense, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to performshall maintain and keep in good repair the exterior walls of the Premises, fully obey its roof, foundation and comply with the concrete walkways and parking surface, provided such repair is not necessitated because of negligence on the part of Lessee, its agents and employees. Lessee, at its sole cost and expense, shall maintain the interior of the Premises, including plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to glass frames that may be broken or damaged. Lessee shall also be responsible for the maintenance of the heating and occupancy of air conditioning system in said Premises.
f. That . Lessee further agrees to replace the whole or any portion of the sewerage and sanitary fixtures should the need arise, at its sole cost and expense. Upon expiration or termination of this Agreement, Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter redeliver possession of the Premises or any part thereof, without in each case as good condition as the consent commencement of Lessor in writing. Lessee shall, however, have the right, during the term of this LeaseAgreement, to remove its trade fixtures reasonable wear and mechanical equipment however affixed to tear only excepted. Any and all signs placed on the realtyPremises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required shall cause to be removed from said Premises any and all signs so placed at the termination of this Agreement so that the Premises will be in the same condition as before said signs were placed thereon. All signs shall be approved by Lessor pursuant prior to this Lease, which shall not have been removed by Lessee placement on the expiration or soonerPremises and, shall be in accordance with any regulatory requirements if it relates to the operation of video draw poker devices. Lessee shall be responsible for keeping the paved parking area of the Premises clean and free of debris. Lessee shall also be responsible for the painting and maintenance of any parking stripes that may be placed on said parking surface, and for the upkeep of the grass on the Premises. Lessee shall keep the entire Premises free of debris.
Appears in 1 contract
Sources: Property Lease Agreement (Petro Stopping Centers L P)
Maintenance. Lessee covenants as follows:
a. That Lessee willLandlord shall not be called upon and shall have no obligation to make any repairs, at its own expense, replace any glass broken on improvements or alterations whatsoever to the Premises and repair, restore, or replace all partitions and fixtures except that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures Landlord shall at Landlord's sole cost and mechanical equipment however affixed to expense, repair and maintain the realtyexterior walls (but not storefronts, glass, plate glass, doors), foundations, roof, roof membrane, load bearing walls and Lessee covenants promptly to repair any damage caused by any such removalfloor slabs in good structural repair; provided, however, that any such trade fixtures and mechanical equipment, Landlord shall not be required to make any repairs to any part of the Premises until written notice of the need for such repairs is given to Landlord by Tenant. If Landlord fails to prosecute such maintenance and repairs diligently and continuously until completion, Tenant may prosecute such maintenance and repairs itself and Landlord shall reimburse Tenant for the reasonable cost of such repairs within seven (7) days of receiving written notice of the same. It is further provided that Landlord shall not be removed liable for or required to make any repairs, or perform any maintenance, to or upon the Premises which are required by, related to or which arise out of negligence or willful misconduct of and by Lessor pursuant to Tenant, its employees, agent, invitees, licensees or customers, in which event Tenant shall be solely responsible therefor; and if such repairs are undertaken by Landlord, it shall be solely at the expense of Tenant and Tenant shall pay said amounts within thirty (30) days of receipt of billing therefor, or in the alternative shall be considered in default under the terms of this Lease. Except to the extent caused by the negligence or willful misconduct of Landlord, which Landlord's employees, agents, contractors, invitees or licensees, Tenant shall not have been removed by Lessee on repair, service, keep and maintain the expiration or soonerremaining portions of the Premises in good condition and repair and shall replace all glass in the windows and doors broken during the Lease term. Tenant agrees to make repairs promptly as they may be needed at Tenant's expense. If Tenant fails to prosecute such maintenance and repairs diligently and continuously until completion, Landlord may prosecute such maintenance and repairs itself and Tenant shall reimburse Landlord for the reasonable cost of such repairs within seven (7) days of receiving written notice of the same.
Appears in 1 contract
Maintenance. Lessee covenants Tenant shall keep all parts of the premises in a state of good order and condition and shall surrender the same at the expiration of the term hereof in the same good order in which they were received, reasonable wear and tear excepted. Tenant shall provide for and be responsible for the following items which have a check mark or “x” in the space provided. (CHECK AS APPLICABLE): promptly removing ice and snow as follows:
a. That Lessee willnecessary; keeping gutters, at its own expensedownspouts and exterior drains cleaned and cleared of leaves and other debris. Any repairs or replacements of property, replace any glass broken on the Premises and repair, restoreequipment, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs appliances necessary due to the interior negligence by acts of commission or omission of Tenant, his family, guests or employees, shall be paid by Tenant. Tenant will not place any heavy structures, furniture items or other such articles in the Premisespremises, including, but not limited to, repairs water beds, without the prior written consent of Landlord. No items or equipment of any nature, including bicycles, motor bikes, and/or motorcycles, will be housed in front of premises, on porches or patios, in public halls, stairways, corridors or fire escapes. No items or impediments are to be placed in the air conditioners windows, upon ledges, balconies, or balcony rails. Tenant additionally covenants and agrees as follows: To comply with the responsibilities imposed on Tenant by Chapter 8 of the Housing Regulations of the District of Columbia, and any amendments thereto; to keep that part of the premises which Tenant occupies and uses as clean and sanitary as the conditions of the premises permit; to dispose from ▇▇▇▇▇▇’s dwelling unit all rubbish, garbage, and organic or flammable waste, in a clean, safe and sanitary manner; to keep all plumbing fixtures as clean and sanitary as their condition permits; to properly use and operate all electrical, gas, plumbing and heating units fixtures and appliances; and not to permit any person on the premises with a maintenance contract that is reasonably satisfactory Tenant's permission to Lessorwillfully or maliciously destroy, the plumbing and electrical fixturesdeface, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to damage or remove any part of the Premises necessitated structure or dwelling unit or the facilities, equipment, or appurtenances thereto, nor himself do any such thing. In order to limit the level of noise which can be generated by the act bare flooring, ▇▇▇▇▇▇ agrees to install carpeting or neglect rugs with pads on 80% of the Lessee or its agentsfloor area within the enclosed leased space, employees or invites other than those resulting from firein order to effectively reduce such sounds and/or disturbances. If ▇▇▇▇▇▇ is inadvertently locked out, casualty or other insurable cause.
d. That Lessee shall make no modifications ▇▇▇▇▇▇ agrees to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed call a licensed locksmith to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating give provide access to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additionsproperty. If a professional locksmith is necessary, improvements and alterations made by Lessor or by Lessee except as herein provided▇▇▇▇▇▇ agrees to pay any charges incurred at the time access is given. If the lock must be re - keyed, and shall not alter ▇▇▇▇▇▇ agrees to provide the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed new key to the realtyLandlord or Agent, and Lessee covenants promptly to repair any damage caused by any such removal; providedwhichever is managing the property, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or soonerwithin 24 hours.
Appears in 1 contract
Sources: Lease Agreement
Maintenance. Lessee covenants as follows:
a. That Lessee will, at its own expense, replace any glass broken on ▇▇▇▇▇▇ acknowledges it has inspected the Leased Premises and repairagrees to maintain, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, the grounds and all equipment and improvements on the Leased Premises and to performpromptly make any and all repairs or replacements as necessary. LESSEE also agrees to maintain the Leased Premises and its Improvements and equipment in good operating order and in a structurally sound, fully obey neat, good operating, orderly and comply presentable condition consistent with good business practices. This obligation to repair includes the obligation to make all ordinancesrepairs any existing structure thereupon and to the aprons now or hereafter constructed on the Leased Premises by the LESSEE. LESSEE agrees to pay for all utilities consumed on the Leased Premises including interior and exterior utility lines, rules regulations equipment, fixtures and laws connections owned or installed by or for LESSEE. ▇▇▇▇▇▇ shall also be responsible for snow removal in or on the Leased Premises. LESSEE will provide a complete and proper arrangement for the frequent and adequate sanitary handling and disposal, away from the Airport, of all public authoritiestrash, boards garbage and officersother refuse caused as a result of the occupancy or use of the Leased Premises. In the event the United States of America or another agency, relating governmental or otherwise, not hired, paid or employed by LESSOR to the maintenance of do so, should take over, supervise and occupancy of said Premises.
f. That Lessee shall remove no additionsoperate runways, improvements and alterations made by Lessor or by Lessee except as herein providedlanding areas, lights, radio control tower, and other aerial navigation aids or facilities which shall have been operated and maintained at the Airport by LESSOR at its own expense, and LESSEE is required to make payment to such agency for the use of the facilities, then the rentals and fees provided herein for LESSEE to pay LESSOR for that particular use or activity shall terminate, it being the intent hereof that LESSEE shall not alter be required to pay duplicate charges. In the Premises event that ▇▇▇▇▇▇ discovers any maintenance deficiency that LESSEE is responsible for as defined in the Lease and/or the Airport Rules and Regulations for Shreveport Regional Airport adopted August 5, 1985, as amended, or any part thereofthe Airport Rules and Regulations at Shreveport Downtown Airport, without in each case adopted February 5, 2004, as amended, (the consent applicable Rules and Regulations are referred to herein as “the Airport Rules and Regulations”), which requires repair or replacement, LESSOR shall notify LESSEE of Lessor such deficiency in writing. Lessee shall, however, have in accordance with the right, during the term Notice requirements set forth in Section 29 of this Lease, to remove its trade fixtures and mechanical equipment however affixed with particularity, including but not limited to the realtyaction(s) necessary to remedy same, and Lessee covenants promptly provide for a reasonable cure period within which to repair remedy same. All maintenance, repairs, additions or other work of any damage caused kind or nature performed, constructed or installed by any such removal; providedor on behalf of LESSEE in or upon the Leased Premises, howeverwill conform in all respects to (a) all applicable federal, that any such trade fixtures state and mechanical equipmentlocal statutes, not required to be removed by Lessor pursuant to ordinances and building codes, (b) the terms of this LeaseSection, which shall not have been removed by Lessee on (c) the expiration or soonerAirport Rules and Regulations, and (d) the Airport Planning Documents and (e) the SAA Airport Leasing Policy.
Appears in 1 contract
Sources: Airport Lease Agreement
Maintenance. Lessee covenants as follows:
a. That Lessee (a) Tenant will, at its own expense, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, keep, maintain, repair and replace (when necessary) the interior portions of the Premises (which Landlord is not obligated to performrepair in accordance with Section 11(b) below) in first-class condition and make all needed repairs thereto, fully obey including plate glass, doors, windows, exposed interior utility lines, meters, pipes, conduits, fixtures and other equipment and systems (including, without limitation, HVAC equipment) serving exclusively the Premises and equipment and personal property of Tenant within the Premises, the Pool and elevators exclusively serving the Premises. Tenant shall permit no waste, damage or injury to the Premises. Tenant shall perform all necessary repairs, alterations and improvements to cause the Premises to comply with all ordinancesapplicable Laws, rules regulations except that Landlord (and laws of all public authoritiesnot Tenant) shall be responsible for making any capital repairs, boards and officers, relating alterations or improvements to the maintenance Premises required to cause the Premises to comply with applicable Laws to the extent that such compliance is not required as a result of and occupancy Tenant’s particular use of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or Tenant's particular Alterations to the Premises, but the cost of such capital item may be includable in Common Area Expenses on an amortized basis as provided in Section 10(a) above. Notwithstanding anything to the contrary contained in this Lease, if at any part thereoftime during the Term of this Lease, without Tenant is required to make any replacements to the HVAC equipment serving the Premises or other mechanical or utility systems serving the Premises having a useful life extending beyond the expiration of the Term of this Lease, then Landlord shall reimburse Tenant for a fraction of the costs of the applicable replacement item, the numerator of which is the number of months in the reasonably anticipated useful life of the applicable replacement item beyond the expiration of the Term of this Lease and the denominator of which is the total number of months in the reasonably anticipated useful life of the applicable replacement item, which reimbursement shall be made by Landlord to Tenant within thirty (30) days following Tenant’s submission to Landlord of request therefor accompanied by reasonable evidence of the costs of such replacement item.
(b) Landlord will, at its sole cost and expense, keep, maintain, repair and replace in first-class and professional manner and repair consistent with the standards of first-class shopping centers comparable to the Shopping Center located in the vicinity of the Shopping Center, and (subject to Tenant’s obligation to perform necessary repairs, alterations or improvements to the Premises to comply with applicable Laws where such compliance is required as a result of Tenant’s particular use of, or alterations to, the Premises) perform any repairs, improvements or alterations required by applicable Laws to, the foundation, footings, roof, roof membrane, exterior walls (provided that Common Area Expenses may include (i) graffiti removal from and touch-up painting of exterior walls, and (ii) complete painting of exterior walls not more often than once per each case five (5) year period during the consent Term, provided that the cost of Lessor such complete painting shall be amortized over a five (5) year period and Common Area Expenses shall only include one-fifth (1/5th) of the cost thereof during each year of such amortization) and structural portions of, the Premises (excluding front doors, windows, and plate glass), utility lines, meters, pipes, conduits, fixtures and other equipment and systems (except if exposed within the Premises and serving exclusively the Premises), exterior sprinkler systems, gutters and downspouts, plus all Common Areas of the Shopping Center. Tenant may give Landlord notice of such repairs as may be required under the terms of this Section, and Landlord shall proceed forthwith to effect the same with reasonable diligence, but in writing. Lessee no event later than thirty (30) days after having received notice (or such greater period of time as is reasonably necessary to complete such repairs in the event such repairs are not reasonably susceptible of completion within thirty (30) days, provided Landlord shall, howeverfollowing receipt of such notice from Tenant, promptly commence such repairs and diligently prosecute the same to completion). In event of an “emergency” (which, as used in this Lease, shall mean a situation posing an imminent risk of material property damage, injury to persons or interruption of business operations in the Premises), Tenant shall have the right, during but not the term of this Leaseobligation, to remove its trade fixtures undertake immediate repairs of such nature as would normally be Landlord’s responsibility, and mechanical equipment however affixed notify Landlord promptly after such repairs have been undertaken (including, without limitation, notice by telephone, to the realty, and Lessee covenants promptly extent reasonably practicable). If Landlord fails to repair any damage caused by portion of the Premises which is Landlord’s responsibility, within the thirty (30) day period set forth above (or such greater period of time as is reasonably necessary to complete such repairs in the event such repairs are not reasonably susceptible of completion within thirty (30) days, provided that following receipt of such notice from Tenant, Landlord promptly commences such repairs and diligently prosecutes the same to completion) and upon delivery of an additional notice to Landlord, or in the case of any emergency as above stated, Tenant may without notice perform the repairs or maintenance and Landlord shall reimburse Tenant for the reasonable cost of such removalrepairs within thirty (30) days following Landlord’s receipt from Tenant of invoices and/or other reasonable evidence of the amount of such costs; provided, however, that any in the event Landlord in good faith disputes whether Tenant properly performed an obligation of Landlord hereunder or the cost of such trade fixtures and mechanical equipmentperformance, not required Landlord shall have the right to be removed dispute the same by Lessor institution of a reference proceeding in accordance with the provisions of Section 39 below. If it is determined pursuant to this Leasesuch proceeding that Tenant did not properly perform an obligation of Landlord in accordance herewith or that the cost of such performance was unreasonable, which then Tenant shall not have any right to reimbursement for the cost of performance as herein provided (or, as to a determination of unreasonable cost, Tenant shall not be entitled to reimbursement of the portion of the cost of such performance determined to be unreasonable). If it is determined pursuant to such proceeding that Tenant properly performed an obligation of Landlord hereunder, then Landlord shall within thirty (30) days following such determination, reimburse Tenant for the reasonable cost of such performance as determined pursuant to such action, plus interest thereon at the “Interest Rate” (as hereinafter defined) from the date of Tenant’s expenditure until Landlord’s reimbursement. Should Landlord fail to pay such amount as is owing in accordance herewith (A) within thirty (30) days of receipt of invoice and/or other reasonable evidence of the amount of such costs (if Landlord does not institute an action within such thirty (30) day period to in good faith dispute as herein provided), or (B) within thirty (30) days after such determination by such action, as applicable, Tenant may deduct and offset such amount (including interest at the Interest Rate from the time such expenditure was made by Tenant until paid by Landlord) from Minimum Rent, Percentage Rent, Tenant’s Share of Common Area Expenses, Taxes and Insurance and other monetary obligations of Tenant owing to Landlord hereunder, provided that in no event shall such deduction or offset exceed twenty-five percent (25%) of Minimum Rent for the applicable month, or such greater percentage as is necessary to allow Tenant full recovery of the amount owing over the remainder of the Term.
(c) Landlord and its authorized representatives may enter the Premises during usual business hours, upon not less than twenty-four (24) hours’ prior written notice to Tenant to (i) inspect the same; and (ii) show the same to prospective mortgagees, buyers and, in the final six (6) months of the Term, tenants. Landlord may, upon reasonable prior notice to Tenant (except that no such prior notice shall be required in an emergency situation of imminent personal injury or material property damage where notice is not reasonably practicable under the circumstances), enter the Premises to make additions, alterations or repairs to the Premises as Landlord is required to make in accordance with this Lease or in order to comply with applicable Laws, provided, however, that all such additions, alterations and/or repairs shall be performed in a manner so as to minimize interference with the operation of Tenant’s business from the Premises. In addition, in event of an emergency, Landlord shall have the right, but not the obligation, to undertake immediate repairs of such nature as would normally be Tenant’s responsibility, and notify Tenant promptly after such repairs have been removed undertaken (including, without limitation, notice by Lessee on telephone, to the expiration extent reasonably practicable). If Tenant fails to repair any portion of the Premises which is Tenant’s responsibility, within thirty (30) days after notice from Landlord of the necessity for such repair (or soonersuch greater period of time as is reasonably necessary to complete such repairs in the event such repairs are not susceptible of completion within thirty (30) days, provided that following receipt of such notice from Landlord, Tenant promptly commences such repairs and diligently prosecutes the same to completion), or in the case of any emergency as above stated, Landlord may perform the repairs or maintenance and Tenant shall reimburse Landlord for the reasonable cost of such repairs within thirty (30) days following Tenant’s receipt from Landlord of invoices or other reasonable evidence of the amount of such costs; provided, however, that in the event Tenant in good faith disputes whether Landlord properly performed an obligation of Tenant hereunder or that the cost of such performance was unreasonable, Tenant shall have the right to dispute the same by institution of a reference proceeding in accordance with the provisions of Section 39 below. If it is determined pursuant to such proceeding that Landlord did not properly perform an obligation of Tenant in accordance herewith or that the cost of such performance was unreasonable, then Landlord shall not have any right to reimbursement for the cost of performance as herein provided (or, as to a determination of unreasonable cost, Landlord shall not be entitled to reimbursement of the portion of the cost of such performance determined to be unreasonable). If it is determined pursuant to such proceeding that Landlord properly performed an obligation of Tenant hereunder, then Tenant shall within thirty (30) days following such determination, reimburse Landlord for the reasonable cost of such performance as determined pursuant to such action, plus interest thereon at the Interest Rate from the date of Landlord’s expenditure until Tenant’s reimbursement.
Appears in 1 contract
Sources: Retail Lease (Sport Chalet Inc)
Maintenance. Lessee covenants as follows:
a. That Lessee will, at its own expense, replace any glass broken on All expenses of maintenance of the Leased Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This additions thereto shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused borne solely by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removalTenant; provided, however, that as to any major structural or other capital repairs or replacements, Tenant shall only be responsible for a percentage of the cost equal to the ratio between the remaining term of this lease and the useful life of such capital repair or replacement. All maintenance and repairs performed by Landlord or Tenant shall be performed in accordance with all applicable laws. In the event during the term of this lease Landlord reasonably determines that repairs should, from time to time be made, and gives notice of such needed repairs to Tenant in writing, Tenant agrees promptly to make (or commence in the event such repairs cannot reasonably be completed within thirty (30) days in which event such repairs shall be completed as quickly as reasonably possible) such repairs within a period of thirty (30) days after such notification, and should it fail to do so, Landlord shall have the right to perform such repairs, and any monies expended therefor shall immediately become due and payable by Tenant to Landlord as additional rent. Performance by Landlord of said work shall not operate, however, so as to relieve Tenant of its default in failing to make such repairs. No mechanics’ liens shall be placed against the Leased Premises on account of any improvement made, or labor or materials furnished incident thereto as to the request of Tenant, or any contractor or subcontractor under, or in privity with Tenant, and all contractors, subcontractors, laborers, mechanics, materialmen and others are called upon to take due notice of this clause, it being the intent hereby to expressly prohibit any such trade fixtures and mechanical equipment, not required lien. As to be removed by Lessor any repair or replacement to the Leased Premises that either party is entitled to receive reimbursement for all or part of the cost thereof from the other party pursuant to this Leasethe terms hereof, prior to making such repair or replacement the party making such repair or replacement shall provide in writing an itemized cost estimate and scope of work therefor and provide such other party a reasonable opportunity to review and minimize such cost. Upon the performance of any such repair or replacement by a party hereto for which such party is entitled to receive reimbursement for all or part of the cost thereof from the other party hereto, the party performing such repair or replacement shall provide a written invoice to the other party, which party shall not have been removed by Lessee on pay the expiration or sooneramount invoiced in full within fifteen (15) days of the delivery of such invoice.
Appears in 1 contract
Maintenance. Lessee covenants as follows:
a. That Lessee willExcept for maintenance and repairs performed by the Association, all maintenance and repairs respecting the Leased Premises shall be performed by Tenant at Tenant's expense. Tenant shall, at all times, keep the Leased Premises (including maintenance of its entrances and all glass except to the extent same is maintained by the Association) and Please Initial: -------------- Landlord: [SIGNATURE ILLEGIBLE] ---------------------- Tenant: [SIGNATURE ILLEGIBLE] ------------------------ all interior partitions, doors, fixtures and equipment in good order, condition and repair, except for those portions maintained by the Association. Tenant further agrees to replace promptly at its own expenseexpense with glass of a like kind and quality and plate glass or window glass of the Leased Premises which may become cracked or broken by reason of Tenant's negligence; not to place or maintain articles in the vestibule or entry of the Leased Premises, replace any glass broken in the hallway adjacent thereto or elsewhere on the Premises exterior thereof; not to permit accumulations of garbage, trash, rubbish and repairother refuse, restore, and to keep such refuse in proper containers (or replace all partitions and fixtures that may be installed in trash room maintained by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to Tenant) in the interior of the Premises, including, but Leased Premises until removed; not limited to, repairs to use or permit the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, use of any nature to apparatus for sound reproduction or transmission or of any part musical instrument in such manner that the sound so reproduced, transmitted or produced shall be audible beyond the interior of the Premises necessitated by Leased Premises; to keep all mechanical apparatus free of vibration and noise which may be transmitted beyond the act or neglect confines of the Lessee Leased Premises; not to cause or its agents, employees permit objectionable odors to emanate or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions dispelled from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor Leased Premises; to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinanceslaws and ordinances and all valid rules and regulations of any Federal, rules regulations State, Municipal or public authority or the Association having jurisdiction over the Leased Premises and laws Landlord, and all recommendations of all any public authorities, boards and officers, relating or private agency having authority over insurance rates with respect to the maintenance of and use or occupancy of said Premises.
f. That Lessee shall remove no additions, improvements the Leased Premises by Tenant; and alterations made by Lessor to conduct its business in the Leased Premises in all respects in a dignified manner and in accordance with high standards of office operation. In the event Landlord or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not Association is required to be removed make repairs to structural portions of the Leased Premises by Lessor pursuant reason of Tenant's negligent acts or omissions to this Leaseact, which Landlord may charge the actual cost of such repairs to Tenant and such cost shall not have been removed by Lessee on the expiration or soonerthereafter become due as Additional Rent.
Appears in 1 contract
Sources: Lease Agreement (Tamboril Cigar Co)
Maintenance. Lessee covenants as follows:
a. That Lessee willA. After final acceptance of the completed installations by INDOT, the WFS shall remain the property of the City. The City shall be responsible for maintenance of the WFS. The City shall maintain an adequate inventory of all materials needed to properly maintain the WFS. The City shall notify the DTE at its own expense, replace any glass broken least one (1) day prior to beginning repair or maintenance work on the Premises and WFS so that an INDOT representative may be present during the repair or maintenance work. In the event of an emergency repair, restorethe City shall perform such work immediately and notify INDOT within one (1) day of the work.
B. INDOT will make reasonable efforts to notify the City when construction or road work activities require the temporary removal or relocation of the WFS. The City shall temporarily relocate or remove the WFS based on the instructions of the DTE. INDOT will not be responsible for any WFS that is destroyed due to INDOT’s negligence or the negligence of any INDOT contractors or subcontractors.
C. Locations and/or destinations may be added to Exhibit A by written request of the City and submission of Exhibit B, attached and made a part of this Agreement, and written concurrence from the Crawfordsville District Deputy Commissioner. At locations added to Exhibit A, all provisions of this Agreement shall apply. The City may remove a WFS by written request and submission of Exhibit B and written concurrence from the Crawfordsville District Deputy Commissioner.
D. If INDOT receives a request for a separate sign for an attraction or replace all partitions and fixtures facility that may be installed by it which are damaged appropriate for inclusion on an existing WFS, upon written request from INDOT, the City will add the attraction or destroyed by any causefacility to the WFS at no cost to INDOT.
b. That Lessee shall make all nonstructural repairs E. A WFS on INDOT routes may be permanently removed and returned to the interior of City by INDOT when, in INDOT’s opinion, the Premises, includingWFS is not adequately maintained. Adequate maintenance shall include, but is not limited to, repairs removal of the name of any attraction or facility that has closed. Moreover, at least one (1) attraction on each WFS must meet the qualifications noted in the current version of the Indiana Guide Sign Program Policy at all times, or any superseding policy.
F. This Agreement for WFS does not supersede any previous agreements between the Parties for directional signs except for any agreements pertaining to signs which offer duplicate messages to those on the WFS. Signs with duplicate messages shall be removed and agreements permitting such shall be rescinded. If the removed sign is the property of INDOT, the sign shall be returned by the City to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locksINDOT Crawfordsville District Traffic Office.
c. That Lessee shall make all repairs and, if G. The Parties agree that they will deliver any documents as may be reasonably necessary for the replacement, performance of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default their obligations under this Lease entitling Lessor to exercise any of the remedies provided for hereinAgreement.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Maintenance. Lessee covenants as follows:
a. That Lessee will, at its own expense, replace any glass broken on The Tenant agrees to maintain the Premises in a reasonable and repairclean condition throughout this Agreement, restoreand any renewals of this Agreement which may occur. The Landlord shall cover major maintenance (i.e., maintenance with a cost or replace all partitions and fixtures anticipated cost of greater than $100.00) that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs is not due to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act misuse or neglect of the Lessee Premises by the Tenant or its agentsthe Tenant’s family, employees or invites guests. The Tenant may NOT maintain or change the locks without the prior written agreement of both the Landlord and the Tenant, or unless the changes are made in compliance with the Act. The Tenant shall be responsible for filling and cleaning the bird bath(s) on the Premises. The Tenant shall maintain any garden or grass areas which the Tenant will be using exclusively. Maintenance shall include, but not be limited to, cutting, pruning, fertilization, watering, and weeding. The Tenant will be responsible for grass, flowers, trees, shrubs, ▇▇▇▇▇▇, and all other than those resulting from fire, casualty desired plant life in the garden or other insurable cause.
d. That Lessee grass area. The Tenant shall make no modifications to any parts be responsible for the maintenance of the structure of children’s play area on the Premises without written approval of LessorPremises, which the Tenant will be using exclusively. This includes keeping the play area free of harmful debris and litter, and ensuring that any playground equipment is safe and in proper repair. The storage shed and/or garage associated with the Premises, which the Tenant will be exclusively using, shall be deemed to include maintained by the floor slabsTenant. This includes periodic cleaning and minor structural maintenance, perimeter walls and the roof maintenance of the Premises any stored contents such as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premisespower tools, including adjoining sidewalks free of rubbishbicycles, debrisor recreational vehicles, and also in such condition as includes ensuring security of the Board of Health shed and/or garage from thieves and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable causenesting animals. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to The Tenant shall be responsible for the maintenance of and occupancy the patio on the Premises, which the Tenant will be using exclusively. This includes keeping it free of said Premises.
f. That Lessee shall remove no additionsdebris, improvements and alterations made by Lessor or by Lessee except as herein providedlitter, and shall not alter the Premises unwanted plant or any part thereoffungal growth. It also includes maintaining associated fixtures or furnishings, without in each case the consent of Lessor in writing. Lessee shallsuch as barbecues, howeverhibachis or fire pits, have the rightdeck tables, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realtychairs, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which umbrellas. The Tenant shall not have been removed by Lessee maintain the fence on the expiration or soonerPremises, ensuring it is kept in its original state of appearance and structural integrity.
Appears in 1 contract
Sources: Residential Tenancy Agreement
Maintenance. Lessee covenants Notwithstanding anything to the contrary contained in the Lease, as follows:
a. That Lessee willof the date of this Fourth Amendment, at its own expense, replace any glass broken on the maintenance and repair obligations for the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed allocated between Landlord and Tenant as set forth on Exhibit B attached hereto. The maintenance obligations allocated to include Tenant pursuant to Exhibit B (the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant “Tenant Maintenance Obligations”) shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused performed by fire, casualty or other insurable cause. Lessee further agrees Tenant at its Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in the Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Premises, and Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to performbe responsible, fully obey as provided in Section 13 of the Lease, for capital repairs and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating replacements required to be made to the maintenance Project. If Tenant fails to maintain any portion of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any for which Tenant is responsible as part thereofof the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of the Lease, without in each case the consent of Lessor in writing. Lessee shall, however, Landlord shall have the right, during but not the term of this Leaseobligation, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or soonerprovide Tenant with written
Appears in 1 contract
Maintenance. Lessee covenants as follows:REPAIRS, REPLACEMENTS, ADDITIONS, ALTERATIONS, INSTALLATIONS
a. That Lessee will15.1 The Tenant shall, at its own expense, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premises, including, but not limited to, repairs to the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to Lessor, the plumbing and electrical fixtures, and the doors and locks.
c. That Lessee shall make all repairs and, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, keep and maintain the Premises in good order and condition, the whole as a careful owner would do.
15.2 The Landlord shall be entitled, at any time and from time to performtime, fully obey with reasonable notice, to enter and comply with all ordinancesexamine the state of repair, rules regulations maintenance, and laws order of all public authorities, boards and officers, relating the Premises. The Landlord may give notice to the Tenant requiring that the Tenant perform all maintenance and effect all repairs and replacements to which it is obliged pursuant to the terms hereof. Failure of and occupancy of said Premisesthe Landlord to give such notice shall not, however, relieve the Tenant from its obligations under section 14.
f. That Lessee 1. In the event that the Tenant fails to commence such maintenance, repairs, or replacements within fifteen (15) days of the Landlord's notice and to complete the same with reasonable diligence, the Landlord shall remove no have the right, but not the obligation, to elect, at its sole discretion, to cause the repairs, maintenance, or replacements to be undertaken, and to charge the Tenant thereof, acting reasonably. Notwithstanding the foregoing, in the event of an emergency, the Landlord shall have the immediate right, but not the obligation, without prior notice to the Tenant, to cause such repairs, maintenance, or replacements to be undertaken, and to charge the Tenant thereof acting reasonably.
15.3 The Tenant shall not make additions, improvements and alterations made by Lessor installations, alterations, improvements, changes or by Lessee except as herein provided, and shall not alter additions to the Premises or any part thereof, thereof (collectively the "Improvements") without in each case the prior written consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this LeaseLandlord, which shall not have been removed by Lessee on be unreasonably withheld. As a condition precedent to obtaining the expiration or soonerLandlord's consent, the Tenant shall submit to the Landlord:
15.3.1 the plans and specifications relating to the Improvements;
15.3.2 all necessary permits from the appropriate public authorities;
15.3.3 the name of its contractor and proof, satisfactory to the Landlord, that such contractor is adequately insured against risks which a prudent contractor would normally insure against;
Appears in 1 contract
Sources: Lease (Total Entertainment Inc)
Maintenance. Lessee covenants as follows:
a. That Lessee will, shall maintain the leasehold improvements of whatever nature situated on the Leased Premises at its own expense, replace any glass broken on the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That . Lessee shall make at all nonstructural repairs times maintain the Leased Premises in a safe, neat and orderly manner; free from trash, debris or other unsafe, unsightly or unsanitary matter. Should Lessee fail to maintain the interior of the PremisesLeased Premises in a safe, including, but not limited to, repairs to the air conditioners neat and heating units with a maintenance contract that is reasonably satisfactory to Lessororderly manner, the plumbing and electrical fixtures, and Lessor reserves the doors and locks.
c. That Lessee shall make all repairs and, if necessary right to intervene in the replacement, resolve such matters after a period of any nature to any part of the Premises necessitated seventy-two (72) hours. All costs for such intervention by the act or neglect Lessor will be the responsibility of the Lessee or its agentsLessee, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This shall be deemed to include the floor slabs, perimeter walls and the roof of the Premises as well as any suspensions from the roof structure. A violation of this covenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided for herein.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its Lessee’s sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating pursuant to the Port of Pensacola Terminal Tariff. Lessor’s obligation, if any, to maintain the Leased Premises shall be limited to major structural components, including but not necessarily limited to those items listed in Section 23. All other maintenance, including maintenance of any and occupancy all improvements constructed or placed by the Lessee, shall be the responsibility of said Premises.
f. That the Lessee, at Lessee’s sole cost and expense. With the exception of improvements pursuant to Section 9(b) above, Lessee has the right to make any and all repairs to the Leased Premises or the supporting improvements that are the responsibility of Lessor to correct conditions that immediately and significantly threaten its leasehold improvements, warehouse contents, or operations thereof. Lessee shall remove notify Lessor of any such intended repair action at least fifteen (15) days prior to the work being performed unless said work must be performed immediately to address an emergency situation (i.e., to prevent the threat of imminent property damage or personal injury or a material interruption of Lessee's business operations), in which event Lessee may perform such work immediately without notice or expiration of a waiting period (but Lessee shall notify Lessor of such repair work as soon as practicable following initiation of emergency repair efforts). Notwithstanding the foregoing, in no additions, improvements and alterations made event shall Lessee have the right to proceed with work until approved by the Port Director. This provision will not be exercised unreasonably by Lessor or Lessee, but is intended to allow Lessee to protect the substantial investment being made in the leasehold improvements and Lessee's business operation. If Lessee undertakes repairs that are the responsibility of Lessor, upon approval of Lessor, Lessor shall reimburse Lessee for the reasonable and necessary costs and expenses incurred by Lessee except as herein provided, and shall not alter therefore.
12. Section 23 of the Premises or any part thereof, without Original Agreement is hereby amended in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, its entirety to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or soonerread:
Appears in 1 contract
Sources: Lease Agreement
Maintenance. Lessee covenants as follows:
a. That Lessee will(a) Subject to the provisions of Section 18, Tenant shall, at its own Tenant's sole cost and expense, replace any glass broken on during the entire term, keep and maintain in good order, condition and repair the Premises and repair, restore, or replace all partitions and fixtures that may be installed by it which are damaged or destroyed by any cause.
b. That Lessee shall make all nonstructural repairs to the interior of the Premisesevery part thereof, including, but not limited to, repairs to all plumbing, sewage, fixtures, interior walls, Storefront(s), showcases, skylights, all electrical facilities and equipment, lighting fixtures, lamp▇▇▇, ▇▇ns and electrical motors, all other appliances and equipment of every kind and nature, sprinkler equipment (if any), and any other mechanical systems in the air conditioners and heating units with a maintenance contract that is reasonably satisfactory to LessorPremises. Tenant's obligations shall include, but shall not be limited to, the plumbing obligation to replace when necessary any of the items required to be maintained by Tenant at it sole cost and electrical fixturesexpense. Such replacement of items shall be of comparable quality to those that they are replacing. If Tenant fails to perform Tenant's obligations under this Section 11, Landlord may, at Landlord's option enter upon the Premises and put the same in good order, condition and repair and make such replacements as may be necessary, and the doors cost thereof shall become due and locks.
c. That Lessee shall make all repairs andpayable as additional rent by Tenant to Landlord upon demand, if necessary the replacement, of any nature to any part of the Premises necessitated by the act or neglect of the Lessee or its agents, employees or invites other than those resulting from fire, casualty or other insurable cause.
d. That Lessee shall make no modifications to any parts of the structure of the Premises without written approval of Lessor. This but nothing in this sentence contained shall be deemed to include impose a duty upon Landlord or affect in any manner the floor slabsobligations placed upon Tenant by this Section 11. Any such entry by Landlord shall not be deemed to be an eviction of Tenant.
(b) Tenant shall provide for (at Tenant's cost and expense as hereinafter set forth) the maintenance, perimeter walls repair and replacement of the heating, ventilating and air conditioning equipment (HVAC) in the Premises. Tenant shall perform or contract with independent contractors for such maintenance, repair and replacement,
(c) Tenant shall furnish (at Tenant's costs and expense as hereinafter set forth) trash and garbage receptacles and the roof removal of trash and garbage from said receptacles and the Premises as well as any suspensions removal of trash and garbage from the roof structuresaid receptacles. A violation of this covenant Tenant shall be deemed a default under this Lease entitling Lessor to exercise any of the remedies provided itself furnish, or shall contract with independent contractors for hereinsuch receptacles and trash and garbage removal.
e. That Lessee will keep the entire Premises, including adjoining sidewalks free of rubbish, debris, and also in such condition as the Board of Health and Board of Fire Underwriters having authority in such matters may lawfully require with the exception of damage caused by fire, casualty or other insurable cause. Lessee further agrees at its sole cost and expense, to perform, fully obey and comply with all ordinances, rules regulations and laws of all public authorities, boards and officers, relating to the maintenance of and occupancy of said Premises.
f. That Lessee shall remove no additions, improvements and alterations made by Lessor or by Lessee except as herein provided, and shall not alter the Premises or any part thereof, without in each case the consent of Lessor in writing. Lessee shall, however, have the right, during the term of this Lease, to remove its trade fixtures and mechanical equipment however affixed to the realty, and Lessee covenants promptly to repair any damage caused by any such removal; provided, however, that any such trade fixtures and mechanical equipment, not required to be removed by Lessor pursuant to this Lease, which shall not have been removed by Lessee on the expiration or sooner
Appears in 1 contract
Sources: Lease Agreement (Dominion Homes Inc)