Common use of Maintenance Clause in Contracts

Maintenance. Lessee, at its sole cost and expense, shall maintain and ----------- keep in good repair all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debris.

Appears in 2 contracts

Sources: Property Lease Agreement (Petro Stopping Centers L P), Property Lease Agreement (Petro Stopping Centers Holdings Lp)

Maintenance. Lessee(a) Subject to the provisions of Section 18, Tenant shall, at its Tenant's sole cost and expense, shall during the entire Term, keep and maintain and ----------- keep in good order, condition and repair the Premises and every part thereof, including, but not limited to, all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, pipingsewage, fixtures, interior walls, storefront(s), all electrical facilities and equipment, painting or decorating lighting fixtures, lamp▇▇▇, ▇▇ns and electrical motors, all other appliances and equipment of any kindevery kind and nature, sprinkler equipment (if any), and any other mechanical systems in the Premises. Tenant's obligations shall include, but shall not be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for limited to, the repair, maintenance and replacement obligation to replace when necessary any of the heating and air conditioning system in said Premises. Lessee further agrees items required to replace the whole or any portion of the sewerage and sanitary fixtures should the need arise, be maintained by Tenant at its sole cost and expense. Upon expiration or termination Such replacement items shall be of comparable quality to those that they are replacing. If Tenant fails to perform Tenant's obligations under this AgreementSection 11, Lessee shall redeliver possession of 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 good condition may be necessary, and the cost thereof shall become due and payable as at additional rent by Tenant to Landlord upon demand, but nothing in this sentence contained shall be deemed to impose a duty upon Landlord or affect in any manner the commencement of the term of obligations placed upon Tenant by this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of LessorSection 11. Any such signs placed on the Premises entry by Lessee Landlord shall not be and remain the property and responsibility of Lessee, and Lessee shall cause deemed to be removed an eviction of Tenant. (b) Tenant shall provide for (at Tenant's cost and expense as hereinafter set forth) the maintenance, repair and replacement of the heating, ventilating and air conditioning equipment (HVAC) in the Premises. (c) Tenant shall furnish (at Tenant's costs and expense as hereinafter set forth) trash and garbage receptacles and the removal of trash and garbage 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 prior to placement on the Premises. 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 for debrisreceptacles.

Appears in 2 contracts

Sources: Lease Agreement (Dominion Homes Inc), Lease Agreement (Dominion Homes Inc)

Maintenance. LesseeOwner agrees, at its sole cost and expense, to perform the Maintenance obligations for all Facilities located within the Easement Premises. The Village shall maintain have the right to enter the Easement Premises and ----------- keep in good repair all portions the adjacent areas reasonably necessary for purposes of fulfilling the purposes of the Easement, with such equipment and personnel as may be deemed necessary for the purposes of performing the appropriate Maintenance should the Owner fail to provide or perform such Maintenance. Village shall have the right, but not the obligation, to enter the premises with such equipment and personnel at any time for the purposes of access to and inspection of the Facilities located within said Easement Premises. If the Owner fails to perform its Maintenance obligations with respect to said Facilities, including without limitation and after thirty (30) days of receipt of written notice from Village of said failure the roofOwner fails to make the required repairs, foundation the village has the right, but not the duty, to make the required repairs and be reimbursed (with an additional 10% of said cost for administration) from the concrete walkways and parking surface areas thereofOwner, and/or to file a lien within ninety (90) days of completion of the work against all property described by the plat which maybe foreclosed by any action brought by or on behalf of Village) on the property for the costs incurred by Village in connection with performing the repairs or Maintenance. In additionan emergency situation, Lesseethe Village is not required to provide notice to the Owner prior to making the required repairs or performing the necessary Maintenance. To the extent that the Easement Premises is improved with best practices plantings or stormwater control facilities that require ongoing maintenance and inspection, at its sole cost and expenseto the extent that Village retains outside consultants for such inspection and/or maintenance (“Outside Services”), shall maintain all portions the Owner of the interior of underlying property shall reimburse Roselle for the Premisescost plus a ten percent (10%) administrative fee for said Outside Services. The foregoing easement provides Village the right, including without limitationreimbursement to an Owner, plumbingto remove any fences, electrical, piping, fixtures, equipment, painting buildings or decorating of any kindstructures, and to cut down, trim or remove any trees, shrubs, bushes, roots or other plantings that interfere with the operation or access to such stormwater management Facilities in, on, upon, across, under or through any drainage easement, outlot or SWME shown within this plat and to inspect the Easement periodically. The Village shall be responsible for all glass frames that may be broken or damaged. Lessee shall also not be responsible for the repairreplacement or repair of any such buildings, maintenance and replacement structures, improvements, turf, fences, trees, gardens, shrubs or landscaping removed or damaged during the exercise of the heating and air conditioning system in herein given rights. Replacement and/or repair of said Premises. Lessee further agrees to replace items shall be the whole or any portion responsibility of the sewerage and sanitary fixtures should the need ariseOwner. OWNER UNDERSTANDS AND ACKNOWLEDGES THAT SHOULD VILLAGE EXERCISE ITS RIGHT TO PERFORM MAINTENANCE TO THE FACILITIES THROUGH EASEMENT ACTIVITIES ON THE EASEMENT PREMISES, at its sole cost and expense. Upon expiration or termination of this Agreement, Lessee shall redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrisTHE VILLAGE MAY LIEN THE OWNER PROPERTY FOR THE COSTS OF ANY SUCH MAINTENANCE WORK PERFORMED.

Appears in 2 contracts

Sources: Easement Agreement, Easement Agreement

Maintenance. LesseeLessee shall at its sole cost keep and maintain the Premises and appurtenances and every part thereof (except foundations which Lessor agrees to repair), including windows and skylights, if any, sidewalks adjacent to said Premises, the exterior roof and exterior walls, and any storefront and interior of the Premises in good, safe and sanitary order, condition and repair, hereby waiving all right to make repairs at the expense of Lessor whether or not such right arises by operation of law or otherwise. In the event it becomes necessary to repair or replace the exterior roof, any such work shall be performed in accordance with Lessor's specifications then in effect. Lessor shall have the responsibility to paint the exterior walls of the Premises, at its Lessee's sole cost and expense, no more often than every five (5) years from the date of the last such painting. Lessee agrees to promptly reimburse Lessor for all reasonable costs incurred in connection with such painting activity after Lessor shall have given within notice of such costs to Lessee but in no event shall such reimbursement be later than the due date of Lessee's next installment of rent. Except as expressly provided in this Lease, Lessor shall have no duty, obligation or liability whatsoever to care for or maintain and ----------- keep in good repair all the Premises or the building of which the Premises may be a portion, including but not limited to structural or nonstructural portions of the Premises and all adjacent sidewalks, landscaping maintenance, driveways, parking lots, fences and signs located in the areas which are adjacent to and included with the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In additionthe event that by any express provision of this Lease, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. Lessee further Lessor agrees to replace the whole care for, repair or maintain all, 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 redeliver possession part of the Premises or the building of which it is a part, such agreement on the part of Lessor shall constitute a covenant only, and no obligation or liability whatsoever shall exist on the part of Lessor to Lessee or any other person by reason thereof unless and until Lessee shall have first served upon Lessor personally a prior thirty (30) day notice in as good condition as writing specifying with particularity the provision of this Lease whereunder said duty on the part of Lessor is claimed to exist, together with the repairs required to be made by Lessor in the performance of such duty. In the event Lessor fails to make the repairs required to be made by Lessor under the terms of this Lease, Lessee may (but shall be under no obligation to do so) make said repairs and offset the cost thereof against the next installment of rent together with interest at the commencement rate set forth in paragraph 34 below, from the date of Lessee's payments. In the event Lessee fails to make the repairs required to be made by Lessee under the terms of this Lease, Lessor may (but shall be under no obligation to do so) enter upon the Premises and make said repairs and charge the cost thereof to Lessee as part of the term next installment of this Agreementrent together with interest at the rate set forth in paragraph 34 below, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on from the Premises without the prior written consent date of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee's payments, and Lessee shall cause promises and agrees to be removed from said Premises any and all signs so placed at pay 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 prior to placement on the Premises. 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 for debriscost thereof.

Appears in 2 contracts

Sources: Modified Net Industrial Building Lease (Decrane Aircraft Holdings Inc), Modified Net Industrial Building Lease (Decrane Holdings Co)

Maintenance. Lessee4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the Property and the other gas and electrical installations within the Property (“the Installations”) and at the Landlord’s sole expense to maintain such contracts and make all payments due thereunder throughout the whole of the Term. 4.10.2 To procure that the Maintenance Contracts, if not already entered into, which will be entered into by the Landlord are on such terms and in such form as the Tenant shall reasonably specify and be with contractors previously approved by the Tenant (such approval not to be unreasonably withheld or delayed) and the Landlord hereby irrevocably authorises the Tenant who shall act reasonably) to instruct the contractors under the Maintenance Contracts to undertake any maintenance servicing or repair works to the Installations which may be required from time to time in accordance with the appropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the Landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the Landlord agrees to fully indemnify the Tenant against any costs, expenses or other sums which the Tenant may incur as a result of such maintenance. 4.10.3 If the Landlord has already entered into Maintenance Contracts before the date of this Agreement then the following shall apply:- (i) The Landlord shall on or before the date of this Agreement provide the Tenant with full details of the contractor or contractors he has entered into the Maintenance Contracts with, including providing the Tenant with copies of the said contracts and proof that they have each been fully paid for by the Landlord. (ii) If any of the Maintenance Contracts expire or are brought to an end by the relevant contractor at any time during the Term then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a contractor previously approved in writing by the Tenant (such approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the Landlord shall use its best endeavours to enter into a new Maintenance Contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract. 4.10.4 To provide the Tenant with copies of the Maintenance Contracts at least once in every calendar year. 4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the Term but only to the extent that such maintenance, repair and renewal is not actually carried out under the Maintenance Contracts. 4.10.6 To ensure that:- (i) the Installations including any cooking apparatus have been serviced by a properly qualified person within the period of three months before the start of the Term and thereafter will be serviced once during each year of the Term and for the avoidance of doubt the gas contractor must be GAS SAFE registered and electricity contractor must have been approved by NICEIC or such other regulatory bodies which replace them respectively and that the Landlord will at its sole cost expense provide the Tenant on or before the commencement date of this Agreement with a valid Gas Safety Certificate, valid Electricity Safety Certificate and expense, shall maintain and ----------- keep in good repair all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereofEnergy Performance Certificate. In addition, Lessee, The Landlord at its sole cost expense will also provide the Tenant with a valid Gas Safety Certificate and expense, shall maintain all portions Electricity Safety Certificate for each year of the interior Term. (ii) If the Installations have not been serviced within the period of three months before the start of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting Term or decorating if the Landlord does not have any valid certificates as mentioned in sub-clause 4.10.6 (i) above then the Landlord must pay for and obtain the said certificates. (iii) The Landlord must also provide the Tenant with a valid Energy Performance Certificate in the appropriate form on or before the start of the Term. 4.10.7 To observe and perform the covenants and conditions of any kindhead Agreement (if any) and where not obliged to do so under the terms of any head Agreement then to procure compliance of the obligations under any superior Agreement (if any) 4.10.8 To keep any gardens (including all sheds, outbuildings, greenhouses, fencing and shall be responsible for ▇▇▇▇▇▇) forming part of the Building, if it is the Landlord’s responsibility to do so or if not to procure that the owner of the freehold of the Property or the management company or the superior landlord will do so and if applicable to keep any garden at the Property tidy at all glass frames that may be broken or damaged. Lessee shall also be responsible for times during the Term and to keep all ▇▇▇▇▇▇ and grass at the Property regularly trimmed and cut 4.10.9 To repair, maintenance and replacement renew or replace any of the heating and air conditioning system in said Premises. Lessee further agrees Furniture or furnishings which have become unusable due 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable fair wear and tear only excepted. Lessee shall not construct tear, defect or install bad workmanship at any signs on time during the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debris.Term

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Maintenance. Lessee, at its sole cost and expense, Tenant's obligation for maintenance shall maintain and ----------- keep in good repair all portions of the Premises, including without limitation include: - the roof, foundation outside walls, and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions other structural parts of the interior of building - the Premisesparking lot, driveways. and sidewalks including without limitationsnow and ice removal - the sewer, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kindwater pipes, and other matters related to plumbing - the electrical wiring - the air conditioning system - the heating system - all other items of maintenance not specifically delegated to Landlord under this Lease. ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonably withheld). Landlord shall have the right to enter the Premises to make inspections, provide necessary services. or show the unit to prospective buyers, mortgagees, tenants or workers. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent. UTILITIES AND SERVICE& Tenant shall be responsible for all glass frames that may be broken the following utilities and services in connection with the Premises: - electricity - water and sewer - gas - heating - garbage and trash disposal - janitorial services - telephone service - any other services and/ or damaged. Lessee shall also be responsible utilities required for the repairconduct of Tenant's business Tenant acknowledges that Landlord has fully explained to Tenant the utility rates, maintenance charges and replacement of services for which Tenant will be required to pay (if any), other than those to be paid directly to the heating and air conditioning system in said Premisesutility company furnishing the service. 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 expensePROPERTY INSURANCE. Upon expiration or termination of this Agreement, Lessee Tenant shall redeliver possession of maintain casualty insurance on the Premises in as good condition as at the commencement an amount equal to 100.00% of the term of this Agreement, reasonable wear and tear only exceptedfull replacement value. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee Landlord shall be and remain named as an insured in such policies. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force~ Landlord shall have the property and responsibility right to require that the Landlord receive notice of Lessee, and Lessee shall cause to be removed from said Premises any and all signs so placed at the termination of this Agreement so that such insurance policies. Tenant shall also maintain any other Insurance which Landlord may reasonably require for the Premises will be protection of Landlord's interest in the same condition as before said signs were placed thereon. All signs shall be approved by Lessor prior to placement on the Premises. 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 for debris.

Appears in 2 contracts

Sources: Real Estate Lease (Ideal Accents Inc), Real Estate Lease (Ideal Accents Inc)

Maintenance. LesseeSubtenant shall, at its sole cost and expense, shall maintain keep, maintain, repair and ----------- keep in good repair all portions replace the Sublease Premises as required by Section 6.01(a) of the PremisesMaster Lease, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and except for those items to be maintained by Sublandlord as provided in subsection 7.c below. a. Subtenant shall be responsible for all glass frames that may repairing any damage to the Sublease Premises or the Building caused by Subtenant or its employees, agents or contractors which is beyond normal wear and tear, and Sublandlord shall have no liability therefore. b. The waiver of liability provided in the last sentence of Section 6.0l(b) of the Master Lease shall apply to Sublandlord’s obligation to repair and maintain the Sublease Premises, and is incorporated herein by reference, with references to “Lessor” therein deemed to refer to Sublandlord and references to “Lessee” therein deemed to refer to Subtenant. c. Except for those items to be broken repaired, maintained, or damaged. Lessee replaced by Master Landlord under the Master Lease, and except for the Sublease Premises (which shall also be maintained by Subtenant), Sublandlord shall be responsible for the repairmaintenance, maintenance repair and replacement of the heating Building, including the Building Systems (as defined in Section 1.c above) and air conditioning system in said Premises. Lessee further agrees the Building Common Areas (as hereinafter defined), subject to replace the whole or any portion Subtenant’s obligation to reimburse Sublandlord for Subtenant’s Percentage Share of the sewerage Building Maintenance Costs as provided in this Subsection 7.c. Sublandlord shall not have an obligation to perform such maintenance, repairs or replacements of the Building, Building Systems or Building Common Areas unless and sanitary fixtures should until Subtenant has given Sublandlord notice of the need arisefor such maintenance, at its sole cost and expenserepairs, or replacements. Upon expiration or termination of Furthermore, notwithstanding anything in this AgreementSublease to the contrary, Lessee shall redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. Lessee Subtenant 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 repair and maintenance of any parking stripes that may be placed on said parking surfacethe HVAC system distributed within the Sublease Premises, and for Sublandlord shall have no responsibility therefor. The Building Common Areas shall mean the upkeep of exterior Building walls, roof membrane, Building lobbies, hallways in non-exclusive areas, stairwells between floors; elevators and non-exclusive restrooms in the grass on Building and other similar public areas and access ways. Landlord may change the Premises. Lessee shall keep the entire Premises free for debrisBuilding Common Areas in Landlord’s sole and absolute discretion.

Appears in 2 contracts

Sources: Sublease Agreement (Openwave Systems Inc), Sublease Agreement (Openwave Systems Inc)

Maintenance. Lessee, The Lessee at its sole cost and expenseexpense shall maintain, shall service and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain and ----------- keep the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all portions material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the PremisesLeased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, including without limitation which shall include the roof, foundation dates and details of all material maintenance and repairs performed on the concrete walkways and parking surface areas thereofLeased Property. In additionthe event of any damage to or destruction of the Leased Property, Lesseeor any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its sole cost and own expense, shall maintain all portions with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and Leased Property shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for in the repair, maintenance and replacement of condition required by the heating and air conditioning system in said Premises. 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 provisions of this Agreement, Lessee shall redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear Section 8(a) and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the same condition as before said signs were placed thereon. All signs shall required to be approved maintained by Lessor prior to placement on the Premises. Lessee shall be responsible for keeping the paved parking area terms 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 for debristhis Lease.

Appears in 2 contracts

Sources: Facility Lease (Crown Pacific Partners L P), Facility Lease (Crown Pacific Partners L P)

Maintenance. Lessee1. The Tenant shall ensure the rented premises are kept clean, at its sole cost aired and expenseheated in due form, shall maintain keep them free of all vermin and ----------- keep in good repair treat the rented premises as well as all portions accessory parts, installations and appliances contained therein with care. 2. The Tenant shall notify the Landlord of damages to the Premisesrented premises without undue delay upon taking notice of them. The Tenant shall take on all repairs except repairs under Art. 7 sub-section 9 of this Lease. 3. The Tenant shall be liable to the Landlord for any damages to the rental premises, including without limitation accessory parts, installations and appliances, common installation and areas, buildings as well as any and all installations belonging to the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kindbuildings, and shall be responsible for all glass frames that may be broken obligated to repair them provided the damage was caused by the Tenant, their relatives, employees, visitors, clients or damagedsuppliers. Lessee Without being requested by the Landlord, the Tenant shall also be responsible for remedy defects and maintain the repair, maintenance and replacement rented property (permanent obligation of the Tenant). 4. The Tenant especially shall be liable for damages incurred by a negligent handling of water, gas, electric current and power plants as well as the heating installation, within the scope of the legal provisions. 5. If the Tenant does not fulfill their above mentioned obligations in spite of a written reminder within an appropriate period of time, the Landlord shall have the right to have the necessary works done at the Tenant’s expense. 6. The Tenant shall guarantee that firm signs, awnings and any other objects mounted to the rented property are mounted securely and at an adequate height so as to avoid any damage to property and personal injury. 7. Furthermore, the Tenant shall be obligated to maintain installed objects (e.g. light, intercom, ▇▇▇▇ system), water (e.g. faucets, wash-bowls and sinks, bathroom facilities, sanitary facilities including fittings) and heating and air conditioning system in said Premisescooking installations (e.g. also heaters, stoves and radiator valves), windows and door locks (e.g. window armatures and shutters) as well as shutter locks. Lessee further agrees These also shall include repairing smaller damages (up to replace 100.00 € per individual case) to the whole or any portion of the sewerage and sanitary fixtures should the need arise, at its sole cost and expensenamed installations. Upon expiration or termination of this Agreement, Lessee shall redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee The costs resulting thereof shall be and remain borne by the property and responsibility of Lessee, and Lessee 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 thereonTenant. 8. All signs shall be approved by Lessor prior to placement on the Premises. Lessee The Tenant shall be responsible for keeping the paved parking area of the Premises clean and free of debrisrepairs for interior decoration. 9. Lessee The Landlord shall also be responsible for the painting maintaining roof and maintenance of any parking stripes that may be placed on said parking surface, and for the upkeep building of the grass on rented property. The works shall be carried out within an appropriate period of time. 10. The Tenant may only set off the Premisesrental payment against a counterclaim under this Lease to the Landlord or may only exercise the right to lower or retain the rent if they have given notice thereof to the Landlord at least one month prior to the due date of the rental payment. 11. Lessee The Tenant shall keep be obligated to comply with the entire Premises free for debrisfire prevention regulations.

Appears in 2 contracts

Sources: Commercial Lease (Congatec Holding AG), Commercial Lease (Congatec Holding AG)

Maintenance. LesseePursuant to the provisions of the Master Sublease, Sublandlord is responsible for certain maintenance, repair and restoration obligations with respect to the Building, as described in Sections 8.B and 6.B of the Master Lease (said Sections 8.B and 6.B being incorporated by reference into the terms of the Master Sublease). Sublandlord shall continue to perform the maintenance and other obligations described in Sections 8.B and 6.B of the Master Lease, except that Subtenant shall be responsible for performing janitorial services in the Subleased Premises and maintaining interior wall surfaces, floor tiles and floor coverings in a neat and clean condition. If Sublandlord fails to perform such maintenance obligations with respect to the Building, Subtenant may deliver notice to Sublandlord of such failure, specifying in reasonable detail the failure in question and if such failure is not cured within thirty (30) days after the date of delivery of such notice (provided, however, that the initial thirty (30) day period shall be a five (5) day period in the event of an “Emergency”, as that term is defined, below); unless Sublandlord in good faith delivers a notice to Subtenant disputing Subtenant’s claim of failure, Subtenant may perform such maintenance obligations, and the reasonable cost of such performance which shall promptly be reimbursed by Sublandlord following delivery by Subtenant of the paid invoices reflecting the costs incurred by Subtenant; provided that Subtenant will be solely responsible for any damage caused by Subtenant in the performance of any such work. If Subtenant takes such action, Subtenant shall use only those contractors used by Sublandlord in the Building for work unless such contractors are unwilling or unable to perform, or timely perform, such work, in which event Subtenant may utilize the services of any other qualified contractor which normally and regularly performs similar work in comparable buildings. Promptly following completion of any work taken by Subtenant pursuant to this Section 5.4, Subtenant shall deliver a detailed invoice of the work completed, the materials used and the costs relating thereto. Additionally, if and to the extent that any such failure on the part of Sublandlord to perform a maintenance obligation required of Sublandlord pursuant to this Section 5.4 prevents Subtenant from using all or any material portion of the Subleased Premises for Subtenant’s business operations, and provided that Subtenant’s notice to Sublandlord of such failure clearly states that Subtenant is being prevented from using and is actually not using, a material portion of the Subleased Premises, Subtenant shall be afforded an abatement of Base Rent (equitably prorated to reflect that portion of the Subleased Premises which Subtenant is so prohibited from using and actually does not use) from and after the date of delivery of such notice until such time as Sublandlord performs the obligation in question in a manner which allows Subtenant to once again occupy and use the Subleased Premises (or affected portion thereof). The cost of Sublandlord’s performance of all such maintenance work will be included in Operating Costs described in Section 3.2 above. For purposes of this Section 5.4, an “Emergency” shall mean an event threatening immediate and material danger to people located in the Building or immediate, material damage to the Building, the Building’s systems, the Building’s structure, or creates a reasonable possibility of an immediate and material interference with, or immediate and material interruption of a material aspect of Subtenant’s business operations. Notwithstanding the foregoing to the contrary, if Subtenant elects to install a server room servicing the Subleased Premises, at its Sublandlord’s option, Subtenant shall be solely responsible for the maintenance and upkeep of all equipment and infrastructure serving such server room at Subtenant’s sole cost and expense, and Sublandlord shall maintain have no responsibility therefore, as between Sublandlord and ----------- keep in good repair all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrisSubtenant.

Appears in 2 contracts

Sources: Sub Sublease (Ocz Technology Group Inc), Sub Sublease (Ocz Technology Group Inc)

Maintenance. Lessee1. The Tenant shall ensure the rented premises are kept clean, at its sole cost aired and expenseheated in due form, shall maintain keep them free of all vermin and ----------- keep in good repair treat the rented premises as well as all portions accessory parts, installations and appliances contained therein with care. 2. The Tenant shall notify the Landlord of damages to the Premisesrented premises without undue delay upon taking notice of them. The Tenant shall take on all repairs except repairs under Art. 11 sub-section 8 of this Lease. 3. The Tenant shall be liable to the Landlord for any damages to the rental premises, including without limitation accessory parts, installations and appliances, common installations and areas, buildings as well as any and all installations belonging to the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kindbuildings, and shall be responsible obligated to repair them provided the damage was caused by the Tenant, their relatives, employees, visitors, clients or suppliers. Without being requested by the Landlord, the Tenant shall remedy defects and maintain the rented property (permanent obligation of the Tenant). 4. The Tenant especially shall be liable for damages incurred by a negligent handling of water, gas, electrical light and power plants as well as the heating installation. 5. If the Tenant does not fulfill their above mentioned obligations in spite of a written reminder within an appropriate period of time, the Landlord shall have the right to have the necessary works done at the Tenant’s expense. 6. The Tenant shall guarantee that firm signs, awnings and any other objects mounted to the external walls are mounted securely and at an adequate height so as to avoid any damage to property and personal injury. 7. The maintenance expenses for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises technical installations installed by Lessee customers shall be and remain borne by the property and responsibility of Lessee, and Lessee 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 thereonTenant. All signs shall be approved by Lessor prior to placement on the Premises. Lessee The Tenant shall be responsible for keeping the paved parking area of the Premises clean and free of debrisrepairs for interior decoration. 8. Lessee The Landlord shall also be responsible for the painting maintaining roof and maintenance of any parking stripes that may be placed on said parking surface, and for the upkeep structure of the grass on rented property. The works shall be carried out within an appropriate period of time. 9. The Tenant may only set off the Premises. Lessee shall keep rental payment against a counterclaim to the entire Premises free for debrisLandlord or may only exercise the right to lower or retain the rent if they have given notice thereof to the Landlord at least one month prior to the due date of the rental payment.

Appears in 2 contracts

Sources: Commercial Lease (Congatec Holding AG), Commercial Lease (Congatec Holding AG)

Maintenance. Lessee7.1 Except for damage arising from the negligence of Lessee or the Lessee Parties, at its sole cost Lessor shall keep the roof, foundation, exterior walls, common areas, and expenseall sewer and utility lines of the Building, including all sewer connections, plumbing, heating appliances, wiring, and glass, in good order and repair, shall maintain furnish Lessee all Building standard fluorescent bulb replacement in all areas and ----------- keep all incandescent bulb replacement in good the common areas and service areas within the Building. Notwithstanding anything to the contrary contained herein and except as otherwise provided in the preceding sentence, Lessor shall have no obligation to maintain, replace, or repair all portions of any other improvements located within the Premises, including without limitation the roof, foundation maintenance of which is and shall be the concrete walkways responsibility of Lessee. 7.2 Lessor shall have no obligation to make any repairs unless and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions until Lessee notifies Lessor in writing of the interior necessity thereof, in which event Lessor shall have reasonable time in which to make such repairs; however, Lessee may notify Lessor verbally of any minor, routine or day-to-day repairs which need to be made. 7.3 Subject to Lessor's obligation to provide janitorial services, Lessee shall keep the Premises free from all litter, dirt, debris, and obstructions and in a clean and sanitary condition. Except as otherwise provided in the first sentence of paragraph 7.1 hereof, Lessee shall maintain, replace, and repair all improvements located within the Premises, including without limitationincluding, but not limited to, finishes, wall coverings, carpets, floor coverings, utility lines, sewer connections, plumbing, electricalwiring and glass, piping, fixtures, equipment, painting which are or decorating of any kind, and shall be responsible were installed for all glass frames that may be broken or damagedLessee. Lessee shall also be responsible for At the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 other termination of this AgreementLease, Lessee shall redeliver possession of surrender the Premises (and keys thereto) in as good condition as at when received, loss by fire or other casualty not the commencement result of the term of this Agreement, reasonable any act or omission by Lessee or ordinary wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrisexcepted only.

Appears in 2 contracts

Sources: Lease (Nfront Inc), Lease (Digital Insight Corp)

Maintenance. Lessee7.1 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 and agrees to assume all responsibility of repair and maintenance of the Premises. 7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost cost, risk, expense and expenseliability, shall keep and maintain and ----------- keep the Premises in good repair all portions of the Premises, including without limitation the roof, foundation order and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kindrepair, and shall be responsible for in compliance with all glass frames that may be broken or damagedapplicable governmental codes, ordinances and regulations. Lessee shall also be responsible for (i) keep all sewer and utility lines servicing the repairPremises, maintenance and replacement of the heating including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning system equipment and appliances, wiring and glass, in said good order and repair; (ii) provide janitorial services for the Premises; and (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 of all heating, ventilating, and air conditioning equipment located in or serving the Premises. Lessee further agrees At all times the Premises shall be kept in accordance with the standards then prevailing in ▇▇▇▇▇ Creek and all such maintenance, repair, replacement and work performed pursuant to replace this section shall be performed in accordance with such standards. 7.3 At the whole or any portion of the sewerage and sanitary fixtures should the need arise, at its sole cost and expense. Upon expiration or other termination of this AgreementLease, Lessee shall redeliver possession of surrender the Premises (and the keys thereto) in as good condition as at when received, loss by fire or other casualty not the commencement result of the term any act or omission of this AgreementLessee, reasonable or ordinary wear and tear only only, excepted. . 7.4 Nothing in this Section 7 shall be deemed to relieve Lessee shall not construct from any liability which Lessee may have to Lessor under the terms of this Lease or install otherwise, on account of any signs on damage as may be caused to the Premises without or the prior written consent Building by the negligence or misconduct of Lessor. Any such signs placed on Lessee or any of the Premises by Lessee Parties. 7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be and remain the property and responsibility of Lesseegood, and Lessee 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 prior to placement on the Premises. Lessee shall be responsible for keeping the paved parking area of the Premises clean and free safe condition of debris. Lessee shall also be responsible for the painting and maintenance of any parking stripes that may be placed on said parking surfacea first class business park building in north suburban Atlanta, and for the upkeep of the grass on the Premises. Lessee shall keep the entire Premises free for debrisGeorgia.

Appears in 2 contracts

Sources: Lease (Clarus Corp), Lease (SQL Financials International Inc /De)

Maintenance. LesseeAll general building maintenance, including HVAC, roofing, plumbing, and electrical shall be the responsibility of the Board. The Board will maintain, repair, and keep in working order, the HVAC, the roof, existing plumbing, and existing lighting and electrical equipment in the gymnasium and office areas at the District’s expense. Prior to the City’s use and occupancy of the Facility, 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, repairing the lighting in the gymnasium and storage areas; repairing the windows in the gymnasium; allowing the use of Garden City’s scoreboard or a substitute; repairing the existing outdoor lighting; replacing the missing ceiling tiles in office/storage areas; cleaning and waxing the gym floor; repairing, if necessary, the bleachers, toilets, sinks, pole lights, outside hose ▇▇▇▇, outside camera system, electrical outlets, and alarm system; adding outside power sources; and the grading and filling-in of the walkways with gravel provided by the 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 Special Corrective Work has been completed as outlined in Exhibit “B”, any additional repairs or modifications which the City deems necessary to be performed before using and occupying the Facility shall be at the City’s sole cost and expense. Upon being inspected by the City, shall maintain and ----------- keep the retractable goals at the Facility may be replaced by the City in good repair all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. Lessee further agrees to replace the whole or any portion of the sewerage and sanitary fixtures should the need arise, discretion at its sole cost and expense. Upon expiration or termination Subject to the provisions of this AgreementSection 2 herein, Lessee the City will not occupy the Facility until the Special Corrective Work is substantially complete and satisfactory such that Facility is operational and fit 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 redeliver possession be completed within thirty (30) days of the Premises in date of substantial completion. The City may adjust the basketball goals, use its scoreboard from its Gym, as good condition as needed and install and maintain pods or the like for storage at locations approved by the commencement Board. The City will provide custodial service, cleaning and if needed, non-capital maintenance and repairs caused by the City’s use of the term 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 AgreementAgreement is left in a reasonably clean and orderly condition after use (e.g., reasonable sweeping up, cleaning up spills, checking restrooms, removing substantial amounts of collected trash). The City shall not modify, alter, improve, demolish, or otherwise materially change any Board property or improvements without the express written consent of the Board. All general field and ground maintenance shall continue to be performed by the Board’s service provider in the same manner it currently performs such maintenance at no cost to the City. Any wear and tear only excepted. Lessee beyond normal shall not construct or install any signs on be the Premises without responsibility of the prior written consent of LessorCity. Any such signs placed additional maintenance or improvements on fields used by the Premises by Lessee City shall be and remain performed by the property and City. Striping fields will be the responsibility of Lesseethe 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 shall cause security 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 prior to placement on the Premises. Lessee shall be responsible for keeping the paved parking area accommodate its own use of the Premises clean Facility. The City will reimburse the Board for exterior field lighting expense 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 four (4%) percent of the grass on utility ▇▇▇▇▇▇▇▇ applicable to the Premises. Lessee shall keep the entire Premises free for debrisFacility (e.g., electric, water, sewer, sanitation, stormwater, fire service, stormwater service) within fifteen (15) days of receiving such ▇▇▇▇▇▇▇▇.

Appears in 1 contract

Sources: Intergovernmental Agreement

Maintenance. Lessee, at its sole cost and expense, The Tenant(s) shall maintain and ----------- keep in good repair all portions and condition the inside of the Premisespremises and its appurtenance, including without limitation 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 roofdrain free of obstruction. At the expiration of his/her tenancy, foundation the Tenant(s) shall re-deliver the premises, its contents and appurtenance to the concrete walkways Landlord in a good clean order and parking surface areas condition and shall at his/her own cost and charge replace any of the 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 the Tenant(s) to bear the cost thereof. In addition, Lessee, The Landlord reserves the right to effect such repairs or repainting at its sole cost and expense, shall maintain all portions the expense of the interior Tenant(s) and to reclaim the cost thereof. The Tenant(s) shall be liable for all damage caused by neglect or omission of himself, his/her family, servants and visitors. No alterations to colour scheme, or additions or improvements to the leased premises whether structural or otherwise shall be effected by the Tenant(s) without consent in writing of the PremisesLandlord. 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, including repairs, improvements or additions to the leased premises, without limitationconsent in writing prior to carrying out any alterations, plumbingrepairs, electrical, piping, fixtures, equipment, painting improvements or decorating additions. The Landlord shall keep the outside of any kind, and the property in good repair. The Tenant(s) shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 care and maintenance of any parking stripes that may be placed on said parking surface, the garden and for grounds. Should the upkeep Tenant(s) fail to comply with this condition the Landlord shall have the right from time to time to employ a gardening contractor to give effect to these provisions at the expense of the grass on the Premises. Lessee shall keep the entire Premises free for debrisTenant(s).

Appears in 1 contract

Sources: Lease Agreement

Maintenance. LesseeBy entry hereunder, ▇▇▇▇▇▇ accepts the Premises as being in good and sanitary order, condition and repair. Tenant shall, when and if needed or whenever requested by Landlord to do so, at its ▇▇▇▇▇▇’s sole cost and expense, shall make all repairs to the Premises and every part thereof, including all windows and doors, to keep, maintain and ----------- keep in good repair all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of preserve the Premises in as good first class condition as at and repair. Tenant shall, upon the commencement expiration or sooner termination of the term of this AgreementTerm hereof, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on surrender the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 Landlord in the same condition as before said signs were placed thereon. All signs when received ordinary wear and tear excepted Landlord shall be approved by Lessor prior have no obligation to placement on alter, remodel, improve, repair, decorate or paint the Premises. Lessee shall be responsible for keeping Premises or any part thereof and the paved parking area parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises clean or the Building except as specifically herein set forth. Anything contained in this Paragraph 15 to the contrary notwithstanding, Landlord shall repair and free maintain the structural portions of debris. Lessee the Building, including the basic plumbing, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord; provided, however, the cost of all such maintenance shall also be responsible considered “Expenses” for the painting purposes of Subparagraph 6(a), unless such maintenance and maintenance repairs are caused in whole or in part by the act, neglect, fault of or omission of any parking stripes that may duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Landlord shall not be placed on said parking surface, and liable for the upkeep any failure to make any such repairs or any maintenance unless such failure shall persist for an unreasonable time after written notice of the grass on need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Paragraph 19 hereof there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with ▇▇▇▇▇▇’s business arising from the Premisesmaking of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein except if caused by gross negligence or wilfull misconduct of Landlord. Lessee shall keep Tenant waives the entire Premises free for debrisright to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or any similar law, statute or ordinance now or hereafter in effect.

Appears in 1 contract

Sources: Office Lease (Placer Sierra Bancshares)

Maintenance. Lessee, at its sole cost and expense, Tenants shall maintain the Premises in a neat, clean, and ----------- keep orderly manner; use and maintain them in good accordance with applicable police, sanitary, and all other regulations imposed by governmental authorities; observe all reasonable regulations and requirements of underwriters concerning use and condition of the Premises tending to reduce fire hazard and insurance rates; and immediately inform Landlord when there is a need for Landlord to perform repairs or maintenance. Tenant must notify Landlord IMMEDIATELY, BY PHONE at (▇▇▇) ▇▇▇-▇▇▇▇ of any gas leaks, electrical problems, water damage, broken appliances, or serious structural damage. Tenants shall not cause or permit any waste or misuse of any utility fixtures or of any portion of the Premises. Tenants shall reimburse Landlord for all damages caused by such waste or misuse; for all permit, inspection, and certification costs Landlord incurs because of Tenants’ noncompliance with this lease or applicable laws; and for all damages resulting from Tenants’ not timely reporting the need for repair or maintenance. Landlord may invoice Tenants for the cost of any repairs/replacements (other than normal wear and tear) during the Term of this Lease. The amount of such invoices is deemed unpaid rent and shall be due with the rental Installment for the month following the month in which the invoice is sent. Tenants shall pay and be liable to Landlord and/or Landlord’s insurer (in contract and/or tort) for the repair of all portions damage to, and/or replacement of, the Premises and structure of which they are a part, including fire and flood damage, in any way caused or made necessary by Tenants, their guests, invitees, licensees, or agents. Nothing in this clause waives or lessens Landlord’s obligation to maintain and repair the Premises under Michigan law, but Landlord is not so liable when it has not been informed of the need to repair. Landlord’s reasonable exercise of any right or obligation hereunder never shall be deemed an eviction of Tenants or interference with their use and possession of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at Landlord shall have no liability to Tenants because of Landlord’s actions in reasonably fulfilling its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrisobligations hereunder.

Appears in 1 contract

Sources: Residential Lease Agreement

Maintenance. Lessee7.1 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 and agrees to assume all responsibility of repair and maintenance of the Premises. 7.2 Upon commencement of the Lease Term, Lessee shall accept (excepting Punch List items) the Premises for its intended use, and Lessee shall, at its sole cost cost, risk, expense and expenseliability, shall keep and maintain and ----------- keep the Premises in good repair all portions of the Premises, including without limitation the roof, foundation order and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kindrepair, and shall be responsible for in compliance with all glass frames that may be broken or damagedapplicable governmental codes, ordinances and regulations. Lessee shall also be responsible for (i) keep all sewer and utility lines servicing the repairPremises, maintenance and replacement of the heating including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning system equipment and appliances, wiring and glass, in said good order and repair; (ii) provide janitorial services for the Premises; and (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 of all heating, ventilating, and air conditioning equipment located in or serving the Premises. Lessee further agrees At all times the Premises shall be kept in accordance with the standards then prevailing in John▇ ▇▇▇ek and all such maintenance, repair, replacement and work performed pursuant to replace this section shall be performed in accordance with such standards. 7.3 At the whole or any portion of the sewerage and sanitary fixtures should the need arise, at its sole cost and expense. Upon expiration or other termination of this AgreementLease, Lessee shall redeliver possession of surrender the Premises (and the keys thereto) in as good condition as at when received, loss by fire or other casualty not the commencement result of the term any act or omission of this AgreementLessee, reasonable or ordinary wear and tear only only, excepted. . 7.4 Nothing in this Section 7 shall be deemed to relieve Lessee shall not construct from any liability which Lessee may have to Lessor under the terms of this Lease or install otherwise, on account of any signs on damage as may be caused to the Premises without or the prior written consent Building by the negligence or misconduct of Lessor. Any such signs placed on Lessee or any of the Premises by Lessee Parties. 7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be and remain the property and responsibility of Lesseegood, and Lessee 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 prior to placement on the Premises. Lessee shall be responsible for keeping the paved parking area of the Premises clean and free safe condition of debris. Lessee shall also be responsible for the painting and maintenance of any parking stripes that may be placed on said parking surfacea first class business park building in north suburban Atlanta, and for the upkeep of the grass on the Premises. Lessee shall keep the entire Premises free for debrisGeorgia.

Appears in 1 contract

Sources: Sublease (Towne Services Inc)

Maintenance. LesseeTenant(s) shall properly use, at its sole cost operate and expense, shall maintain and ----------- keep in good repair all portions of the safeguard Premises, including without limitation the roofif applicable, foundation any landscaping, furniture, furnishings and the concrete walkways appliances, and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbingmechanical, electrical, piping, gas and plumbing fixtures, equipmentand keep them and the Premises clean, painting or decorating of any kind, sanitary and well ventilated. Tenant(s) shall be responsible for checking and maintaining all glass frames carbon monoxide and smoke detectors and any additional phone lines beyond the one line and jack that may Landlord shall provide and maintain. Tenant(s) shall immediately notify Landlord, in writing, of any problem, malfunction or damage. Tenant(s) shall be broken charged for all repairs or damagedreplacements caused by Tenant(s), pets, guests or licensees of Tenant(s), excluding ordinary wear and tear. Lessee Tenant(s) shall also be charged for all damage to Premises as a result of failure to report a problem in a timely manner. Tenant(s) shall be charged for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines. A. ☐ Landlord ☐ Tenant(s) shall water the garden, landscaping, trees and shrubs, except: B. ☐ Landlord ☐ Tenant(s) shall maintain the garden, landscaping, trees and shrubs, except: C. ☐ Landlord ☐ Tenant(s) shall maintain: D. Tenant’s failure to maintain any item for which Tenant(s) is responsible for shall give Landlord the repair, right to hire someone to perform such maintenance and replacement charge Tenant(s) to cover the cost of the heating and air conditioning system such maintenance. E. The following items of personal property are included in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without warranty and Landlord will not maintain, repair or replace them during Residents’ tenancy. However, these items must stay on the prior written consent premises in the working, or otherwise, condition in which they were at the time of LessorTenant(s) move in date. Removal or disposal of items is prohibited. Any such signs placed on actions will warrant the Premises by Lessee shall be and remain Landlord to make an estimate as to the property and responsibility fair market value of Lesseesaid items, and Lessee shall cause to be removed from said Premises any and all signs so placed at the termination of this Agreement so that the Premises their cost for replacing will be in the same condition as before said signs were placed thereon. All signs shall be approved by Lessor prior to placement on the Premises. 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 for debris.deducted from Tenant(s) security deposit:

Appears in 1 contract

Sources: Residential Lease Agreement

Maintenance. Lessee, at its sole cost (a) The Contractor shall perform or cause to be performed all necessary repairs and expense, shall maintain and ----------- keep in good repair all portions mainte- ▇▇▇▇▇ of the Premises, including without limitation the roof, foundation Project and the concrete walkways Contractor shall pay, or cause to be paid, from Revenues (as provided in Section 11(b)) charges for all utility and parking surface areas thereof. In additionother services supplied to the Project, Lessee, at its sole cost and expense, shall maintain all portions costs of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance repair and replacement of Project facilities or equipment used in the heating and air conditioning system in said Premises. Lessee further agrees to replace the whole or any portion operation of the sewerage and sanitary fixtures should Project, all assessments of any type or nature, if any, charged to the need arise, at its sole cost and expense. Upon expiration Owner or termination of this Agreement, Lessee shall redeliver possession to the PAC on the Owner's behalf or the Contractor on account of the Premises in as good condition as at the commencement ownership or operation of the term Project or the respective interests or estates therein; provided that with respect to special assess- ments or other government charges that may lawfully be paid in installments over a period of this Agreementyears, reasonable wear the Contrac- tor shall be obligated to pay only such installments as are required to be paid as and tear only exceptedwhen the same become due. Lessee The Contractor shall not construct promptly deliver to the Trustee copies of invoices or install any signs on statements for all insurance premiums required pursuant to Section 6.06 of the Premises without Loan Agreement (and Section 8(d) hereof) and assessments due with respect to the Project at least 10days prior to the due date for such premiums or assess- ments, together with a requisition to the Trustee specifying the amount to be paid, the payee and the date such amount is due, so that the Trustee may pay such premiums or assessments in a timely manner. (b) The Contractor may, with the prior written consent of Lessor. Any the PAC, the Owner and Financial Security, contest, in good faith, any such signs placed on assessments, utility and other charges, and, in the Premises event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the PAC or Financial Security shall notify the Contractor that, in its opinion, by Lessee shall be and remain nonpayment of any such items, the property and responsibility interest of Lessee, and Lessee shall cause to be removed from said Premises any and all signs so placed at the termination of this Agreement so that Owner in the Premises Project will be materially endan- gered or the Project or any part thereof will be subject to loss or forfeiture, in which event the same condition Contractor shall promptly pay such taxes, assessments or charges out of Revenues as before said signs were placed thereon. All signs shall be approved by Lessor prior to placement on the Premises. 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 for debrishereinafter specified.

Appears in 1 contract

Sources: Management Agreement

Maintenance. Lessee shall have sole responsibility for maintenance of the Premises. All personal property, including buildings and structures, on the Premises, shall be at the risk of Lessee. Lessee shall keep and maintain the Premises and all improvements thereon, in good and substantial repair and condition, including the exterior thereof, and shall make all necessary repairs and alterations thereto. Lessee shall provide proper containers for trash and garbage, and shall keep the Premises free and clear of rubbish, debris, litter and weeds. In the event that Lessor determines that ▇▇▇▇▇▇ has failed to comply with the terms of this Section, Lessor may, but shall have no obligation to, take such action as is required by this Section, and may charge Lessee the actual cost incurred to bring the Premises into compliance with this Section or a reasonable fee for such services. Snow removal on the Premises is the sole responsibility of Lessee. Snow removal may be performed by ▇▇▇▇▇▇ as a courtesy to Lessee on a fee or non-fee basis unless Lessee instructs Lessor in writing that ▇▇▇▇▇▇ does not desire to have Lessor remove snow. Lessor may cease to provide snow removal to Lessee or snow removal may not be provided on a particular occasion at its Lessor’s sole discretion. Lessee shall not permit parking on the Premises unless the parking areas have been excavated to the proper sub grade and backfilled with an amount of gravel as specified by Lessor. Lessee shall keep the Premises in good maintenance and repair, and shall repair at Lessee’s sole cost and expense, shall maintain and ----------- keep in good repair all portions of the Premisesproperty, including without limitation the roofground, foundation and the concrete walkways and parking surface areas thereof. In additionrunways, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kindtaxiways, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee shall cause to be removed from said Premises any and all signs so placed at the termination of this Agreement so property belonging to Lessor that the Premises will be is damaged or altered by Lessee in the same condition as before said signs were placed thereon. All signs shall be approved by Lessor prior to placement maintaining or operating on the Premises. Lessee shall also have sole responsibility for the maintenance of the access apron adjacent to the Premises, if any, that provides the Premises with access to airport taxiways. Lessee shall be responsible liable for keeping any claim, liability, loss, or damage arising by reason of the paved parking area injury to or death of any person or persons or by reason of damage to any property, caused by the condition of the access apron, or the acts or omissions of Lessee, its agents, invitees, licensees, subtenants, assignees, occupants and users of the Premises clean and free or any person in or on the access apron with the express or implied consent of debristhe Lessee. Lessee shall also be responsible indemnify and hold the Lessor harmless from all such liability. In the event that ▇▇▇▇▇▇’s personal property is damaged by ▇▇▇▇▇▇’s equipment or personnel, ▇▇▇▇▇▇ agrees to reimburse Lessee reasonable replacement or repair costs 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 for debrissuch damages incurred.

Appears in 1 contract

Sources: Airport Ground Lease Agreement

Maintenance. LesseeTenant shall keep and maintain the interior parts of the leased premises in as good condition and repair as when possession, hereunder is given to Tenant, including, but not limited to: decorating and repair; plate glass and windows; carpet and flooring maintenance and repair, and the maintenance, repair and/or replacement of electrical light fixtures, bulbs, sockets, and plumbing. Tenant and Landlord shall, within ten (10) days of Landlord's execution of this Lease, jointly make an operational inspection of the hearing, air-conditioning, restroom facilities, and basic lighting systems. Any items not functioning at the time of said inspection shall be repaired by Landlord at his expense. Thereafter, Tenant shall be responsible, at its Tenant1 s sole cost and expense, for the maintenance, replacement and repair of all interior electric and plumbing items, restroom facilities and lighting systems. Landlord will obtain, keep in effect, and pay for a. maintenance contract on the air-conditioning and heating equipment servicing the leased premises. The cost of said maintenance contract, and any related repairs, replacements, modifications and/or other expenses relevant to the air-conditioning and hearing system of the Center shall be reimbursed by Tenant to Landlord as an element of Additional Rent pursuant Paragraph 2, B. of this Lease. At the conclusion of the Tenant's tenancy at the leased premises, another joint inspection by Landlord and Tenant of the leased premises and the restroom facilities, and basic lighting systems (including light bulbs and same's housing units) shall be made to determine their operational condition. Any repairs or replacements determined by such inspection shall be the responsibility of the Tenant to procure and pay in mil prior to the termination of the Lease term, or any extensions or renewals of same, or, at tie discretion of Landlord, the costs of any such necessary repairs or replacements shall be assessable against the Tenant's Security Deposit to the extent of such deposit, and any remaining balance shall be immediately due and payable by Tenant to the Landlord without protest At the option of the Landlord, there shall be no termination of this Lease, or any extensions or renewals of same, or termination of Tenant's obligations pursuant to this Lease, including, but not limited to, the monthly payment of the Base Rent, Additional Bent, Special Rent and other monies required to be paid by Tenant pursuant to the terms of this Lease, until all costs and expenses associated with said repairs and replacements are paid in foil by Tenant. Tenant shall be responsible for repair and replacement of the plate glass and windows in the leased premises. Tenant shall immediately replace any cracked or damaged glass. Tenant must deliver the leased premises back to Landlord at the termination of this Lease, or any extensions or renewals of same, with all glass intact and free from cracks or damage of any kind or nature. Should damage or breakage occur due to fire or windstorm or the gross negligence of the Landlord, Landlord shall be responsible for such replacement. Tenant shall not permit or cause any lien or encumbrance to be attached to the leased premises or the Center and Tenant shall immediately cause same to be removed or satisfied upon the demand of Landlord. Tenant shall indemnify and hold Landlord harmless against loss arising from any such lien or encumbrance. Landlord shall maintain and ----------- keep in good repair all portions the exterior of the PremisesCenter, the roof and structural members, the common areas, including without limitation the roofparking lots, foundation sidewalks, and exterior lighting systems. Any repairs or replacements of said items made necessary by Tenant, Tenant's agents, invitees, customers and/or employees' misuse of same or through the concrete walkways and parking surface areas thereof. In additionnegligence of Tenant, LesseeTenant's agents, invitees, customers and/or employees, or by reason of alterations or modifications made by Tenant, shall either, at its the sole discretion of Landlord, be performed by Tenant at Tenant's sole cost and expense, shall maintain all portions or performed by Landlord and charged to Tenant as Additional Rent due and payable within ten (10) days after demand for payment by Landlord Any repairs required of the interior Landlord shall only be performed or ordered by or under the direction of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting Landlord or decorating Landlord's agents. The Landlord shall not assume any responsibility for execution or payment of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for work initiated by the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises Tenant without the Landlord's prior written consent of Lessorapproval. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee shall cause requests for repairs or maintenance to be removed from said Premises any and all signs so placed at performed by the termination of this Agreement so that the Premises will Landlord must be in writing and delivered to the same condition as before said signs were placed thereonlocation to which rental monies are sent. All signs shall be approved by Lessor prior to placement on the Premises. 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 for debris.Landlord's Initials Tenant's Initials

Appears in 1 contract

Sources: Commercial Lease Agreement (nFinanSe Inc.)

Maintenance. LesseeTenant(s) shall properly use, at its sole cost operate and expense, shall maintain and ----------- keep in good repair all portions of the safeguard Premises, including without limitation the roofif applicable, foundation any landscaping, furniture, furnishings and the concrete walkways appliances, and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbingmechanical, electrical, piping, gas and plumbing fixtures, equipmentand keep them and the Premises clean, painting or decorating of any kind, sanitary and well ventilated. Tenant(s) shall be responsible for checking and maintaining all glass frames carbon monoxide and smoke detectors and any additional phone lines beyond the one line and ▇▇▇▇ that may Landlord shall provide and maintain. Tenant(s) shall immediately notify Landlord, in writing, of any problem, malfunction or damage. Tenant(s) shall be broken charged for all repairs or damaged. Lessee replacements caused by Tenant(s), pets, guests or licensees of Tenant(s), excluding ordinary wear and tear. A. ☐ Landlord ☐ Tenant(s) shall also be water the garden, landscaping, trees and shrubs, except: B. ☐ Landlord ☐ Tenant(s) shall maintain the garden, landscaping, trees and shrubs, except: C. ☐ Landlord ☐ Tenant(s) shall maintain: D. Tenant’s failure to maintain any item for which Tenant(s) is responsible for shall give Landlord the repair, right to hire someone to perform such maintenance and replacement charge Tenant(s) to cover the cost of the heating and air conditioning system such maintenance. E. The following items of personal property are included in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without warranty and Landlord will not maintain, repair or replace them during Residents’ tenancy. However, these items must stay on the prior written consent premises in the working, or otherwise, condition in which they were at the time of LessorTenant(s) move in date. Removal or disposal of items is prohibited. Any such signs placed on actions will warrant the Premises by Lessee shall be and remain Landlord to make an estimate as to the property and responsibility fair market value of Lesseesaid items, and Lessee shall cause to be removed from said Premises any and all signs so placed at the termination of this Agreement so that the Premises their cost for replacing will be in the same condition as before said signs were placed thereon. All signs shall be approved by Lessor prior to placement on the Premises. 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 for debris.deducted from Tenant(s) security deposit:

Appears in 1 contract

Sources: Rental Agreement

Maintenance. LesseeLessor has three levels of service, which are described below. The applicable level of service is indicated in the Agreement, or in the absence of such indication is deemed to be Net. Under all service levels, Lessee is solely responsible for checking the hub oil level of the Trailer daily and adding oil as required. In the event that Lessor performs repairs for which Lessee is responsible hereunder, Lessee shall pay for such services at a rate of $75 per hour for labor and Lessor’s then current prices for parts. Lessor shall have the right to inspect all maintenance or repairs performed on the Trailer by anyone other than Lessor, and to correct, at its Lessee’s sole cost and expense, shall maintain all defects in materials or workmanship that, in Lessor’s sole discretion, result from the Lessee’s use operation, maintenance and ----------- keep in good /or repair all portions of the PremisesTrailer. If Lessee replaces any parts, including without limitation accessories or tires, such replacement item(s) shall be comparable in quality to the roof, foundation and item(s) being replaced as of the concrete walkways and parking surface areas thereof. In addition, time when the Trailer was first accepted by Lessee, at its sole cost and expense, shall become the property of Lessor immediately upon attachment to the Trailer. Lessee shall maintain all portions records relating to the maintenance, repairs and use of the interior Trailer at its principal place of the Premisesbusiness and Lessor, including without limitationupon request, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damagedpermitted to examine said records and/or inspect the Trailer during normal business hours. To the extent Lessee is unable to return the Trailer to Lessor’s designated facility due to exigent circumstances, Lessee shall also contact Lessor to locate an acceptable third-party vendor to perform the necessary maintenance and/or repair. Under no circumstances will Lessor be responsible obligated to pay, or otherwise credit/reimburse, Lessee for the any maintenance and/or repair performed by any non-Lessor party (including Lessee and all third parties) without Lessor’s prior written approval and consent to said repair, maintenance and replacement of the heating and air conditioning system in said Premisesassociated charges. Lessee further agrees Moreover, under no circumstances shall Lessor be obligated to replace the whole pay, 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 Agreementotherwise credit/reimburse, Lessee shall redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable for any expenses relating to any maintenance and/or repair: (i) that does not constitute normal wear and tear only excepted. Lessee shall not construct including, without limitation, damage; and/or (ii) performed by, or install any signs on the Premises otherwise caused by, services provided by a non-Lessor party without the Lessor’s prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrisapproval.

Appears in 1 contract

Sources: Trailer Rental Agreement

Maintenance. Lessee, at its sole cost Landlord shall be responsible for maintenance and expense, shall maintain and ----------- keep in good repair all portions of the following items in, on or about the Leased Premises, including without limitation the roofif such maintenance or repair is required due to normal wear and tear: structural components, foundation interior and the concrete walkways and parking surface areas thereof. In additionexterior walls, Lesseefloors, at its sole cost and expenseceiling, shall maintain all portions of the interior of the Premisesroofs, including without limitationsewer connections, plumbing, electricalwiring, pipingappliances and glass. However, fixtures, equipment, painting or decorating of any kind, and Tenant shall be responsible for all glass frames that may be broken costs associated with maintenance or damagedrepair 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, without limitation, causing the plumbing system to become clogged or backed up other than by reason of ordinary wear and tear of the plumbing system. Lessee 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 repairfollowing Leased Premises Maintenance, maintenance as designated: Tenant is Responsible Landlord is Responsible Not Applicable Maintain the yard, keeping weeds pulled, leaves, raked, trees and replacement shrubs trimmed and grass mowed to the satisfaction of Landlord. Keep the grass, shrubs, trees and flowers watered to the satisfaction of the heating Landlord. The Leased Premises Does Does Not have an automatic sprinkler system. Maintain the sidewalks, driveway and air conditioning system in said Premisesparking area free and clear from snow and ice. Lessee further Other: In the event that Tenant fails to perform the duties as required above, Landlord and Landlord’s agents and employees shall have the right, but shall not be obligated, to enter the Leased Premises and perform such maintenance, and Tenant agrees to replace and shall bear the whole or expense of any portion of such maintenance. The expense so incurred shall be considered to be additional rent for the sewerage leased Premises and sanitary fixtures should the need arise, at its sole cost and expense. Upon expiration or termination of this Agreement, Lessee shall redeliver possession of the Premises in as good condition as be immediately due from Tenant at the commencement option of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrisLandlord.

Appears in 1 contract

Sources: Residential Lease

Maintenance. Lessee(a) Subject to the provisions of Section 18, Tenant shall, at its Tenant's sole cost and expense, shall during the entire term, keep and maintain and ----------- keep in good order, condition and repair the Premises and every part thereof, including, but not limited to, all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, pipingsewage, fixtures, interior walls, Storefront(s), showcases, skylights, all electrical facilities and equipment, painting or decorating lighting fixtures, lamp▇▇▇, ▇▇ns and electrical motors, all other appliances and equipment of any kindevery kind and nature, sprinkler equipment (if any), and any other mechanical systems in the Premises. Tenant's obligations shall include, but shall not be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for limited to, the repair, maintenance and replacement obligation to replace when necessary any of the heating and air conditioning system in said Premises. Lessee further agrees items required to replace the whole or any portion of the sewerage and sanitary fixtures should the need arise, be maintained by Tenant at its it sole cost and expense. Upon expiration or termination 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 AgreementSection 11, Lessee shall redeliver possession of 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 good condition may be necessary, and the cost thereof shall become due and payable as at additional rent by Tenant to Landlord upon demand, but nothing in this sentence contained shall be deemed to impose a duty upon Landlord or affect in any manner the commencement of the term of obligations placed upon Tenant by this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of LessorSection 11. Any such signs placed on the Premises entry by Lessee Landlord shall not be and remain the property and responsibility of Lessee, and Lessee shall cause deemed to be removed from said Premises any an eviction of Tenant. (b) Tenant shall provide for (at Tenant's cost and all signs so placed at expense as hereinafter set forth) the termination maintenance, repair and replacement of this Agreement so that the Premises will be heating, ventilating and air conditioning equipment (HVAC) in the same condition as before said signs were placed thereon. All signs shall be approved by Lessor prior to placement on the Premises. Lessee Tenant shall be responsible perform or contract with independent contractors for keeping 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 paved parking area removal of trash and garbage from said receptacles and the Premises clean removal of trash and free of debrisgarbage from said receptacles. Lessee Tenant shall also be responsible itself furnish, or shall contract with independent contractors for the painting such receptacles and maintenance of any parking stripes that may be placed on said parking surface, trash and for the upkeep of the grass on the Premises. Lessee shall keep the entire Premises free for debrisgarbage removal.

Appears in 1 contract

Sources: Lease Agreement (Dominion Homes Inc)

Maintenance. Lessee, at its sole cost and expense, Subtenant shall maintain and ----------- keep in good repair perform all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions obligations of the interior of “Tenant” under the PremisesMaster Lease with respect to the cleaning, including without limitationmaintenance, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance repair and replacement of the heating and air conditioning system in said Premises. Lessee further agrees to replace the whole or any portion Premises and, without limitation of the sewerage foregoing, shall keep and sanitary fixtures should maintain the need ariseSublease Premises, at its sole cost all equipment serving the Sublease Premises, and expenseall of Subtenant’s equipment and property contained therein in good and clean order, condition and repair. Upon At the expiration or earlier termination of this Agreement, Lessee shall redeliver possession of the Premises in as good condition as at the commencement of the term of this AgreementSublease, reasonable Subtenant shall surrender the Sublease Premises to Sublandlord in good condition and repair except for ordinary wear and tear only exceptedand in the condition required for the surrender of same under the provisions of the Master Lease and this Sublease. Lessee In addition, and without limitation of the foregoing, Subtenant shall not construct (i) if Master Landlord or install Sublandlord so requests, remove any signs on improvements or alterations made by Subtenant to the Sublease Premises, repair any damage caused by such removal, and restore the Sublease Premises without to the condition as it existed prior written consent to the installation of Lessor. Any such signs improvements or alteration, and (ii) if Master Landlord or Sublandlord so requests, leave any improvements or alterations made by Subtenant to the Sublease Premises, except for any trade fixtures or personal property installed or placed on by Subtenant in the Premises by Lessee Sublease Premises, which shall be and remain removed by Subtenant prior to the expiration or earlier termination of the Sublease. Subtenant shall repair any damage caused to the Sublease Premises resulting from the removal of improvements, alterations, fixtures, personal property and responsibility or equipment. Following Subtenant's vacation of Lesseethe Sublease Premises, and Lessee shall cause prior to be removed from said Premises any and all signs so placed at the termination expiration of the term of this Agreement so that Sublease Term, Sublandlord will conduct an inspection of the Premises will be Sublease Premises. Sublandlord may remedy any deficiencies in Subtenant’s restoration and/or surrender work, and the same condition as before said signs were placed thereon. All signs cost thereof shall be approved payable by Lessor prior Subtenant to placement on Sublandlord upon demand. If Subtenant fails to reimburse Sublandlord for such costs within five (5) days of Sublandlord’s written demand, Sublandlord may draw such costs from the Premises. 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 for debrisSecurity Deposit.

Appears in 1 contract

Sources: Sublease (Exar Corp)

Maintenance. LesseeExcept to the extent specified below, at its sole cost and expense, shall maintain and ----------- keep in good repair all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, LesseeTenant, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbinginterior and exterior walls, electricalfoundation, pipingroof, fixturesparking and landscape areas, equipmentheating, painting ventilation and air conditioning systems, lighting, electrical systems, plumbing lines and equipment and other mechanical and building systems, in good repair and condition and in compliance with Legal Requirements and Insurance Requirements and shall make all necessary modifications, replacements and renewals to the Premises arising from any cause, including without limitation those required by Legal Requirements. Landlord shall have no obligation to repair, maintain, or decorating replace the Premises or any portion thereof, whether structural or nonstructural, foreseen or unforeseen, all of which are intended to be the obligations of Tenant under this Paragraph 10. Tenant waives to the extent permitted by applicable law the benefit of any kindlaw now or hereafter in effect that would otherwise afford Tenant the right to make repairs or replacements at Landlord's expense or to terminate this Lease on account of the failure of Landlord to make a repair or replacement. Notwithstanding the foregoing, Landlord shall be responsible at its sole cost and expense for (i) repairs and/or replacements of the roof or any structural portions of the Premises except as provided in Paragraph 12 below and (ii) any repairs covered by the one-year warranty from Landlord set forth in the Construction Addendum provided any such replacements or repairs are necessitated by normal wear and tear or defects in the structural components and supports, including structural columns supporting the roofing system, exterior load-bearing walls, slab and roofing system, and not by any specific acts or damage; and Tenant shall not be obligated to reimburse Landlord for the cost of such work. All repairs, modifications and replacements made by Tenant shall be equal in quality and class to the original work and shall be responsible performed in compliance with all applicable warranties in effect with respect to the Premises and, with respect to modifications and replacements, the requirements for all glass frames that may be broken or damagedTenant-Made Alterations. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. Lessee further agrees to replace the whole or any portion of the sewerage and sanitary fixtures should the need ariseTenant shall, at its sole cost and expense, enter into regularly scheduled preventive maintenance and service contracts covering the heating, ventilation and air conditioning systems and other mechanical and building systems in form and substance reasonably acceptable to Landlord with contractors approved by Landlord. If Tenant does not so execute and deliver the maintenance contracts, then Landlord shall have the right to contract for said service without notice to Tenant, and Tenant shall upon demand reimburse Landlord for the full cost thereof. Tenant shall have the Premises exterior repainted as reasonably necessary. Landlord may, but shall not be obligated to, enter the Premises and perform any obligation of Tenant under this Paragraph 10 or any other provision of this Lease that Tenant has failed to perform after 10 business days' prior written notice to Tenant, except in the case of an emergency, when no notice shall be required. The cost of Landlord's performance together with interest as provided in this Lease, shall be due and payable as additional rental on the next following due date for Base Rent. Upon expiration or termination of this Agreementthe Lease Term or any extension thereof herein provided for, Lessee by lapse of time or otherwise, unless otherwise directed by Landlord, Tenant shall redeliver possession remove all Tenant-Made Alterations unless Landlord has agreed prior thereto that Tenant does not need to remove any such Tenant-Made Alteration. Prior to installing any Tenant-Made Alteration, Tenant may request that Landlord agree that Tenant does not have to remove such Tenant-Made Alteration, and Landlord shall not unreasonably withhold its agreement provided the Tenant-Made Alteration does not adversely affect the structure or value of the Premises in Premises. All Tenant-Made Alterations, as good condition as constituted at the commencement of the term of this Agreementtime, reasonable wear and tear only excepted. Lessee shall which Landlord directs not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee shall cause to be removed from said Premises shall upon such termination be and become the property of Landlord without requirement of the payment of any compensation or consideration. Tenant-Made Alterations do not include movable partitions and all signs so placed at Tenant's trade fixtures that were installed and paid for by Tenant and that are removable without material damage to the Premises, even though affixed in such manner as, under the law might be considered to be fixtures and part of the real estate. Tenant may, before termination of this Agreement so that the Premises will be in the same condition as before said signs were placed thereonLease Term, remove all such moveable partitions and trade fixtures. All signs In all cases, Tenant shall be approved by Lessor prior to placement on the Premises. 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 for debris.repair any

Appears in 1 contract

Sources: Build to Suit Lease Agreement (Weider Nutrition International Inc)

Maintenance. LesseeLESSEE acknowledges it has inspected the Leased Premises and agrees to maintain, at its sole cost and expense, shall the grounds and all equipment and improvements on the Leased Premises and to promptly make any and all repairs or replacements as necessary. LESSEE also agrees to maintain the Leased Premises and ----------- keep its improvements and equipment in good operating order and in a neat, orderly and presentable condition consistent with good business practices. This obligation to repair includes the obligation to make all portions repairs to the Hangar (including the roof and exterior structures of the Premises, Hangar) and 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 without limitation the roof, foundation interior and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixturesexterior utility lines, equipment, painting fixtures and connections owned or decorating of any kind, and shall be responsible installed by or for all glass frames that may be broken or damagedLESSEE. Lessee LESSEE shall also be responsible for snow removal in or on the Leased Premises. In the event the United States of 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 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 be required to pay duplicate charges. LESSOR shall not be liable for any damage either to person or property, whether sustained by LESSEE or by other persons, due to the Airport, any improvements thereon or any part thereof or any appurtenances thereof being out of repair, maintenance and replacement or due to any accident in or about the Airport, or due to any act or neglect of any tenant or occupant of the heating and air conditioning system in said Premises. Lessee further agrees to replace the whole Airport or any portion other person, or due to lack of snow or water removal at the Airport or any part thereof or in connection with the construction of any improvement by LESSOR or its contractors at the Airport. Without limiting the generality of the sewerage foregoing, 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. In addition to other rights and sanitary fixtures should remedies of LESSOR hereunder, if LESSOR discovers and reports any maintenance deficiency to LESSEE that LESSEE is responsible for as defined in the need ariseLease 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 maintenance, repairs or replacements, but will have no obligation to do so, and the cost thereof will be deemed additional rent and expensewill be paid by LESSEE to LESSOR no later than thirty (30) days after the date of invoice from LESSOR to LESSEE for such costs. Upon expiration or termination LESSEE will provide a complete and proper arrangement for the frequent and adequate sanitary handling and disposal, away from the Airport, of this Agreementall trash, Lessee shall redeliver possession garbage and other refuse caused as a result of the Premises in as good condition as at the commencement occupancy or use of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 thereonLeased Premises. All signs shall be approved maintenance, repairs, additions or other work of any kind or nature performed, constructed or installed by Lessor prior or on behalf of LESSEE in or upon the Leased Premises, will conform in all respects to placement on (a) all applicable federal, state and local statutes, ordinances and building codes, (b) all applicable rules and regulations promulgated by LESSOR including the Premises. Lessee shall be responsible for keeping SAA Rules and Regulations (c) the paved parking area of the Premises clean and free of debris. Lessee shall also be responsible SAA’s design standards, if any, for the painting and maintenance of any parking stripes that may be placed on said parking surfaceAirport, and for the upkeep of the grass on the Premises. Lessee shall keep the entire Premises free for debrisas promulgated by LESSOR from time to time.

Appears in 1 contract

Sources: Aeronautical Hangar Lease Agreement

Maintenance. LesseeTenant shall maintain, at its sole cost and expensemake all repairs, shall alterations and replacements (including, without limitation, all ordinary, extraordinary, foreseen and unforeseen repairs, alterations and replacements) necessary to operate and maintain and ----------- keep the entire Premises in good condition and repair and in compliance with all portions applicable laws, ordinances, rules and regulations and any recorded covenants, conditions or restrictions relating to the Premises, and shall surrender the Premises when required by this Lease in good condition, reasonable use and wear excepted. Additionally, Landlord and Tenant hereby acknowledge receipt of that certain Property Condition Report prepared by ▇▇▇▇▇ Management Services Corporation, dated September 19, 2013 (the “Property Condition Report”). Landlord and Tenant shall review on an annual basis the “Deferred Maintenance Items” set forth in the Property Condition Report and shall reasonably and mutually agree upon those Deferred Maintenance Items that Tenant shall perform and the times upon which Tenant shall complete such Deferred Maintenance Items. In the event that Tenant fails to complete such agreed upon Deferred Maintenance Items within the agreed upon times, then, upon thirty (30) days written notice to Tenant, Landlord may perform such agreed upon Deferred Maintenance Items and all costs so incurred by Landlord shall be paid by Tenant as Additional Rent utilizing a capitalization rate of ten percent (10%) over the remaining Term of the Lease. Notwithstanding anything to the contrary contained herein, Landlord acknowledges that the Property Condition Report identifies certain maintenance required in connection with the windows of the Premises, including without limitation that Tenant has filed an insurance claim in connection with such windows, and that Landlord shall reasonably cooperate with Tenant is the roof, foundation settlement of such insurance claim and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions performance of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrissuch windows.

Appears in 1 contract

Sources: Master Lease (Graymark Healthcare, Inc.)

Maintenance. LesseeA. Except as expressly provided otherwise in this lease, Tenant shall, at its sole cost and expense, shall maintain the premises including the building and ----------- keep improvements thereon, the parking area and service areas, the approaches thereto and appurtenances thereof, including all adjacent sidewalks and alleys, in good order and repair all portions during the term of this lease. Landlord shall not have any responsibility to maintain the premises. Tenant waives the provisions of Civil Code (S)(S)1941 and 1942 with respect to Landlord's obligation for tenantability of the Premises, including without limitation premises and ▇▇▇▇▇▇'s right to make repairs and deduct the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lesseeexpenses of such repairs from rent. B. Tenant shall, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of during the term of this Agreement, reasonable wear lease keep and tear only exceptedmaintain all the personal property in good order and repair. Lessee Tenant shall have the right to install on the premises any and all equipment and fixtures which Tenant desires to install thereon and which are necessary or convenient to Tenant's use of the premises as a skilled nursing facility. All such property so installed by ▇▇▇▇▇▇ (other than as replacements for personal property as provided below) shall be and remain Tenant's property and may be removed by ▇▇▇▇▇▇ as provided in this lease. Tenant shall not construct remove the personal property or install any signs on part thereof from the Premises premises without the prior written consent of LessorLandlord. Any such signs placed Tenant shall replace with suitable substitutes any worn out or broken items of personal property as the same may occur from time to time throughout the term of this lease, at Tenant's expense. Items so replaced by Tenant shall become the property of Landlord. ▇▇▇▇▇▇ agrees, upon written request from Landlord, to execute for filing a form UCC-l Financing Statement listing Tenant as "debtor" and Landlord as "secured party" with respect to the personal property on the Premises by Lessee premises and listed on Exhibit B. C. ▇▇▇▇▇▇ accepts the premises and personal property in their "as is" condition and Tenant shall be make all repairs, alterations, replacements and remain additions necessary to obtain and maintain licensing as a skilled nursing facility and certification of the property facility as a provider under Medi-Cal and responsibility of Lessee, and Lessee shall cause to be removed from said Premises any and all signs so placed at Medicare legislation during the termination entire term 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 prior to placement on the Premises. 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 for debrislease.

Appears in 1 contract

Sources: Assignment and Assumption of Lease Agreement (Sycamore Park Convalescent Hospital)

Maintenance. Lessee8.1 The Concessionaire shall provide at its own expense such janitorial and cleaning services and supplies as many be necessary in the operation and maintenance of the Assigned Areas. Concessionaire also agrees to keep and maintain the Assigned Areas in a clean, neat and sanitary condition, and attractive in appearance. 8.2 The Concessionaire shall maintain and promptly make necessary general repairs to all of the improvements, advertising displays, fixtures, and equipment placed or installed in the Assigned Areas by the Concessionaire. Concessionaire agrees to keep and maintain in good condition the electrical equipment located at or on the Assigned Areas. 8.3 All repairs done by the Concessionaire or on its behalf shall be of first class quality in both materials and workmanship. All repairs shall be performed in conformity with the rules and regulations prescribed from time to time by federal, state, or local authority having jurisdiction over the work in Concessionaire’s Assigned Areas. 8.4 The Concessionaire shall, in a timely manner, provide for the adequate sanitary handling and removal of all trash, garbage and other refuse caused as a result of Concessionaire’s operations. 8.5 The County shall have the right to construct or install over, in, under or through the Assigned Areas new lines, pipes, mains, wires, conduits and equipment; provided, however, that such repair, alteration, replacement or construction shall not unreasonably interfere with Concessionaire’s use of the Assigned Areas. Any such repair, alteration, replacement or construction that prohibits public access to an Assigned Area for in excess of five (5) days shall be considered to be an unreasonable interference. Concessionaire’s sole remedy for such unreasonable interference shall be to request reimbursement from County for all advertising revenues lost or refunded to advertisers by Concessionaire as a result of such interference. The County will repair at its sole cost and expensecost, shall maintain and ----------- keep in good repair all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. Lessee further agrees damage 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any Concessionaire’s property resulting from such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrisactivities.

Appears in 1 contract

Sources: Advertising Concession Agreement

Maintenance. LesseeTenant shall at all times keep the Demised Premises and all fixtures and equipment therein in clean, safe and sanitary condition, shall take good care thereof, shall suffer no waste or injury thereto, and shall, at its sole cost and expense, shall maintain and ----------- keep in good repair all portions the expiration or other termination of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 term of this AgreementLease, Lessee shall redeliver possession surrender same with all walls, carpets and other improvements cleaned and in the same order and condition in which they are on the date of the Premises in as good condition as at the commencement of the term of this AgreementLease, reasonable ordinary wear and tear only excepted. Lessee Landlord, subject to Tenant’s obligation to contribute to Operating Expenses as provided by provisions of Article 4, and further subject to the provisions hereinafter contained with regard to damage by fire or other casualty, shall not construct make all necessary structural repairs as well as all necessary repairs to the common areas (if any) in/around the Building, the outer walls, roof, downspouts, gutters, windows and window panes. Any cost of repairs to the Building, to the Demised Premises or install to any signs common areas, which are occasioned by the acts of Tenant, its officers, employees, agents, or invitees, shall be paid for by Tenant as Additional Rent hereunder immediately upon billing. Additional maintenance and/or repair expenses during the term of this lease. Check on the left and initial to the right the responsible party: Plumbing located inside Demised Premises without the prior written consent □ Tenant Plumbing located outside of Lessor. Any such signs placed on the Demised Premises by Lessee shall be □ Landlord (OpExp) Electrical located inside Demised Premises □ Tenant Electrical located outside Demised Premises □ Landlord (OpExp) HVAC repair and remain the property and responsibility replacement □ Tenant HVAC annual preventative maintenance □ Landlord (OpExp) Sewage located in Demised Premises □ Tenant Sewage located outside of Lessee, and Lessee shall cause to be removed from said Demised 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 prior to placement on the Premises. 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 for debris.□ Landlord (OpExp)

Appears in 1 contract

Sources: Commercial Lease Agreement

Maintenance. LesseeLandlord shall maintain all Shell Construction (as defined on Exhibit D-1 to the Lease) items, Building Systems (defined below), 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 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 not customary for office tenants in Comparable Buildings, and the supplemental HVAC units installed pursuant to Section 23(s). Any such improvement shall be maintained and repaired by Tenant, at its sole cost and expense, shall 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 provide services and to maintain the Building in a manner consistent with the services and ----------- keep maintenance provided to office tenants in good Comparable Buildings; provided, however, all costs and expenses associated with the maintenance, repair all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating and/or replacement of any kinditem, 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 shall be responsible Tenant agrees to reimburse Landlord for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance such costs and replacement expenses within fifteen (15) days after receipt of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrisan invoice therefor.

Appears in 1 contract

Sources: Lease Agreement (Realpage Inc)

Maintenance. LesseeTenant shall, at its sole cost and Tenant's expense, shall keep and maintain the Wireless Facilities in commercially reasonable condition and ----------- keep in good repair all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of during the term of this Agreementthe SLA, reasonable wear and tear only and damage from elements excepted, and, upon termination, shall remove the Wireless Facilities and repair any damage caused by such removal. Lessee shall not construct or install any signs on Landlord retains the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain right to inspect the property and responsibility Wireless Facilities of LesseeTenant upon giving reasonable notice to Tenant during the term of the SLA and to enter the Premises (accompanied, at Tenant's option, by a representative of Tenant) for the purposes of such inspection. In the event that Landlord determines in good faith that Tenant has not maintained Tenant's property and Lessee the Wireless Facilities in good order and repair according to industry standards, including applicable Law, Landlord shall cause so notify Tenant in writing, specifying the maintenance and repairs required to be removed from said Premises performed by Tenant. In the event that within thirty (30) days following such written notice Tenant shall not have performed such maintenance and repairs, Landlord may, at its sole option, make such repairs as it deems reasonably necessary and 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 actual, reasonable, out-of-pocket amounts expended by Landlord therefor shall be approved reimbursed to Landlord by Lessor prior 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 placement 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 PremisesSite, in commercially reasonable condition and repair, reasonable wear and tear and damage from the elements excepted. Lessee No work shall be responsible done by Landlord (or any 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 keeping the paved parking area of the Premises clean and free of debris. Lessee shall also be responsible for the painting and maintenance of Tenant to take all reasonable steps to protect its Wireless Facilities from 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 for debrissuch adverse impact.

Appears in 1 contract

Sources: Master Lease Agreement (Dobson Communications Corp)

Maintenance. (a) Lessee shall keep the Premises in a reasonably clean and neat condition, repairing any damage to the Premises caused in whole or in part by Lessee or its agents, employees, customers, licensees, or invitees, or by the misuse of the Premises by Lessee or its agents, employees, customers, licensees, or invitees. The reasonable cost of any such repairs that are performed by Lessor at the request of Lessee, at its sole cost and expenseplus an administrative fee of eight percent (8%) of such costs, shall be reimbursed within ten (10) days following Lessor’s delivery to 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 ----------- keep in good repair all portions of condition the Premisesfollowing items, including without limitation 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 roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, Premises including without limitation, plumbingall exterior windows, electrical, piping, interior light fixtures, equipmentdoors, painting electrical and plumbing systems and mechanical installations and or decorating of any kindsystems and (ii) the Building corridors, lobbies, common areas and structural members and equipment used to provide those services to Lessee and other tenants as set forth herein. (b) Lessor shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement installation of the heating Remote Facility System in accordance with the Plans and air conditioning system in said Premises. shall assign to Lessee further agrees to replace the whole or any portion of the sewerage all warranties relating thereto; and sanitary fixtures should the need arise, at its sole cost and expense. Upon expiration or termination of this Agreement, Lessee shall redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. Lessee shall be responsible for keeping the paved parking area maintenance and repair of the Premises clean Remote Facility System thereafter. (c) Lessor agrees to furnish Lessee the following services: (i) central heat and free 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 debris. Lessee shall also be responsible the Leasehold Improvements; (iii) janitorial services Mondays through Fridays, exclusive of normal and traditional business holidays, for the painting similar buildings in Mobile, Alabama, including periodic cleaning of floors and maintenance of any parking stripes that may be placed on said parking surfacecarpeting as necessary, and for otherwise in accordance with the upkeep written standards provided by Lessor to Lessee; and (iv) Building standard amounts of electrical current, but not less than that as specified in the grass on Plans. All costs incurred by Lessor in performing such maintenance and repairs shall (subject to the Premises. Lessee shall keep the entire Premises free for debris.provisions excluding certain operating expenses from Operating Costs in Section 2.02)

Appears in 1 contract

Sources: Office Lease Agreement (Banctrust Financial Group Inc)

Maintenance. LesseeA. Subject to Section 8.B below, Tenant shall keep the Demised Premises and the fixtures and equipment therein in clean, safe and good operating condition, ordinary wear and tear excepted, and shall at its sole cost and expense, shall maintain promptly make all repairs and ----------- perform all maintenance, in and to the Demised Premises that are necessary to keep the Demised Premises in good order and repair all portions and in a safe and rentable condition, ordinary wear and tear excepted, but Tenant shall not be responsible for maintenance items expressly assumed by Landlord under the terms of this Lease or maintaining the Demised Premises in a manner that is inconsistent with Tenant’s maintenance standards for the Demised Premises prior to the Effective Date. In no event shall Landlord or Tenant have any obligation to make any changes, upgrades or other improvements to the Demised Premises in order to comply with any present or future laws, ordinances, regulations or orders of any governmental authorities having jurisdiction over the Demised Premises, subject to Section 18 of this Lease. In the event Tenant fails to maintain the Demised Premises in good order, condition and repair, ordinary wear and tear excepted, Landlord may (but shall not be obligated to) give Tenant notice to do such acts as are reasonably required to so maintain the Demised Premises. In the event that after such notice Tenant shall fail to promptly commence such work and diligently prosecute it to completion, then Landlord shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so reasonably expended by Landlord shall be paid by Tenant, as Additional Rent, promptly after demand with interest at the Default Interest Rate defined in Section 24 of this Lease. Landlord shall have no liability to Tenant for any damage, inconvenience, or interference with respect to Tenant’s use of the Demised Premises as a result of performing any such work, unless caused by the negligence or willful misconduct of Landlord, its employees, agents or contractors. Maintenance and repair of special tenant areas, facilities, kitchen/galley/coffee equipment, air-conditioning equipment servicing the Demised Premises only and all other furniture, finishes and equipment of Tenant and any Alterations (hereinafter defined) made by Tenant shall be the sole responsibility of Tenant. In the event that Tenant requests that Landlord and/or its agents perform such work and Landlord agrees to do so, Tenant shall reimburse Landlord promptly for the actual cost of the same. B. Landlord shall repair and maintain (and replace as necessary, subject to the terms of this Lease) the following in good order, condition and repair in a manner that is comparable to the Building’s current condition: (a) the base Building systems serving the Demised Premises; (b) the common areas of the Building (including but not limited to the parking garage); (c) the foundations, including without limitation and (d) exterior walls and roof of the roof, foundation and the concrete walkways and parking surface areas thereofBuilding. In addition, Lessee, at its sole cost and expense, Landlord shall maintain all portions of comply with the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 operational and maintenance of any parking stripes that may be placed standards and services set forth on said parking surface, and for the upkeep of the grass on the Premises. Lessee shall keep the entire Premises free for debrisExhibit B attached hereto.

Appears in 1 contract

Sources: Lease Agreement (Intelsat S.A.)

Maintenance. LesseeWithout limiting Tenant’s maintenance obligations set forth elsewhere in this Lease, at its sole cost and expense, shall maintain and ----------- keep in good repair all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, LesseeTenant, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitationexcepting the Public Improvements, plumbingin good order and repair and in a clean, electricalusable, pipingorderly, fixturesattractive, equipmentsafe and sanitary condition at all times and in compliance with the Legal Requirements. Tenant shall make all necessary repairs and replacements to keep 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, painting trash or decorating equipment on the Premises is strictly prohibited. All refuse generated by the operation of the Tennis Facility and any kindother Improvements, excepting the Public Improvements, shall be disposed of in accordance with all Legal Requirements in an expeditious and a sanitary manner. All refuse retained on the Premises shall be confined within secured sanitary confines, out of public view and 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 all glass frames that may be broken or damaged. Lessee shall also be responsible for clearing and removing snow and ice from the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs parking lots on the Premises without and from the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement sidewalks on the Premises. Lessee 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 related invoices submitted by the County to Tenant for such costs within thirty (30) days from the date of the invoice, and all such invoiced costs shall be responsible for keeping deemed to be Additional Rent due under this Lease. Notwithstanding anything to the paved parking area 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 vehicular access to the Premises and to otherwise maintain the safety and security of Tenant’s members, guests and invitees. In the event that Tenant exercises its rights of repair of the Premises clean and free of debris. Lessee shall also be responsible Access Road pursuant to this Section 5.9, Tenant may offset the actual reasonable costs it incurs for the painting and maintenance of any parking stripes that may be placed on said parking surface, and for repair from the upkeep fifty percent (50%) share of the grass on costs that Tenant owes to the PremisesCounty for costs incurred by the County to maintain the Access Road. Lessee All of Tenant’s exterior maintenance shall keep be in accordance with the entire Premises free County’s then current standards. Tenant may propose a general landscaping plan for debrisapproval by the County, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant’s compliance with the general landscaping plan shall be deemed satisfaction of Tenant’s day-to- day landscaping obligations.

Appears in 1 contract

Sources: Ground Lease Agreement

Maintenance. Lessor will, upon Lessee’s notice or as such need becomes known to Lessor, make all necessary repairs to and perform all necessary maintenance upon the Building and all parts thereof, as such are required in the normal maintenance and operation of the Building and the Leased Premises, except those repairs for which Lessee is expressly responsible pursuant to any other provisions of this Lease, those repairs that other Tenants are responsible for with respect to their premises under the provisions of said Tenants’ leases and except as provided in Sections 16 and 17 hereof. In so doing, Lessor may close wholly, or in part, or may use any entrances to the Building or the Leased Premises provided an entrance for ingress and egress is maintained. Lessor, through Lessor’s property management agent, shall keep the Leased Premises and the common areas reasonably clean, without cost to Lessee, at its sole cost and expenseno person or persons other than the property management agent, shall maintain and ----------- keep in good repair all portions of will be permitted to enter the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible Leased Premises for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises such purpose without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be not cause or permit others to cause unnecessary labor by reason of carelessness and remain indifference to the property preservation of good order and responsibility cleanliness of Lesseethe Leased Premises and the common areas, and or of other parts of the Building to which Lessee is permitted to have access, provided, however, that Lessee shall cause have the right, upon prior written request to be removed from said Premises Lessor, to restrict access of such property management service (i.e., janitorial service personnel) to certain specified areas. Property management service will not include polishing of furniture or any personal service. Lessee shall have the right to notify Lessor of any objections to or deficiencies in janitorial service and all signs so placed at the termination of this Agreement so that the Premises will be Lessor shall, if necessary, take appropriate action in the same condition as before said signs were placed thereon. All signs shall be approved by Lessor prior order to placement on the Premisesremedy such objections or deficiencies. Lessee shall be responsible for keeping the paved parking area cost of the Premises clean maintenance and free repair of debristhe inner surfaces of the wait, floors (including carpets and other floor covering) and ceilings of the Leased Premises, ordinary wear and tear accepted. Lessee shall also be responsible for all repairs, interior and exterior, structural and nonstructural, ordinary and extraordinary, in and to the painting and maintenance of any parking stripes that may be placed on said parking surfaceLeased Premises, the Building, and the facilities and systems thereof, the need for the upkeep which arises out of Lessee’s moving property in or out of the grass on Building, or the Premisesinstallation or removal or furniture, fixtures, or other property by Lessee or in the act, omission, manner of occupancy, misuse or neglect of Lessee or any of its sublessees or its or their employees, agents, servants, contractors or invitees. Lessee shall keep promptly make, at Lessee’s expense, all repairs in or to the entire Leased Premises free for debriswhich Lessee is responsible, and any repairs required to be made by Lessee to the mechanical, electrical, sanitary, heating, ventilating, air conditioning, or other systems of the Building shall be performed only by contractor(s) designated by Lessor. Any other repairs in or to the Building and the facilities and systems thereof for which Lessee is responsible shall be performed by Lessor at Lessee’s expense; but Lessor may, at its option, before commencing any such work or at any time thereafter, require Lessee to furnish to Lessor such security (including, without limitation, a bond issued by a corporate surely licensed to do business in Louisiana) as Lessor shall deem necessary to assure the payment for such work by Lessee. Lessor shall have the right, from time to time, to establish, modify and enforce reasonable rules and regulations with respect to the common areas and to do and perform such other acts as Lessor shall, in the use of its business judgment, determine to be advisable with a view to the convenience and use thereof by Lessees, their officers, agents, employees and clients.

Appears in 1 contract

Sources: Lease Agreement (RedHawk Holdings Corp.)

Maintenance. LesseeLandlord shall not be called upon and shall have no obligation to make any repairs, improvements or alterations whatsoever to the Premises except that during the term of this Lease, Landlord shall at its Landlord's sole cost and expense, shall repair and maintain the exterior walls (but not storefronts, glass, plate glass, doors), foundations, roof, roof membrane, load bearing walls and ----------- keep floor slabs in good repair all portions structural repair; provided, however, that Landlord shall not be required to make any repairs to any part of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions Premises until written notice of the interior 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 Premisessame. It is further provided that Landlord shall not be liable for or required to make any repairs, including without limitationor perform any maintenance, plumbingto or upon the Premises which are required by, electricalrelated to or which arise out of negligence or willful misconduct of and by Tenant, pipingits employees, fixturesagent, equipmentinvitees, painting licensees or decorating of any kindcustomers, and in which event Tenant shall be solely responsible for all glass frames that may therefor; and if such repairs are undertaken by Landlord, it shall be broken solely at the expense of Tenant and Tenant shall pay said amounts within thirty (30) days of receipt of billing therefor, or damagedin the alternative shall be considered in default under the terms of this Lease. Lessee Except to the extent caused by the negligence or willful misconduct of Landlord, Landlord's employees, agents, contractors, invitees or licensees, Tenant shall also be responsible for the repair, maintenance service, keep and replacement of maintain the heating and air conditioning system in said Premises. 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 redeliver possession remaining portions of the Premises in as 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 commencement reasonable cost of such repairs within seven (7) days of receiving written notice of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrissame.

Appears in 1 contract

Sources: Lease Agreement (MST Enterprises Inc)

Maintenance. (a) Lessee at its own expense shall at all times during the Term applicable to the Equipment inspect, maintain, service, repair and overhaul the Equipment so as to keep it (i) in good operating condition and good physical condition, ordinary wear and tear excepted, (ii) in compliance with applicable insurance policies and in a manner and frequency required by applicable manufacturers' warranties, if any, and (iii) maintain the Equipment under a preventive maintenance program by qualified personnel (who may be employees of Lessee) who possess a working knowledge of the mechanical operation of the Equipment including electrical systems, motors, drives, controls, accessories, lubricants and all other items necessary to make the machine operate at the same rate of production as of the date of delivery under this Lease and in the same manner and with the same care as used by Lessee with similar equipment owned or leased by Lessee, and as such specifications may be adjusted by Modifications under this Lease, subject to ordinary wear and tear (with respect to the Equipment, the "Applicable Specifications"). The Equipment shall be, moreover, inspected, maintained, serviced, repaired, overhauled and preserved by Lessee in compliance with all material requirements of Applicable Laws, and Lessee will (at its sole cost expense) provide all maintenance and expenseservice and make all repairs necessary for such purpose. Lessor shall not be obliged in any way to maintain, alter, repair, rebuild, overhaul or replace the Equipment. (b) Lessee shall maintain and ----------- keep in good repair proper order all portions of the Premisesappropriate books, including without limitation the roofrecords, foundation and the concrete walkways and parking surface areas thereof. In additionservice manuals, Lesseeoperating manuals, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kindblueprints, and shall be responsible for title documents in connection with the Equipment and provide all glass frames that may be broken or damagedsuch books, records and documents to Lessor at the date of return. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. Lessee further agrees to replace the whole maintain 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee shall cause to be removed from said Premises maintained all records, logs and other materials required to be maintained in respect of the Equipment by Applicable Laws and upon written request promptly furnish or cause to be furnished to Lessor such information as may be required to enable Lessor to file any and all signs so placed at reports required to be filed by Lessor or the termination Owner Participant with any Governmental Authority because of this Agreement so that the Premises will be Lessor's ownership or interest in the same condition as before said signs were placed thereon. All signs shall be approved by Lessor prior to placement on the Premises. 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 for debrisEquipment.

Appears in 1 contract

Sources: Lease Agreement (Sweetheart Holdings Inc \De\)

Maintenance. LesseeLessor shall maintain the Building’s roof, structural load bearing walls and slab in a safe, orderly and good operating condition, at its sole expense, not to be included in C.A.M. (as defined in the next sentence). Lessor shall also maintain the common areas of the Building, the Land, and the Business Park in safe, orderly and good operating condition, and costs of so maintaining these common areas shall be known as “Common Area Maintenance” or “C.A.M.”, and shall include, but not be limited to, reasonable management expenses and landscaping services, and such other reasonable costs and expenses as may be paid by Lessor in connection with the upkeep, maintenance, repair, replacement and management of the Premises, the Building and the Business Park. Notwithstanding the foregoing, C.A.M. shall not include those items described on Exhibit “E” attached hereto. Lessee agrees to pay Lessee’s Proportionate Share of all Common Area Maintenance incurred during the terms of this Lease (except that the costs incurred in connection with the Business Park shall be equitably allocated among all buildings within the Business Park), which amount shall constitute additional rental hereunder and shall be payable by Lessee to Lessor in the manner set forth in Paragraph 6 of this Lease. This Lease is what is commonly called a “net lease”, it being agreed that except as expressly provided in this Lease, Lessor shall receive the Base Rent set forth in Section 2 free and clear of any and all impositions, taxes, real estate taxes, liens, charges or expenses of any nature whatsoever in connection with the operation and maintenance of the Premises. In addition to the Base Rent reserved under Section 2 and the Additional Rental payable under Section 6, Lessee shall be responsible to pay all charges it incurs in connection with the Premises, including utilities, insurance premiums, construction costs and any other charges, costs and expenses incurred by Lessee. Lessee shall in no event be entitled to any abatement of or reduction in rent payable hereunder, except as specifically provided in this Lease. Notwithstanding the foregoing, Lessor acknowledges that the electricity provided to the Premises is not separately metered from that provided to the Expansion Space. Lessee shall pay the cost of electricity consumed within the Premises and the Expansion Space directly to the electrical utility, however, until such time as Lessee leases the Expansion Space or Lessor constructs a demising wall separating the Premises from the Expansion Space and installs meters separately measuring electricity consumed in the Premises: (i) provided there is a tenant or other occupant in the Expansion Space, Lessee shall receive a credit of $6,500.00 per month against each monthly installment of Base Rent; and (ii) during the period when the Expansion Space is unoccupied, Lessee shall receive a credit of $3,750.00 per month against each monthly installment of Base Rent. That monthly credit will be increased or decreased from time to time, to reflect any changes in the electrical utility’s pricing of electricity. Lessee shall maintain and repair, at Lessee’s expense, all of the fire extinguishers located within the Premises and all sprinkler systems located within the Premises. The maintenance obligations of Lessee for these matters shall include the obligation of Lessee to see that the fire extinguishers and sprinkler systems are maintained at the minimum code requirements, including having the systems inspected and recharged as necessary or as otherwise required under the applicable city, county or state codes. It will be an event of default under this Lease should Lessee fail to maintain fire extinguishers and sprinkler systems to the standard described herein or should the fire extinguishers or sprinkler systems not pass any inspection conducted by any appropriate governmental authority. In addition to the foregoing, Lessee shall be responsible to maintain and repair, at Lessee’s expense, all exit lights, emergency lights and smoke detectors located throughout the Premises, to include but not be limited to replacement of light bulbs and emergency batteries, whether located in emergency lights, emergency exits or smoke detectors. Lessee shall be responsible to modify and add any additional fire extinguishers, safety lights or other safety features required by any governmental entity as a result of Lessee’s utilization of the Premises. All such matters shall be done at the expense of the Lessee. All fire extinguishers, safety lights and safety features required by any governmental entity shall remain the property of Lessor upon Lessee’s termination of the Lease. Lessee shall maintain and repair, at Lessee’s expense, all other portions of the Premises including, but not limited to plumbing, lighting, air conditioning, heating, electrical, ventilation, interior walls and painting, exterior doors and window glass replacement and repair. Maintenance obligations of Lessee shall include maintenance on each of the items, including by way of illustration and not limitation maintenance and servicing of the heating, air conditioning and ventilation systems, whether in the form of replacement of filters, repair and replacement of air conditioning compressors, air handlers, heat pumps and the like; replacement of light bulbs and/or fluorescent light bars and other components of the light system. Lessee shall, upon occupancy of the Premises, at its own cost and expense, shall maintain obtain and ----------- keep in good repair force at all portions times during the term of this Lease a suitable heating/air conditioning maintenance agreement with a third party acceptable to Lessor. Lessee shall provide to Lessor a copy of said agreement immediately upon occupancy of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the The heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain under the property and responsibility control of Lessee, and Lessee shall cause except to be removed from said Premises any and all signs so placed at the termination extent that such costs are covered either under a warranty running in favor of this Agreement so that the Premises will be Lessor or, in the same condition as before said signs were placed thereon. All signs shall be approved by Lessor prior to placement on the Premisesevent of fire or other casualty, where claims are reimbursed under Lessor’s insurance. Lessee shall be responsible for keeping pest control services and trash collection services as needed by Lessee. To the paved parking area extent that Lessee defaults (as defined in Section 19, below) in its performance of its responsibilities to maintain, repair and replace the above described portions of the Premises clean Premises, then and free in that event Lessor may undertake such maintenance, repair and replacement obligations, and immediately upon completion of debrissuch work shall cause the costs of the same to be billed to Lessee as additional rent. Lessee shall also be responsible for pay the painting same within ten (10) days from the date of receiving such ▇▇▇▇. Failure to pay such ▇▇▇▇ shall result in a default under the terms of the Lease. Lessee shall, at the termination of the Lease, by lapsed time or otherwise, surrender up the Premises in good order, reasonable use, wear and maintenance tear excepted. Lessee may, at its sole election, remove any tenant improvement installed by Lessee except as otherwise stated hereinabove at the termination of the Lease provided Lessee pays the cost of removal and repairs of any parking stripes that may be placed on said parking surface, and for all damage in or to the upkeep of the grass on the Premises. Lessee shall keep the entire Premises free for debrisresulting from such removal.

Appears in 1 contract

Sources: Industrial Lease (Medical Technology Systems Inc /De/)

Maintenance. LesseeDistrict shall be obligated, at its sole cost and expenseall times, shall maintain and ----------- keep in good repair all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of throughout the term of this Agreement, reasonable without cost to City, to maintain the Premises, AWTF and Related Facilities and all Subsequent Alterations or Improvements in good appearance, repair, and safe condition, except for ordinary wear and tear only exceptedtear, and in a condition otherwise satisfactory to Director. Lessee District shall not construct or install any signs maintain all improvements on the Premises without Premises, whether installed by District or City. All maintenance shall be performed diligently and shall be of a quality equal to or better than the original work in materials and workmanship, and all work shall be subject to the prior written consent approval of LessorDirector, which approval shall not be unreasonably withheld. Any such signs placed on When used in this Agreement, the term “maintenance” shall include all repairs, alterations, maintenance and/or removals reasonably deemed necessary by Director in order to ensure that the AWTF and Related Facilities will consistently operate pursuant to the operational parameters set forth in Exhibit E. Landlord may enter the Premises at any time during regular business hours, to determine if District is in compliance with the requirements of this Section 7. If, following any such inspection by Lessee Landlord, Landlord delivers notice of any deficiency to District; District shall promptly prepare and deliver to Landlord, District’s proposed plan for remedying the indicated deficiencies. ▇▇▇▇▇▇▇▇’s failure to deliver, following any Landlord’s inspection, any notice of deficiency to District, shall not be and remain the property and responsibility of Lessee, and Lessee shall cause deemed 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 prior to placement on the Premises. Lessee shall be responsible for keeping the paved parking area Landlord’s approval of the Premises clean and free then condition of debris. Lessee shall also be responsible for the painting and maintenance Project, nor Landlord’s waiver 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 for debrisdefault by District under this Section 7.

Appears in 1 contract

Sources: Ground Lease and Property Use Agreement

Maintenance. LesseeLandlord 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 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 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 not customary for office tenants in Comparable Buildings. Any such improvement shall be maintained and repaired by Tenant, at its sole cost and expense, shall 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 provide services and to maintain the Building in a manner consistent with the services and ----------- keep maintenance provided to office tenants in good Comparable Buildings; provided, however, all costs and expenses associated with the maintenance, repair all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating and/or replacement of any kinditem, 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 shall be responsible Tenant agrees to reimburse Landlord for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance such costs and replacement expenses within fifteen (15) days after receipt of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrisan invoice therefor.

Appears in 1 contract

Sources: Lease Agreement (Realpage Inc)

Maintenance. Lessee, 3.4.1 shall at all times during the period of this lease and any renewal thereof and at its sole cost own expense well and expensesubstantially repair, shall renew, paint, cleanse and keep and maintain and ----------- keep in good repair all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of first class order the interior of the Premisesleased Premises and fittings and shall, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee shall cause to be removed from said Premises any and all signs so placed at the termination of this Agreement so that the lease, re-deliver the leased Premises will be to the LANDLORD in the same condition as before said signs were placed thereonfirst class condition. All signs There shall be approved by Lessor prior to placement no obligation on the PremisesLANDLORD in common law or in terms of this lease to maintain or cleanse or effect any repairs, renewals or replacements to the interior of the leased Premises and the TENANT shall be fully responsible for any such maintenance, cleansing, repairs, renewals or replacements at its own expense. Lessee The LANDLORD shall not be responsible for keeping any damage, loss or inconvenience which the paved parking area TENANT or others may suffer owing to any defects, breakages or failures or owing to leakages or to the elements such as rain, hail or lightning or otherwise howsoever and, the TENANT shall not be entitled to any abatement of rental in respect thereof. 3.4.2 shall maintain and keep the Premises clean and free of debris. Lessee as no service shall also be responsible supplied by the LANDLORD. 3.4.3 shall be liable for the painting and maintenance payment of any parking stripes that may all monthly charges due to the relevant company appointed by the TENANT in respect of the burglar alarm system in the leased Premises which is to be placed on said parking surface, and maintained by the TENANT for the upkeep duration of the grass lease. If the TENANT fails to implement any of its obligations in terms of this Clause 3.4, the LANDLORD shall be entitled, without notice to the TENANT to carry out the TENANT's obligations for the account of the TENANT who shall on demand effect payment to the PremisesLANDLORD of such costs and expenses incurred. Lessee shall keep Failure by the entire Premises free for debrisTENANT to effect payment in terms of such demand will constitute a breach of this Lease.

Appears in 1 contract

Sources: Lease Agreement (SurePure, Inc.)

Maintenance. LesseePursuant to Wis. Stat. § 704.07, at its sole cost Landlord shall keep the structure of the building in which the Premises are located and expensethose 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, except for his negligent acts or omissions, shall maintain not be liable for injury, loss, or 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 ----------- keep in good repair all portions pipes, (e) disrepair or malfunction of the Premises, including without limitation the roofappliances, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions and/or equipment unless Landlord was provided with prior written notice by Tenant of the interior 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 physically alter or redecorate the Premises, including without limitationcause any contractor's lien to attach to the Premises, plumbingcommit waste to the Premises or the property of which it is a part, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken attach or damaged. Lessee shall also be responsible for display anything which substantially affects the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession exterior appearance of the Premises or the property in as good condition as at which it is located, unless otherwise allowed under the commencement of the term of this Agreement, reasonable wear rules or unless Landlord has granted specific written approval. Landlord shall keep heating equipment in a safe and tear only exceptedoperable condition. Lessee shall not construct or install any signs on Whichever party is obligated to provide heat for the Premises without the prior written consent they shall maintain a reasonable level of Lessor. Any such signs placed on heat to prevent damage to the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 building in the same condition as before said signs were placed thereon. All signs shall be approved by Lessor prior to placement on the Premises. 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 for debriswhich it is located.

Appears in 1 contract

Sources: Residential Rental Agreement

Maintenance. Lessee(a) By entry hereunder, Tenant accepts the Premises as being 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, Tenant shall keep the Premises and every part thereof in good condition and repair, at its sole cost and expense, shall maintain and ----------- keep in good repair all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. Lessee further agrees to replace the whole or any portion of the sewerage and sanitary fixtures should the need arise, at its Tenant's sole cost and expense. Upon expiration The Tenant agrees on the last day of the term hereof, or on the sooner termination of this AgreementLease, Lessee shall redeliver possession of to surrender the Premises to Landlord in as good condition as at and repair with all interior walls cleaned, 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 cleaned, and all floors cleaned and waxed. Tenant also agrees to surrender to Landlord all alterations, additions, and improvements which may have been made in, to, or on the commencement Premises by Tenant, except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on Lease whether Landlord desires to have the Premises without or any part or parts thereof restored to their condition as of the prior written consent commencement of Lessorthis Lease. Any such signs placed on If Landlord shall so desire, then Tenant shall restore the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee shall cause to be removed from said Premises any and all signs so placed at or such part or parts thereof before the termination of this Agreement Lease at Tenant's sole cost and expense. Tenant on or before the end of the term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all property not so that removed shall be deemed to be abandoned by Tenant. If the Premises will be 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 same condition 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 before 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 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 signs were placed thereonCode, or any similar or successor laws. All signs Except as provided in Paragraph 23 hereof, there shall be approved no abatement of rent and no liability of Landlord by Lessor prior reason of any injury or interference with Tenant's business arising from the making of any repairs, alterations or improvements to placement on the Premises. Lessee shall be responsible for keeping the paved parking area any portion of the Building or the Premises clean or to fixtures, appurtenances 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 for debrisequipment therein.

Appears in 1 contract

Sources: Office Lease (Salix Holdings LTD)

Maintenance. LesseeA. Subject to Tenant’s obligations under Section 8.B below, Landlord, at its sole cost and expense (except and to the extent that any cost or expense is a permitted Operating Expense hereunder) shall make any and all repairs, maintenance and replacements to the base Building, including the Building roof and Building structure (e.g., the Building’s slab and load-bearing columns and walls) and the Building’s mechanical, electrical, plumbing, HVAC and fire and life safety systems, and to the common areas of the Building and the Garage, and shall keep the base Building and the common areas of the Building, including the fitness facility and conference center, clean, neat and in good order, repair and condition and in compliance with all Laws. Notwithstanding anything herein to the contrary, Landlord shall not be responsible for any repair or maintenance which is caused in whole or in part by the act or omission of Tenant or its agents, contractors, employees, or guests. In the event of such repair or maintenance caused by the act or omission of Tenant, Tenant shall pay for such repair or maintenance upon demand from Landlord and shall indemnify, defend, protect and hold harmless Landlord against any and all loss, cost or liability in connection therewith. Landlord shall have a reasonable time after written notice from Tenant to perform necessary repairs or maintenance. Tenant hereby waives and releases any right to make repairs at Landlord’s expense, which may be provided at common law or pursuant to any law, statute, or ordinance now or hereafter in effect. B. Subject to Landlord’s obligations under Section 8.A above, Tenant, at its sole cost and expense, shall maintain make any and ----------- all repairs, maintenance and replacements to the Premises and the improvements, fixtures and systems therein, and shall keep the Premises clean, neat and in good order, repair and condition and in compliance with all portions Laws, provided that Tenant shall not be obligated to make any capital improvements relating to the Premises unless required due to Tenant’s use of the PremisesPremises for purposes other than typical office use. Tenant shall give Landlord prompt written notice of any defects or damage to the structure of, including without limitation or equipment or fixtures in, the roof, foundation and the concrete walkways and parking surface areas Building or any part thereof. In additionAt the expiration or other termination of the Term, LesseeTenant shall, at its sole cost and expense, shall maintain all portions surrender the Premises broom clean and in good order and condition, ordinary wear and tear and damage by the elements, and fire and other casualty not required to be insured by Tenant excepted, and with removal of items as required by Section 11. To the extent that Tenant’s use or uses of the interior Premises or Alterations thereto (beyond typical office use) or Tenant’s manner of operation creates a need or requirement under applicable Laws (including, without limitation, the ADA) to modify or alter the Premises, including without limitationsupporting facilities, plumbingor access thereto, electricalor the manner of operation, pipingmaintenance and repair thereof, fixtures, equipment, painting or decorating of any kind, and Tenant shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be fully responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. Lessee further agrees costs 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any undertake such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lesseechanges, and Lessee shall cause in addition, to be removed from said Premises any and all signs so placed at fully comply with the termination requirements 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 prior to placement on the Premises. 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 for debrisSection 9 below.

Appears in 1 contract

Sources: Office Lease (Aurinia Pharmaceuticals Inc.)

Maintenance. Lessee(a) Subtenant shall, at its sole cost and expense, shall keep, maintain and ----------- keep in good repair all portions the Sublease Premises as required by Section 6.01(a) of the PremisesMaster Lease, including without limitation except for those items to be maintained by Sublandlord as provided in Section 7(c) hereof. Without limiting the roofforegoing, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and Subtenant shall be responsible for repairing any damage to the Sublease Premises or the Building caused by Subtenant or its employees, agents or contractors which is beyond normal wear and tear, and Sublandlord shall have no liability therefore. Subtenant hereby expressly waives all glass frames rights to make repairs at the expense of Sublandlord as provided in Section 1942 of the California Civil Code; provided, however, that Subtenant may make emergency repairs if Subtenant has notified Sublandlord of an emergency condition needing immediate repair and the Sublandlord is unable or unwilling to make such immediate repairs within a reasonable time under the circumstances. (b) The waiver of liability provided in the last sentence of Section 6.01(b) of the Master Lease shall apply to Sublandlord’s obligation to repair and maintain the Sublease Premises, and is incorporated herein by reference, with references to “Lessor” therein deemed to refer to Sublandlord and references to “Lessee” therein deemed to refer to Subtenant. (c) Except for those items to be broken repaired, maintained or damaged. Lessee replaced by Master Landlord under the Master Lease, and except for the Sublease Premises (which shall also be maintained by Subtenant), Sublandlord shall be responsible for the repairmaintenance, maintenance repair and replacement of the heating Building, including the Building Systems and air conditioning system in said Premises. Lessee further agrees the Building Common Areas (as hereinafter defined), subject to replace the whole or any portion Subtenant’s obligation to reimburse Sublandlord for Subtenant’s Percentage Share of the sewerage and sanitary fixtures should Building Maintenance Costs as provided in Section 7(d) hereof; provided, however, that notwithstanding anything in this Sublease to the need arisecontrary, at its sole cost and expense. Upon expiration or termination of this Agreement, Lessee shall redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. Lessee Subtenant 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 repair and maintenance of any parking stripes that may be placed on said parking surfacethe HVAC within the Sublease Premises, and for the upkeep Sublandlord shall have no responsibility therefor. Sublandlord shall not have an obligation to perform such maintenance, repairs or replacements of the grass on Building, Building Systems or Building Common Areas unless and until Subtenant has given Sublandlord notice of the Premisesneed for such maintenance, repairs or replacements. Lessee The “Building Common Areas” shall keep mean the entire Premises free for debrisexterior Building walls, roof membrane, Building lobbies, hallways in non-exclusive areas, stairwells between floors, elevators and non-exclusive restrooms in the Building and other similar public areas and access ways. Subtenant acknowledges that, pursuant to the terms of the Master Lease, Master Landlord may change the Building Common Areas in Master Landlord’s sole and absolute discretion.

Appears in 1 contract

Sources: Sublease Agreement (Niku Corp)

Maintenance. a. The Lessor shall keep and maintain the foundation, outer walls, roof and buried conduits of the premises in good repair, except that the Lessee shall make any such repairs occasioned by the negligence of Lessee, its agent, express or implied invitees, or employees. b. The Lessee, at its sole cost and expense, shall keep and maintain and ----------- keep in good repair the demised premises, as now or hereafter constituted with all portions of the Premisesimprovements made thereto, including without limitation the roofglass, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, (reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee), and Lessee shall cause make all repairs, replacements and renewals, whether ordinary or extraordinary, seen or unforeseen, including all structural repairs to be removed from said Premises any and all signs so placed at the termination of this Agreement so that interior necessary to maintain the Premises will be in the same condition as before said signs were placed thereon. All signs shall be approved by Lessor prior to placement on the Premises. demised premies. c. Lessee shall be responsible for keeping the paved parking area operation, upkeep, repair and replacement of the Premises clean air-conditioning and free heating system and plumbing, except where the repair or replacements are covered under a warranty running in favor of debristhe Lessor. d. If Lessee fails to repair property as required hereunder to the reasonable satisfaction of Lessor as soon as it is reasonably possible, after written request, Lessor shall hereby have the right to enter the leased premises as is necessary to effect repairs and to make such repairs at Lessee's expense, without liability for any loss or damage that may accrue to Lessee's merchandise, fixtures or other property or to Lessee's business by reason thereof. Upon completion of such repairs, Lessee shall pay as additional rent Lessor's costs for making such repairs within ten (10) days of presentation of the ▇▇▇▇ therefor by Lessor, which shall be conclusive evidence of the amount of such costs. Lessee's failure to make such repayment shall constitute a default under the terms of this Lease. Nothing herein shall imply any duty upon the part of the Lessor to do any such work and performance of such work by the Lessor shall not constitute a waiver of the Lessee's failure to have performed such work. e. Lessee shall indemnify and hold Lessor harmless from and against any an all costs, expenses, claims losses, damages, fines or penalties, including reasonable attorney's fees, because of or due to Lessee's failure to comply with any of the provisions of this Lease, including Lessee's duty to repair. Lessee shall also be responsible not call upon Lessor for any disbursement or outlay of money whatsoever in connection with such repairs and hereby expressly releases and discharges Lessor of an from any liability or responsibility whatsoever in connection therewith, including any repairs made by Lessor pursuant to the painting and maintenance terms 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 for debrisSubsection (d) above.

Appears in 1 contract

Sources: Business Lease (Triple a Homes Inc)

Maintenance. A. During the Term of this Lease, Lessee at Lessee’s expense: 1. Shall maintain and keep the Helicopter, its engines, components, appliances, accessories, instruments and equipment in good order and repair in strict compliance with FAA requirements (and without limitation of the foregoing), cause to be performed on all parts of the 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 Term of this Lease, and also in accordance with all manufacturer’s manuals or Lessee’s FAA approved maintenance programs. 2. Shall replace the Helicopter components, appliances, accessories, instruments and 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 accordance with the terms and conditions of this Lease. 3. Shall perform all overhauls, 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 alterations to the Helicopter or its engines as Lessee may determine and as Lessor shall first approve in writing. Lessor shall respond within five days and will not unreasonably withhold such approval. Lessor shall bear no liability for the cost of any such modification, change or alteration to the Helicopter or its engines whether in the 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 sole cost remove any equipment or alterations that it installed and expensereturn 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 maintain and ----------- keep not be obligated to 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 good repair all portions the preceding sentence with respect to one or more of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereofpieces of equipment or alterations installed by Lessee. 5. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall Shall be responsible for all glass frames that may be broken required inspections of the Helicopter and its engines and licensing or damagedre-licensing the Helicopter in accordance with all applicable FAA and other applicable governmental requirements. Lessee shall also be responsible for at all times cause the repairHelicopter to have on board a current U.S. Certificate of Airworthiness issued by the FAA. 6. All inspections, maintenance maintenance, modifications, repairs and replacement overhauls of the heating Helicopter or its engines, components, appliances, accessories, instruments or equipment shall be performed by personnel authorized to perform such services by the FAA. 7. Shall at all times have the Helicopter’s engines and air conditioning system in said Premises. Lessee further agrees to replace transmission on a “Power By the whole or any portion of the sewerage and sanitary fixtures should the need ariseHour” program, at its sole cost and expense. Upon expiration or termination of this Agreement, Lessee shall redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only exceptedwhich is approved by Lessor. Lessee shall not construct or install any signs on use its best efforts to have the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee shall cause to be removed from said Premises any and all signs so placed “Power By The Hour” agreement assigned 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 prior to placement on the Premises. Lessee shall be responsible for keeping the paved parking area end of the Premises Term. 8. Shall inspect and clean and free of debris. Lessee shall also be responsible for the painting and maintenance of any parking stripes that may be placed Helicopter on said parking surface, and for the upkeep of the grass on the Premises. Lessee shall keep the entire Premises free for debrisa regular basis.

Appears in 1 contract

Sources: Helicopter Lease Agreement (U.S. Helicopter CORP)

Maintenance. LesseeTenant shall, at its sole cost and expensethroughout the term of this Lease, shall maintain and ----------- keep in take good repair all portions care of the Premises, including without limitation the roof, foundation leased premises and the concrete walkways fixtures and parking surface areas thereofappurtenances therein. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and Tenant shall be responsible for all glass frames that may be broken damage or damagedinjury to the Demised Premises or any other part of the Demised Premises and Warehouse and the systems and equipment thereof, 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. Lessee 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 responsible for 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 repair, maintenance purchase and replacement of light bulbs), located within the heating and air conditioning system in said Demised Premises. Lessee further Tenant agrees to replace give prompt notice of any defective condition in the whole 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 sewerage Demised Premises or in and sanitary fixtures should to the need arisefixtures, appurtenances or equipment thereof, provided Landlord is prosecuting such repairs, alterations, 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 its sole cost and expenselaw in such instance will be by way of an action for damages for breach of contract. Upon the expiration or other termination of this Agreement, Lessee shall redeliver possession of the Premises in as good condition as at the commencement of the term of this AgreementLease, reasonable wear Tenant shall quit and tear only excepted. Lessee shall not construct or install any signs on surrender to Landlord the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of LesseeDemised Premises, broom-clean, and Lessee shall cause to be removed from said Premises any in good order 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 prior to placement on the Premises. 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 surfacecondition, ordinary wear excepted, and for the upkeep Tenant shall remove all of the grass on the Premises. Lessee shall keep the entire Premises free for debrisits property.

Appears in 1 contract

Sources: Lease (Curagen Corp)

Maintenance. LesseeTenant shall , at its sole cost throughout the term of this lease, take and expense, shall maintain and ----------- keep in good repair all portions care of the Premises, including without limitation the roof, foundation demised premises and the concrete walkways fixtures and parking surface areas thereofrepairs appurtenances therein. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and Tenant shall be responsible for all glass frames that damage or injury to the demised premises or any other part of the building and the systems and equipment thereof, whether requiring, structural or nonstructural repairs caused by or resulting from 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 tot the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant's expense, all repairs in and tot he demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of its demised premises, and the public portions of the building interior and the building plumbing, electrical and ventilation systems (to the extent such systems presently exist) servicing the demised premises. Tenant agrees to give prompt notice to any defective condition in the premises for which Owner may be broken responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or damaged. Lessee shall also be responsible for the repairinjury to business arising from Owner or others making repairs, maintenance and replacement of the heating and air conditioning system alterations, additions or improvements in said Premises. Lessee further agrees or to replace the whole or any portion of the sewerage building or the demised premises or in and sanitary fixtures should to the need arisefixtures, at its sole cost and expense. Upon expiration appurtenances or termination equipment thereof, it is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this Agreement, Lessee shall redeliver possession of the Premises in as good condition as at the commencement of the term or any other article of this AgreementLease, reasonable wear and tear only exceptedTenant agrees that Tenant's sole remedy at law in such instance will be by the way of an action for damages for breach of contract. Lessee The provisions of this Article 4 shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 apply in the same condition as before said signs were placed thereoncase of fire or other casualty which are dealt with in Article 9 hereof. All signs shall be approved by Lessor prior to placement on the Premises. 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 for debris.Window Cleaning:

Appears in 1 contract

Sources: Lease Agreement (Compuflight Inc)

Maintenance. LesseeSubtenant shall, at all times during the Term, at its sole cost and expense, shall maintain promptly perform all maintenance and ----------- keep in good repair all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of repairs to the interior of the PremisesThird Floor Space that are not Master Landlord’s, including Sublandlord’s or Tenant’s express responsibility under the Master Lease, Sublease or this Agreement, and shall maintain the interior of the Third Floor Space, including, without limitation, plumbingthe FF&E, electricalin good condition and repair, pipingreasonable wear and tear and damage caused by casualty excepted and repairs that are the express responsibility of Master Landlord, fixturesSublandlord, equipmentand Tenant under the Master Lease, painting Sublease and this Agreement excepted. For the avoidance of doubt, Subtenant’s obligations as to the Third Floor Space under the preceding sentence shall not differ from Tenant’s obligations as to the Subleased Premises as set forth in Section 5.5(b) of the Sublease. Notwithstanding anything to the contrary expressed in this Agreement, but subject to the provisions of the Master Lease and Sublease, Tenant shall not be liable for and there shall be no abatement of rent with respect to any injury or decorating interference with Subtenant’s business arising from any performance or nonperformance of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance maintenance, alteration or improvement in and replacement of the heating and air conditioning system in said Premises. Lessee further agrees to replace the whole or any portion of the sewerage Subleased Premises, including the Third Floor Space, no actual or constructive eviction of Subtenant shall result from such performance or non performance; provided, however, that notwithstanding anything to the contrary contained in this Agreement, (i) Tenant, upon its receipt of written notice from Subtenant, shall use reasonable efforts to enforce all repair and sanitary fixtures should maintenance obligations of Sublandlord under the need ariseSublease and Master Landlord under the Master Lease, and (ii) if for any reason Tenant shall be entitled to receive under the Sublease an abatement of rent as to the Third Floor Space (applicable to any period during the Term) and receives such an abatement, then Subtenant shall be entitled to receive from Tenant an equitable abatement of Sub-Rent payable under this Agreement. Except for any termination rights that Subtenant may have with respect to any damage to the Third Floor Space or Building caused by a casualty or condemnation, Subtenant shall not have the right to terminate this Agreement, and Subtenant shall not be relieved from the performance of any covenant or agreement in this Agreement by reason thereof. Subtenant hereby waives ad releases its right to make repairs at its sole cost Tenant’s expense under Sections 1932(1), 1933(4), 1941 and expense1942 of the California Civil Code or any similar or successor law now or hereinafter in effect. Upon expiration At the end of the Term or earlier termination of this Agreement, Lessee Subtenant’s surrender obligations under this Agreement shall redeliver possession be deemed satisfied if Subtenant shall deliver the Third Floor Space to Tenant in broom clean condition, free of its personal property, and shall have no obligation to remove any of the Premises in as good condition as at FF&E or any Alterations or Tenant Improvements made to the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct Third Floor Space by Sublandlord or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrisTenant.

Appears in 1 contract

Sources: Sub Sublease (Glu Mobile Inc)

Maintenance. LesseeLandlord shall maintain, at its sole cost and expense, shall maintain and ----------- keep in good repair all portions condition, the structural parts of the Premises, including 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, without limitation the rooflimitation, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all those portions of the interior of systems lying outside the Premises, including without limitationwindow frames, plumbinggutters and downspouts on the Building, electricalthe heating, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating ventilating and air conditioning system in said servicing the Premises. Lessee further agrees to replace , the whole or any portion outside areas of the sewerage project, including landscaping, sidewalks, service areas, driveways, parking areas, walkways and sanitary outside lighting; provided, however, the cost of all such 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 should the need ariseas well as damage caused by Tenant, at its agents, contractors, employees or invitees. In its sole cost discretion, Landlord reserves the right to require Tenant to contract directly, maintain, repair and expenseservice the heating, ventilating and air conditioning equipment. Upon expiration or termination of this AgreementLease, Lessee Tenant shall redeliver possession of surrender the Premises to Landlord in as good the same condition as existed at the commencement of the term of this AgreementTerm, except for reasonable wear and tear only excepted. Lessee shall not construct or install any signs on damage caused by fire or other casualty for which Landlord has received all funds necessary for restoration of the Premises without the prior written consent of Lessorfrom insurance proceeds. Any such signs placed on the Premises by Lessee Except as provided in Paragraph 19, there shall be no abatement of rent and remain no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the property and responsibility making of Lesseeany repairs, and Lessee alterations or improvements in or to any portion of the Project or the Premises. Landlord shall cause use reasonable good faith efforts to be removed from said Premises minimize any injury or interference. Tenant hereby waives any and all signs so placed rights to make repairs at the termination expense of this Agreement so that Landlord under the Premises will be in the same condition as before said signs were placed thereon. All signs shall be approved by Lessor prior to placement on the Premises. Lessee shall be responsible for keeping the paved parking area provisions of Sections 1941 and 1942 of the Premises clean and free of debris. Lessee shall also be responsible for the painting and maintenance of California Civil Code or 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 for debrissimilar statute now or hereafter enacted.

Appears in 1 contract

Sources: Multi Tenant Industrial Lease (Vidamed Inc)

Maintenance. LesseeImprovements: 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, at 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 sole cost and expense, shall maintain and ----------- keep in good repair all portions of consent to any alteration or addition that would affect the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at Building's structure or its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitationHVAC, plumbing, electrical, pipingor mechanical systems. Tenant shall not paint or install lighting or decorations, fixturessigns, equipmentwindow or door lettering, painting or decorating advertising media of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for type which would affect the repair, maintenance and replacement appearance of the heating and air conditioning system in said Premises. Lessee further agrees to replace the whole or any portion exterior of the sewerage and sanitary fixtures should the need arise, at its sole cost and expense. Upon expiration Building or termination of this Agreement, Lessee shall redeliver possession any common areas of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises Building without the prior written consent of LessorLandlord, which shall not be unreasonably withheld, or delayed. Any such signs placed All alterations, additions, or improvements made in or upon the Premises shall, at Landlord's option, 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 by Lessee at the end of the Term without compensation to Tenant; provided, however, Landlord shall notify Tenant at the time of any such approval whether Landlord will require Tenant to remove such improvements at the end of the Term. All alterations, additions, and improvements shall be and remain the property and responsibility of Lesseeconstructed, maintained, and Lessee used by Tenant, at its risk and expense, in accordance with all Laws; Landlord's approval of the plans and specifications therefor shall cause not be a representation by Landlord that such alterations, additions, or improvements comply with any Law. Notwithstanding any other provision in this Section, Tenant shall be entitled to be removed from said Premises any and all signs so placed at the termination of this Agreement so that make nonstructural, cosmetic alterations or improvements to the Premises will be without Landlord's consent or approval; provided, however, any alterations or improvements exceeding an aggregate value of $25,000 in the same condition as before said signs were placed thereon. All signs any calendar year shall be approved by Lessor prior to placement on the Premises. 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 for debrisrequire Landlords approval.

Appears in 1 contract

Sources: Lease Agreement (Paypal Inc)

Maintenance. LesseeGrantor will, or will cause Tenants (as hereinafter defined) to, cause the Mortgaged Premises and every part thereof to be maintained, preserved and kept in safe and good repair, working order and condition, will abstain from and not permit the commission of waste in or about the Mortgaged Premises, and will comply with all laws and regulations of any governmental authority with reference to the Mortgaged Premises and the manner of using or operating the same, and with all restrictive covenants, if any, affecting the title to the Mortgaged Premises, or any part thereof. Grantor also will, or will cause Tenants to, from time to time make all necessary and proper repairs, renewals, replacements, additions and betterments thereto, so that the value and efficient use thereof shall be fully preserved and maintained and so as to comply with all laws and regulations as aforesaid. Grantor will not otherwise make any material modifications to the Mortgaged Premises without the written consent of Beneficiary; provided, however, that Beneficiary’s consent will not be required for any modification to the Mortgaged Premises that may be completed by Tenants under the terms of the Leases (as hereinafter defined) without the consent of Grantor. If the Beneficiary has reasonable cause to believe that the Mortgaged Premises is not in compliance with applicable laws and regulations (including environmental, health and safety laws and regulations), at the request of Beneficiary, from time to time, Grantor, at its sole cost and expense will furnish Beneficiary with engineering studies and soil tests with respect to the Mortgaged Premises, the form, substance and results of which shall be satisfactory and certified to Beneficiary. Beneficiary agrees that Grantor shall not be required to pay the costs associated with such studies and tests more than once in any Loan Year (as defined in the Note). If any such engineering studies or soil tests indicate any violation, of environmental, health, safety or similar laws or regulations, then Grantor, at its sole cost and expense, shall maintain and ----------- keep will promptly take whatever corrective action is necessary to assure the Mortgaged Premises is in good repair all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrisfull compliance with law.

Appears in 1 contract

Sources: First Deed of Trust, Security Agreement and Fixture Filing (Cole Credit Property Trust III, Inc.)

Maintenance. LesseeLessee covenants throughout the Term of this Lease, at its sole cost and expense, shall to keep and maintain the Leased Premises and ----------- keep all fixtures, equipment and systems therein, including all plumbing, backflow preventers, neutralization tank(s) (subject to Paragraph 29 hereof), sprinkler, heating, air conditioning, electrical and gas fixtures, systems and equipment, all ceiling, doors and door frames, window glass and window frames, carpeting and flooring, inside walls of the Leased Premises, in good repair and condition, subject to ordinary wear and tear and damage by casualty (subject to Paragraph 19 hereof), making all portions repairs thereto as may be required. Lessor will deliver the Leased Premises in good order on the Commencement Date, subject, however, to ordinary wear and tear by the current tenant Zycos, Inc. and by Lessee, as Zycos, Inc.'s subtenant. With respect to the heating, ventilating and air conditioning ("HVAC") systems and equipment, Lessee shall obtain and maintain in force during the Term of this Lease a maintenance contract with a reputable HVAC service contractor so as to insure that the HVAC systems and equipment are maintained on a regular, preventive basis, including, but not limited to, regular changes of filters and belts, and regular preventive maintenance checks of refrigerant and pumps. Lessee shall not permit the Leased Premises to be overloaded, damaged, punctured, stained, stripped or defaced, nor suffer any waste. Lessee shall obtain Lessor's written consent before erecting any sign on the Leased Premises, except that Lessor agrees that Lessor will provide to Lessee signage space on the existing signage board(s) located outside the Building and shall reimburse Lessee for Lessee's reasonable one-time cost of installing Lessee's sign on the front of the PremisesBuilding. All of Lessee's signage shall conform to the existing signage styles. Notwithstanding the above, including without limitation Lessee and Lessor shall share equally (50/50) the roofentirety of any capital expenditure related to plumbing, foundation Building backflow preventers, sprinkler, heating, air conditioning, electrical and gas fixtures, systems and equipment (excluding (a) regular maintenance and repair, (b) replacement items which cost less than $500.00, and (c) items under maintenance contracts) which cost in the concrete walkways aggregate up to ten thousand and parking surface areas thereof00/100 dollars ($10,000.00) per year, with Lessor paying any excess over ten thousand dollars and 00/100 ($10,000.00) per year. In addition, LesseeLessor agrees, at its Lessor's sole cost and expense, shall to maintain all portions and repair the roof and structure of the interior of Building in the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good same condition as it is at the commencement of the term Term or as it may be put NOVIRIO LEASE AUGUST 21, 2001 in during the Term of this AgreementLease, reasonable wear tear and tear only wear, excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee shall cause damage by fire and other casualty excepted subject 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 prior to placement on the Premises. 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 for debrisParagraph 19 hereof.

Appears in 1 contract

Sources: Lease Agreement (Idenix Pharmaceuticals Inc)

Maintenance. LesseeTenant, at its sole cost and expense, shall take good care of and shall repair and maintain all driveways, pathways, roadways, sidewalks, curbs, parking areas, loading areas, landscaped areas, entrances and ----------- keep passageways on the Demised Premises (except for the Landlord Items) in good repair order and repair. Tenant shall, when, and 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 PremisesDemised Premises in a clean and orderly condition free of snow, including without limitation ice, dirt, rubbish, debris and unlawful obstructions debris. Tenant shall keep the roof, foundation Demised Premises fit for human occupancy and the concrete walkways and parking surface areas thereofuse. In addition, LesseeTenant shall, at its sole own cost and expense, shall maintain enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all portions of the interior of the Premiseshot water, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said systems and equipment and escalators and/or elevators and related equipment within or serving the Demised Premises. Lessee further agrees 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 replace the whole or any portion Landlord) within thirty (30) days 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 redeliver date Tenant takes possession of the Premises 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 good condition as at required hereby. Tenant acknowledges that the commencement floors of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on Building are to be constructed to withstand a uniformly distributed live load capacity per square foot as required by the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lesseeapplicable building codes, and Lessee shall cause to be removed from said Premises Tenant represents and warrants that it will not at any and all signs so placed at time subject 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 prior to placement on the Premises. Lessee shall be responsible for keeping the paved parking area floors of the Premises clean Building or any part thereof to any load exceeding such capacity. Tenant agrees that it shall use all reasonable and free prudent storage techniques including but not limited to, even distribution of debrisweight loads. Lessee shall also be responsible Without limiting Tenant’s obligations for the painting repair and maintenance set forth in this Article, Tenant shall, (following the expiration of any parking stripes that may be placed on said parking surfaceLandlord’s construction warranty as set forth in Section 2.8), at all times repair and for maintain the upkeep of the grass on the Premises. Lessee entire roof, roof membrane and structure and shall keep the entire Premises free for debrissame 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 approve the expected life or integrity of the roof operation or procedure and shall not take any action affecting the roof or the roof warranty without Landlord’s written approval.

Appears in 1 contract

Sources: Net Lease (Wells Mid-Horizon Value-Added Fund I LLC)

Maintenance. Lessee, at its sole cost and expense, shall maintain and ----------- keep in good repair all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of During the term of this Agreement, reasonable the responsibility for maintenance, repairs and replacements with respect to the Building shall be governed by the following provisions: 1. 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 LESSEE's sole cost and expense, it will keep the Building and every part thereof in good condition and repair including without limitation, the maintenance, replacement and repair of any storefront, doors, window casements, glazing, plumbing, (except concealed plumbing that is underground or within the walls or doors) pipes, electrical wiring and conduits, heating and air conditioning system (when there is an air conditioning system). LESSEE shall, upon the expiration or sooner termination of this Lease, surrender the Building to LESSOR in good condition, broom clean, ordinary wear and tear only and damage from causes beyond the reasonable control of LESSEE excepted. Lessee shall not construct or install any signs on Any damage to adjacent premises caused by LESSEE's use of the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee Building shall be and remain the property and responsibility of Lessee, and Lessee shall cause to be removed from said Premises any and all signs so placed repaired at the termination sole cost and expense of this Agreement so that LESSEE, unless otherwise covered by applicable insurance. Damage to the Premises will be in the same condition as before said signs were placed thereon. All signs Building or to adjacent premises caused by LESSOR, its agents, servants, invitees or employees, shall be approved repaired at the sole cost and expense of LESSOR, unless otherwise covered by Lessor prior to placement on applicable insurance. 2. Notwithstanding the Premises. Lessee provisions of Clause Seventh (1) above, LESSOR shall be responsible for keeping repair and maintain the paved parking area structural portions of the Premises clean Building, including, but not limited to, the exterior walls, roof (including leaks) underground and free of debris. Lessee shall also be responsible for concealed plumbing, power distribution connections and telecommunications infrastructure, unless such maintenance and repairs are caused in part or in whole by the painting and maintenance act, neglect, fault or omission of any parking stripes that may be placed on said parking surfaceduty by LESSEE, its agents, servants, employees, invitees, or any damage caused by breaking and for entering, in which case LESSEE shall pay to LESSOR the upkeep actual cost of the grass on the Premises. Lessee shall keep the entire Premises free for debris.such maintenance and

Appears in 1 contract

Sources: Shelter Agreement (NxStage Medical, Inc.)

Maintenance. Lessee(i) So long as Lessor has not committed a breach of its covenant of quiet enjoyment which shall have the effect of depriving Lessee of the use or possession of the Engine during the Lease Term and until the Engine is returned to Lessor, Lessee shall, at its sole cost and expense, shall maintain service, inspect, test, maintain, overhaul and ----------- keep in good repair the Engine and all portions of the PremisesParts in accordance with the Lessee's FAA approved airworthiness maintenance and inspection program, including without limitation a copy of which has been or will be delivered to Lessor on or prior to the roofCommencement Date (the "Maintenance Program") and in conformity with the rules and regulations of the FAA, foundation (A) so as to keep the Engine in as good condition (operating and otherwise) and repair as when delivered to Lessee hereunder, ordinary wear and tear excepted and otherwise so as not to adversely effect the concrete walkways airworthiness thereof, and parking surface areas thereof(B) in the same manner and with the same care as used by Lessee with respect to similar engines owned or operated by Lessee (it being the intention of the parties hereto that Lessee shall not discriminate against the Engine in respect of any maintenance matters). In additionLessee shall be authorized to amend its Maintenance Program; provided, Lesseehowever, that not withstanding such amendment, the Maintenance Program shall, at its sole cost all times during the Term, be in full conformity with the requirements set forth above and, further provided, that Lessee shall have obtained Lessor's prior written consent to any material amendment or change in or to the Maintenance Program. All service, inspection, maintenance, modification, repair and expense, overhaul shall maintain be performed or caused to be performed by Lessee in accordance with all portions of applicable FAA requirements and under the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kindMaintenance Program, and shall be responsible accomplished in accordance with all applicable service, inspection, maintenance, modification, repair and overhaul manuals and bulletins published by the Manufacturer. Without limiting the generality of the foregoing or the obligations of Lessee hereunder, Lessee agrees that such maintenance and repairs will include but will not be limited to each of the following: (A) to perform in accordance with the Maintenance Program all routine and non-routine maintenance work; (B) to comply on a terminating basis with all outstanding mandatory orders, and airworthiness directives issued by the FAA during the Lease Term affecting the Engine that have an effective date for compliance prior to, or sooner than one hundred (180) days after, the return date of the Engine; (C) to incorporate in the Engine all glass frames that may mandatory service bulletins of the Manufacturer and other vendors issued during the Lease Term which Lessee schedules to incorporate during the Lease Term on engines in its Boeing 737 fleet; and (D) to maintain, in the English language (1) the Engine Documentation and (2) any other records, logs or other documents, information or materials relating to the service, inspection, testing, maintenance, modification, overhaul and repair of the Engine, any Engine and any Part which are required by the FAA or by applicable law, all of which shall at all times be broken or damaged. kept current and up-to-date, shall conform with the laws of any Government Entity having jurisdiction and with normal practices of commercial air carriers, shall disclose the location of the Engine and shall be made available for review by Lessor on reasonable notice. (ii) Lessee shall also be responsible for have designated persons in its employment authorized by the repairFAA to perform service, maintenance inspection, modifications repair and replacement alterations of the heating Engine, or shall have the same performed on its behalf by an FAA approved repair and air conditioning system overhaul station in said Premisesconformity with FAR 145 ("Approved Repair Facility"). In the event Lessee further agrees to replace the whole has a third party accomplish, on a continuous basis, some or any portion all of the sewerage and sanitary fixtures should maintenance requirements under the need arise, at its sole cost and expense. Upon expiration or termination Maintenance Program such maintenance by said third party must be accomplished in accordance with the provisions of this Agreement, Lessee shall redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only exceptedSection 6(a). Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee Lessor shall be and remain the property and responsibility of Lessee, entitled and Lessee shall cause ensure that Lessor is permitted to be removed from said Premises visit the facilities of any such third party maintenance performer to inspect the maintenance work performed and all signs so placed at the termination maintenance record of this Agreement so the Engine. (iii) Any repair to the Engine that is not covered by the Premises will be in the same condition as before said signs were placed thereon. All signs Manufacturer's repair manual instructions shall be approved by Lessor subject to Lessor's prior to placement on the Premises. Lessee written approval and 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 for debrismade under an FAA approved program.

Appears in 1 contract

Sources: Engine Lease Agreement (Western Pacific Airlines Inc /De/)

Maintenance. Lessee(a) The Tenant shall keep the leased Premises in a neat, at its sole cost and expense, shall maintain and ----------- keep in good repair all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kindclean, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance sanitary condition and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition order and repair as at the commencement of the term of this AgreementLease, reasonable wear and tear only excepted. Lessee Tenant shall not construct do anything to cause the leased Premises or install the activities therein to violate any signs on municipal, county, state, or federal law, ordinance, or requirement, including, but not limited to any Maine Department of Environmental Protection regulations, and shall promptly act upon any direction of any officer of competent authority. The Tenant shall permit no waste with regard to the leased Premises. Tenant shall make no permanent improvements to the leased Premises without the prior written consent approval of LessorLandlord which approval shall not be unreasonably withheld or delayed. Any such signs placed on the Premises permanent improvements approved by Lessee Landlord shall be and remain become the property and responsibility of Lessee, and Lessee shall cause to be removed from said Premises any and all signs so placed at the Landlord upon termination of this Agreement 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 be for the immediate use and benefit of Landlord so that the Premises will be in the same condition as before said signs were placed thereon. All signs no mechanic's or other lien shall be approved allowed against the estate of Landlord by Lessor prior reason of any consent given by Landlord to placement on Tenant to improve the Premises. Lessee Tenant shall pay promptly all persons furnishing labor or materials performed or furnished, 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 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 building which shall be defined to include without limitation, exterior walls, foundation, floors, roof, and exterior glass in good order and repair, provided, however, that any such 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 Tenant shall pay all costs therefore. Tenant will be responsible for keeping the paved parking area 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 clean premises necessitated by use by the Tenant, its employees, customers, or clients, except as it relates to common areas which shall be protected and free of debrismaintained with reasonable efforts at Landlord's expense. Lessee This determination shall also be responsible for at the painting and maintenance of any parking stripes that may be placed on said parking surface, and for the upkeep sole discretion of the grass on the Premises. Lessee shall keep the entire Premises free for debrisLandlord.

Appears in 1 contract

Sources: Lease Agreement (Access Integrated Technologies Inc)

Maintenance. LesseeTenant shall, at its sole cost during the term of this Lease, keep said Premises and expenseappurtenances (including all appliances and facilities, shall maintain doors and ----------- keep in good repair all portions of the Premisesdoorways, including without limitation the roofwindows, foundation and the concrete walkways and parking surface areas thereof. In additionwindow frames, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kindplate glass, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system system) in good order and condition and will make or pay for its proportionate share of all necessary repairs thereto, and further, with respect to the heating and air conditioning system, while Landlord will make available to Tenant any warranties with respect to said Premises. Lessee further agrees to replace equipment which Landlord receives, Tenant will be responsible at the whole or any portion expiration of the sewerage warranty period, if any, for maintaining a maintenance contract on said equipment with a heating/air conditioning contractor acceptable to Landlord. While Tenant is responsible for keeping its Premises in good order and sanitary fixtures should repair, Landlord specifically agrees that it will make any necessary repairs to the exterior walls of the building of which the Premises are a part and to the roof of said building, and further, that Landlord will maintain the plumbing and electrical systems serving said building to the point of entry into the Premises, after being notified of the need arisefor such repairs by Tenant, and provided that none of the required repairs have been caused by the negligent act or omission of Tenant, its employees or agents. Landlord may enter the Tenant's Premises at its sole cost and expense. Upon expiration all reasonable times to make repairs required hereunder, or termination of this Agreement, Lessee shall redeliver possession of to inspect the Premises in as good condition as order to ascertain that Tenant is carrying out its obligations with respect to maintenance/repair. Tenant will also not obstruct any walkways made available to it. The Tenant will, at the commencement expiration of the term or at the sooner termination thereof by any forfeiture or otherwise, deliver up the Premises in the same good order and condition as they were at the beginning of this Agreementthe tenancy, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debris.

Appears in 1 contract

Sources: Lease Agreement (Avesis Inc)

Maintenance. LesseeTenant shall maintain, at its sole cost and expensemake all repairs, shall alterations and replacements (including, without limitation, all ordinary, extraordinary, foreseen and unforeseen repairs, alterations and replacements) necessary to operate and maintain and ----------- keep the entire Premises in good condition and repair and in compliance with all portions of applicable laws, ordinances, rules and regulations and any recorded covenants, conditions or restrictions relating to the Premises, including without limitation and shall surrender the roofPremises when required by this Lease in good condition, foundation reasonable use and wear excepted. Landlord and Tenant hereby acknowledge and agree that Tenant, as tenant under this Lease and as tenant under the concrete walkways and parking surface areas thereof. In additionnew A/R Hospital Lease, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repairmaintenance, maintenance repair and replacement of the heating Common Areas on the Property and air conditioning system shall coordinate such responsibilities for the Term of this Lease. Additionally, Landlord and Tenant hereby acknowledge receipt of that certain Property Condition Report prepared by ▇▇▇▇▇ Management Services Corporation, dated August 19, 2013 (the “Property Condition Report”). Landlord and Tenant shall review on an annual basis the “Deferred Maintenance Items” set forth in said Premisesthe Property Condition Report and shall reasonably and mutually agree upon those Deferred Maintenance Items that Tenant shall perform and the times upon which Tenant shall complete such Deferred Maintenance Items. Lessee further agrees In the event that Tenant fails to replace complete such agreed upon Deferred Maintenance Items within the whole or any portion agreed upon times, then, upon thirty (30) days written notice to Tenant, Landlord may perform such agreed upon Deferred Maintenance Items and all costs so incurred by Landlord shall be paid by Tenant as Additional Rent utilizing a capitalization rate of ten percent (10%) over the remaining Term 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrisLease.

Appears in 1 contract

Sources: Master Lease (Graymark Healthcare, Inc.)

Maintenance. Lessee, at its sole cost and expense, shall maintain and ----------- keep in good repair all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and The Staff shall be responsible for all glass frames that the ordinary upkeep, maintenance of and or minor repairs on the leased premises, and shall moreover keep the said premises in clean and sanitary condition. The maintenance, servicing and or replacements of common electrical light fixtures which Lessor may be broken or damaged. have originally furnished to Lessee shall also be responsible for undertaken by the repair, maintenance Lessee at the Lessor’s expense to insure safety and replacement of the heating and air conditioning system in said Premises. 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 expensefunctionality. Upon expiration or termination of this AgreementLease, Lessee these electrical fixtures shall redeliver possession of the Premises be turned over to Lessor in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only exceptedcondition. Lessee shall not construct or install any signs on the Premises without Except with the prior written consent of the Lessor. Any such signs placed , the Lessee shall not drive nails, screws, hooks, connect, install, run wires, tubes or other abutments on the Premises walls, frames or other portions of the Building nor in any manner deface or damage any part of the premises of the Building. Failure of the lessee to obtain the prior consent of the Lessor shall entitle the Lessor to remove the same at Lessee’s expense and/or charge the Lessee for the amount of the damage or injury done or caused by the Lessee or terminate this lease. The Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 not bring into or store in the same condition as before said signs were placed thereon. All signs leased premises anything of a highly inflammable nature or explosive materials nor install therein any cooking and/or other apparatus, machinery or equipment which may cause obnoxious odors, tremors or noise, or expose the leased premises to fire or increase the fire hazard of the building or change the insurance rate of the Building, or any other article which the Lessor may reasonably prohibit, it being understood that should the Lessee do so, the latter shall be approved by Lessor prior to placement on the Premises. Lessee shall not only be responsible for keeping all damages which such violation may cause and Lessor and/or its other tenants but, in addition thereto, the paved parking area Lessor shall have the right to cancel this contract. If the Lessee shall use the leased premises or the Building in such a manner or deposit therein any such matter as to result in any increase in the rate of the Premises clean and free insurance payable by the Lessor, the increase shall be for the account of debrisLessee. The Lessee shall also be responsible for provide itself, at his/her/its own cost and expense, with trash cans which the painting city ordinance require to hold and maintenance of any parking stripes that contain waste matter, garbage and refuse and shall deposit them within its own premises or at such places as may be placed on said parking surfacedesignated by the Building. The sidewalk, entries, corridors, stairways and passageways in the Building shall not be obstructed or used by the Lessee for any purpose other than for ingress to and egress from the upkeep leased premises. The Lessee shall not encroach upon the same and shall observe at all times the borderline limits of the grass on the Premises. Lessee shall keep the entire Premises free for debrisleased premises.

Appears in 1 contract

Sources: Staff Housing Agreement

Maintenance. 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 any of these structural systems have been altered or modified by Lessee. In the event, of the occurrence of any such defect during the warranty period and upon receipt of written notice from Lessee, at its sole cost Lessor shall promptly commence and expensediligently prosecute to completion such repairs as are necessary to correct such defect. Except for the aforegoing Lessor warranties, Lessee shall maintain and ----------- keep in good repair all portions of preserve the Demised Premises, including without limitation the roofincluding, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbingthe interior and exterior of the Building thereon in good and clean condition making all repairs, electricalreplacements and restorations necessary for such maintenance and preservation: including, pipingwithout limitation, fixturestuckpointing, equipmentpainting, painting or decorating of any kindglass replacement, glazing, caulking and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance replacement and replacement restoration of the heating roof covering, docks, landscaping and, parking areas. All repairs, replacements and air conditioning system restorations shall be in said Premisesquality at least equal to the original construction. Notwithstanding anything herein to the contrary, on or before each anniversary date of this Lease or extension thereof, Lessee further agrees shall deliver to replace Lessor written evidence satisfactory to Lessor that the whole or any portion roof of the sewerage building on the Demised Premises has been serviced by a roofing contractor licensed by the State of Arizona and sanitary fixtures should satisfactory to Lessor. At the need arise, at its sole cost and expense. Upon expiration or termination of this AgreementLease, by lapse of time or otherwise, Lessee shall redeliver possession of deliver the Demised Premises to the Lessor in as good condition and repair as obtained therein at the commencement of the term of this AgreementLease subject, reasonable however, to the loss or damage due to any casualty to the extent actually recovered by Lessor under insurance policies to be obtained and maintained by Lessee as herein set forth and normal wear and tear only exceptedtear. Anything herein to the contrary, notwithstanding, Lessee shall will not construct or install suffer any signs waste t@-occur on the Demised Premises and will make every reasonable effort to prevent the Demised Premises from falling into disrepair; including, without limitation, the prior written consent prompt performance of Lessor. Any such signs placed on the Premises by all repair, replacement and restoration obligations of Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrisherein set forth.

Appears in 1 contract

Sources: Lease Agreement (Park Electrochemical Corp)

Maintenance. (a) The following facilities (but not limited to) shall be provided by the Lessor as part of the 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 sole cost expense at all entry and expense, shall maintain and ----------- keep in good repair all portions exit points of the PremisesOffice Space. (ii) Housekeeping shall be carried out and limited to common areas (Lobbies, including without limitation Fire Escape Stairs, Internal Staircases, Parking, Roads, Pathways, Courtyard, fountains & landscape gardens). The Lessee shall carry out housekeeping inside the roof, foundation Office Space. (iii) General Pest and rodent Control measures shall be carried out in the concrete walkways common areas and parking surface areas thereofaround the Buildings. In addition, Lessee, at its sole cost Lessee shall arrange for carrying out General Pest and expense, shall maintain all portions rodent control activities inside the Office Space. (iv) Civil Maintenance of the interior of the Premisesstructures, including without limitationroads and pathways shall be carried out from time to time or as and, plumbingwhen required to maintain them for regular use. Such maintenance shall normally include waterproofing, electricalpainting, pipingplastering, fixturesflooring, equipment, painting or decorating of any kind, and plumbing etc. The Lessor shall not be responsible for all glass frames that may any damages caused to structure by the Lessee. Such damages shall be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as rectified at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility cost of Lessee, and Lessee shall cause to be removed from said Premises any included as Reimbursements. (v) Maintenance of all the Equipment provided by the Lessor as part of facilities and all signs so placed amenities in the Rent. This includes preventive maintenance, routine maintenance, annual maintenance, spares etc. The Lessor will ensure minimum breakdown of the equipment and restore the services at the termination earliest. (vi) Regular maintenance in respect of this Agreement so that electrical installations provided by the Premises will be Lessor as part of facilities and amenities in the same condition as before said signs were placed thereonRent. All signs shall be approved by Lessor prior to placement on the PremisesThe work generally includes replacement of electrical consumables, replacement of light fittings and consumables etc. The Lessee shall be is 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 for debrishis demised premises.

Appears in 1 contract

Sources: Lease Deed (Kanbay International Inc)

Maintenance. LesseeNotwithstanding anything to the contrary contained in the Lease, at its sole cost and expense, shall maintain and ----------- keep in good repair all portions as of the Premisesdate of this Fourth Amendment, including without limitation the roof, foundation maintenance and repair obligations for the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and Premises shall be responsible for all glass frames that may allocated between Landlord and Tenant as set forth on Exhibit B attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit B (the “Tenant Maintenance Obligations”) shall be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. Lessee further agrees to replace the whole or any portion of the sewerage and sanitary fixtures should the need arise, performed by Tenant at its Tenant’s sole cost and expense. Upon expiration 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 termination obligation on the part of this AgreementTenant to make any structural and/or capital repairs or improvements to the Premises, Lessee shall redeliver possession and Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in Section 13 of the Lease, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises in for which Tenant is responsible as good condition as at the commencement part of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. Lessee shall be responsible for keeping the paved parking area requirements of the Premises clean and free of debris. Lessee Lease, Landlord shall also be responsible for have the painting and maintenance of any parking stripes that may be placed on said parking surfaceright, and for but not the upkeep of the grass on the Premises. Lessee shall keep the entire Premises free for debris.obligation, to provide Tenant with written

Appears in 1 contract

Sources: Lease Agreement (Tandem Diabetes Care Inc)

Maintenance. LesseeREPAIRS, REPLACEMENTS, ADDITIONS, ALTERATIONS, INSTALLATIONS 15.1 The Tenant shall, at its own 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 time, with reasonable notice, to enter and examine the state of repair, maintenance, and order of 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 the Landlord to give such notice shall not, however, relieve the Tenant from its obligations under section 14. 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 have the right, but not the obligation, to elect, at its sole cost and expensediscretion, shall maintain and ----------- keep in good repair all portions of to cause the Premisesrepairs, including without limitation the roofmaintenance, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kindreplacements 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 responsible for all glass frames that may be broken undertaken, and to charge the Tenant thereof acting reasonably. 15.3 The Tenant shall not make additions, installations, alterations, improvements, changes or damaged. Lessee shall also be responsible for additions to the repair, maintenance and replacement of the heating and air conditioning system in said Premises. Lessee further agrees to replace the whole Premises or any portion of part thereof (collectively the sewerage and sanitary fixtures should the need arise, at its sole cost and expense. Upon expiration or termination of this Agreement, Lessee shall redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises "Improvements") without the prior written consent of Lessorthe Landlord, which shall not be unreasonably withheld. Any As a condition precedent to obtaining the Landlord'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 signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debris.contractor is adequately insured against risks which a prudent contractor would normally insure against;

Appears in 1 contract

Sources: Lease (Total Entertainment Inc)

Maintenance. Lessee9.1.1. Except only for maintenance and repairs to be performed or made by Landlord as expressly 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 sole cost or expense, 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 necessary repairs (or replacement) to the roof, foundations, exterior walls and structural 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, except for repairs and maintenance made necessary by any act or negligence or default of Tenant or Tenant's Agents, in which case such repairs and maintenance (and/or replacement) shall be made by Tenant at its sole cost and expense, or Landlord may cause such repairs to be made and the cost of same shall maintain be paid by Tenant, as additional rent, promptly upon demand therefor. The Common Facilities shall be subject to the exclusive control and ----------- keep management of the Landlord who shall have the right, without limitation, and in good repair all portions addition to the previous provisions hereof: to police the same; to change the area, level, location and arrangement of Common Facilities, provided same does not impair Tenant's reasonable use of the Premises, including without limitation ; to close all or any portion of said areas or facilities to such extent as may be legally sufficient to prevent a dedication thereof or the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating accrual of any kind, right to any person or the public therein; and shall be responsible for to close temporarily all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. Lessee further agrees to replace the whole or any portion of the sewerage parking areas (if any) to discourage noncustomer parking and sanitary fixtures should for the need arisereasonable 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, at its sole cost and expense. Upon expiration or termination of this Agreement, Lessee shall redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee Landlord shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. Lessee shall be responsible for keeping any maintenance or repairs to the paved parking area Premises, the Building or the Property. 9.1.5. All costs incurred by Landlord in performing its obligations under this Section 9.1 shall be included as a part of the Premises clean Operating Costs, except for Structural Repairs, the costs of which shall be borne by Landlord and free of debris. Lessee shall also not be responsible for the painting and maintenance of any parking stripes that may be placed on said parking surface, and for the upkeep included as part of the grass on the Premises. Lessee shall keep the entire Premises free for debrisOperating Costs.

Appears in 1 contract

Sources: Lease Agreement (Maxwell Shoe Co Inc)

Maintenance. Lessee shall have sole responsibility for maintenance of the Premises. All personal property, including buildings and structures, on the Premises, shall be at the risk of Lessee. Lessee shall keep and maintain the Premises and all improvements thereon, in good and substantial repair and condition, including the exterior thereof, and shall make all necessary repairs and alterations thereto. Lessee shall provide proper containers for trash and garbage and shall keep the Premises free and clear of rubbish, debris, litter and weeds. In the event that Lessor determines that ▇▇▇▇▇▇ has failed to comply with the terms of this Section, Lessor may, but shall have no obligation to, take such action as is required by this Section, and charge Lessee the actual cost incurred to comply with this Section or a reasonable fee for the services. Snow removal on the Premises is the sole responsibility of Lessee. Snow removal may be performed by ▇▇▇▇▇▇ as a courtesy to Lessee on a fee or non-fee basis unless Lessee instructs Lessor in writing that ▇▇▇▇▇▇ does not desire to have Lessor remove snow. Lessor may cease to provide snow removal to Lessee or snow removal may not be provided on a particular occasion at its Lessor’s sole discretion. Lessee shall not permit parking on the Premises unless the parking areas have been excavated to the proper subgrade and backfilled with an amount of gravel as specified by Lessor. Lessee shall keep the Premises in good maintenance and repair, and shall repair at Lessee’s sole cost and expense, shall maintain and ----------- keep in good repair all portions of the Premisesproperty, including without limitation the roofground, foundation and the concrete walkways and parking surface areas thereof. In additionrunways, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kindtaxiways, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee shall cause to be removed from said Premises any and all signs so placed at the termination of this Agreement so property belonging to Lessor that the Premises will be is damaged or altered by Lessee in the same condition as before said signs were placed thereon. All signs shall be approved by Lessor prior to placement maintaining or operating on the Premises. Lessee shall also have sole responsibility for the maintenance of the access apron adjacent to the Premises, if any, that provides the Premises with access to airport taxiways. Lessee shall be responsible liable for keeping any claim, liability, loss, or damage arising by reason of the paved parking area injury to or death of any person or persons or by reason of damage to any property, caused by the condition of the access apron, or the acts or omissions of Lessee, its agents, invitees, licensees, subtenants, assignees, occupants and users of the Premises clean and free or any person in or on the access apron with the express or implied consent of debristhe Lessee. Lessee shall also be responsible indemnify and hold the Lessor harmless from all such liability. In the event that ▇▇▇▇▇▇’s personal property is damaged by ▇▇▇▇▇▇’s equipment or personnel, ▇▇▇▇▇▇ agrees to reimburse Lessee reasonable repair or replacement costs 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 for debrissuch damages incurred.

Appears in 1 contract

Sources: Airport Ground Lease Agreement

Maintenance. Lessee, at its sole cost and expense, (i) Landlord shall maintain all Common Areas in first class condition, repair and ----------- cleanliness, including ice and snow removal, and sidewalk steam cleaning and shall keep the Common Areas free of any impediments and open for easy and safe movement within the Common Areas. Landlord shall keep the Common Areas well lighted until one hour after Tenant’s latest closing time and thereafter to maintain security lighting in good repair the Common Areas, and otherwise keep such Common Areas safe and secure. Without limiting the foregoing, Landlord shall cause all portions snow and ice to be removed from the sidewalks in front of the Premises, including without limitation the roof, foundation and pedestrian pathways from the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of to the Premises, all parking for the building (including, but not limited to, the parking reserved for Tenant’s use), the vehicular and pedestrian entrances to and from the Building, and the drive-through lanes, as soon as practicable. (ii) Tenant shall pay as additional rent its Proportionate Share of the reasonable costs incurred by Landlord in maintaining the Common Areas (the “Maintenance Costs”), but in no event shall Tenant be responsible for: (A) interest on and amortization of debt, (B) Deleted; (C) wages or salaries of employees over the rank of property or building manager, and (D) legal fees in connection with the structure or ownership of Landlord or operation of Landlord as a limited partnership or relating to leasing and disputes with tenants or based upon Landlord’s negligence or willful misconduct or relating to Landlord’s defense its title to, or interest in, the Premises; (E) leasing commissions, marketing costs, disbursements, and other expenses incurred for leasing, renovating, or improving space for tenants; (F) costs of a capital nature including without limitationcapital improvements, plumbingcapital replacements, electricalcapital repairs, piping, fixtures, capital equipment, painting and capital tools, as determined under generally accepted accounting principles consistently applied; (G) any items to the extent reimbursed by tenants or decorating users to Landlord; (H) overhead and profit paid to subsidiaries or affiliates of any kindLandlord for management or other services on or to the Property or for supplies or other materials, and shall be responsible for all glass frames to the extent that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement costs of the heating services, supplies, or materials exceed the competitive costs of the services, supplies, or materials were they not provided by a subsidiary or affiliate; (I) rentals and other related expenses incurred in leasing air conditioning system in said Premises. Lessee further agrees systems, elevators, or other equipment ordinarily considered to replace the whole be of a capital nature; (J) items and services that Landlord provides selectively to one or any portion more tenants or users of the sewerage Building other than Tenant without reimbursement; (K) advertising and sanitary fixtures should promotional expenditures; (L) repairs or other work needed because of eminent domain, fire, windstorm, or other casualty or cause insured against by Landlord or to the need ariseextent Landlord’s insurance (as required above) would have provided insurance, at its sole cost and expense. Upon expiration whichever is the greater coverage; (M) costs incurred to remedy structural or termination of this Agreementother defects in original construction materials or installations; (N) any costs, Lessee shall redeliver possession of fines, or penalties incurred because Landlord violated any governmental rule or authority; (O) costs incurred to test, survey, cleanup, contain, a▇▇▇▇, remove, or otherwise remedy hazardous wastes or asbestos-containing materials; (P) repaving the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall parking lot; (Q) other expenses that under generally accepted accounting principles consistently applied would not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 considered normal 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 for debrisexpenses.

Appears in 1 contract

Sources: Lease Agreement (First Chester County Corp)

Maintenance. LesseeThe provisions of Section 10B of the Lease to the contrary notwithstanding, at its sole cost and expense, Sublessor shall maintain in effect the HVAC service contract and ----------- keep shall make any repairs required in good connection therewith, Sublessee shall pay to Sublessor Sublessee's Prorata Share of any costs arising in connection with the maintenance or repair all portions of the Premises, including without limitation HVAC within fifteen (15) days following receipt of written demand for payment from Sublessor. The reference to Landlord in the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions last paragraph of Section 10B of the interior Lease shall refer to "Lessor". The provisions of the PremisesLease to the contrary notwithstanding, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee (a) Sublessee shall not construct make any alterations, additions, or install any signs on modifications to the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of LesseeSublessor, and Lessee (b) Except as expressly agreed in this Sublease, Sublessor shall cause have no obligation to be removed from said Premises repair or replace all or 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 prior to placement on the Premises. Lessee shall be responsible for keeping the paved parking area part of the Premises clean and free of debrisit being understood by the parties that such obligations are Lessors under the Lease or Sublessee's under this Sublease. Lessee In the event Lessor fails to maintain, repair or otherwise provide those services required to be performed by Lessor under the Lease with respect to the Premises, Sublessor, following written notice by Sublessee, shall also be responsible for request such performance by Less▇▇. In the painting and maintenance of event Sublessor incurs any parking stripes that may be placed on said parking surface, and for costs in connection with the upkeep replacement of the grass on HVAC as provided in Section 10C of the Premises. Lessee Lease, Sublessee shall keep pay to Sublessor within thirty (30) days after receipt of billing, as Additional Rent, its Prorata Share of a portion of the entire Premises free for debris.cost of the HVAC replacement, which portion shall be calculated by multiplying such replacement cost by a percentage expressed as a fraction the numerator of shall be the number of calendar months remaining in the Sublease Term at the time of replacement of the HVAC and the denominator shall be the number of calendar months in the useful life to the HVAC

Appears in 1 contract

Sources: Consent of Landlord to Proposed Sublease (Ag Associates Inc)

Maintenance. LesseeSubject to the Mortgagor's rights of alteration pursuant to Section 3 hereof, at its sole cost and expense, shall the Mortgagor will maintain and ----------- operate the Sands and the hotel that is the subject of the Madison House Lease at a quality level at least as high as that existing on the date hereof and keep the Mortgaged Property in good condition and repair all portions (subject to ordinary wear and tear), will not commit or suffer any waste of the PremisesMortgaged Property and will comply with, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee shall cause to be removed from said 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 behalf and on behalf of the Holders). Subject to the provisions of Section 9.3 hereof, the Mortgagor will promptly repair, restore, replace or rebuild any and all signs so placed at part of the termination Mortgaged Premises now or hereafter subject to the Lien of this Agreement so Mortgage which may be damaged or destroyed by any casualty whatsoever, free from Liens and encumbrances, except the Lien of this Mortgage and the other Security Documents and the encumbrances permitted by Section 1014 of the Indenture, without regard to the adequacy of any insurance proceeds, provided that the Premises insurance proceeds are made available to the Mortgagor pursuant to Section 9 of this Mortgage. The Mortgagor will be in the same condition as before said signs were placed thereon. All signs shall be approved by Lessor prior to placement on the Premises. Lessee shall be responsible for keeping the paved parking area of the Premises clean and free of debris. Lessee shall also be responsible do all other things reasonably required for the painting maintenance and maintenance continuance of any parking stripes that may be placed on said parking surface, and for all such services in respect of Impositions to the upkeep of extent required to fulfill the grass on the Premises. Lessee shall keep the entire Premises free for debrisobligations set forth in this Section 8.

Appears in 1 contract

Sources: Mortgage, Fixture Filing and Security Agreement (Atlantic Coast Entertainment Holdings Inc)

Maintenance. LesseeA. Tenant shall, at its sole cost and Tenant's expense, repair and maintain the mechanical, electrical, plumbing, heating and ventilating systems serving the Premises (hereinafter the "Mechanical Systems") {***}. Notwithstanding the above, Tenant shall maintain be liable for all expenses, repairs and ----------- keep maintenance of the Mechanical Systems which are occasioned by its negligence, abuse or misuse of same. Landlord represents that all of the mechanical, electrical, plumbing, heating and ventilating systems are in good operating condition on the date of beneficial occupancy. B. Subject to the terms of Clause A above, Tenant shall maintain, repair all portions and replace as necessary, and take good care of the Premises, Premises (including without limitation the roofall windows, foundation doors, signage, light fixtures, ballasts, and the concrete walkways bulbs) and parking surface areas thereof. In addition, LesseeTenant's Property. C. Landlord shall, at its sole cost and Landlord's expense, repair and maintain the Premises structure and shall maintain all portions also comply with the other terms of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting this Article 11. D. Tenant shall promptly respond to and clean up any release or decorating threatened release of any kindhazardous or contaminating substances into the premises, the sanitary sewers, stormwater drainage systems, floors, soils, groundwater or atmosphere, arising as a result of Tenant's activities in the Premises in a safe manner in accordance with all applicable laws and as authorized or directed by any federal, state, local and/or Authority agencies having authority to regulate the permitting, handling, and clean up of such substances. E. Tenant shall be responsible for the proper removal and disposal of all glass frames regulated substances as defined by State and Federal Regulation (which ever is applicable) generated by the Tenant as result of Tenant's activities on the Premises. Such removal and disposal shall include, but not be limited to, the Tenant manifesting such regulated substances under the Tenant's assigned Environmental Protection Agency Identification Number and ensuring that may removal of such hazardous materials from the Premises and Landlord's Leasehold is accomplished in accordance with Authority, local, state and federal guidelines. Additionally, environmental contamination which impacts the Premises as a result of Tenant's improper storage, handling, or leakage of any Tenant's stored regulated substances on the Premises, shall be broken or damagedthe sole responsibility of Tenant. Lessee Tenant shall also be responsible for the repairproper removal of all regulated substances used on the Premises by Tenant following the termination of this Agreement. Tenant shall indemnify and save harmless Landlord, maintenance The Authority and replacement the Premises from and against any and all environmental claims, liabilities, damages or losses, including but not limited to any penalty or fine imposed by any governmental agency and the expense of cleaning up or disposing of any such hazardous waste or materials, but only when such claims, liabilities, etc. stem from the Tenant's use and occupancy of the heating Property after the Commencement Date. Tenant shall have no responsibility for any retroactive claims and air conditioning system liabilities and/or latent claims or liability including any type of environmental claims which preceded or followed Tenant's occupancy. F. Tenant shall give Landlord prompt written notice of any damage to or defective condition in said any part or appurtenance of the Premises. Lessee further agrees . G. Except as provided herein, Landlord shall have no liability to replace Tenant nor shall Tenant's covenants and obligations under this Sub-Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Sub-Lease, the whole Master Lease or required by law to make in or to any portion of the sewerage and sanitary fixtures should Premises, provided such repairs or changes are made at a time when the need arise, at Premises are not being utilized for work by the Tenant or are otherwise made in a manner which does not interfere with Tenant's use of the Premises. Landlord shall nevertheless use its sole cost and expense. Upon expiration or termination of best efforts to minimize any interference with Tenant's business in the Premises. H. Notwithstanding anything to the contrary contained in this Agreement, Lessee Tenant shall redeliver possession have no responsibility or obligation or be required to indemnify the Landlord for any maintenance obligation where such obligation is not caused by Tenant's use and occupancy of the Premises in or where the obligation is caused by other parties such as good condition as at the commencement other tenants of the term of this AgreementLandlord or the Landlord, reasonable wear and tear only excepted. Lessee shall not construct its agents, employees or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrisguests.

Appears in 1 contract

Sources: Sublease Agreement (Midway Airlines Corp)

Maintenance. LesseeLESSEE acknowledges it has inspected the Leased Premises and agrees to maintain, at its sole cost and expense, shall the grounds and all equipment and improvements on the Leased Premises1 and to promptly make any and all repairs or replacements as necessary. LESSEE also agrees to maintain the Leased Premises and ----------- keep its improvements and equipment in good operating order and in a neat, orderly and presentable condition consistent with good business practices. This obligation to repair includes the obligation to make all portions repairs to the Hangar (including the roof and exterior structures of the Premises, Hangar) and 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 without limitation the roof, foundation interior and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixturesexterior utility lines, equipment, painting fixtures and connections owned or decorating of any kind, and shall be responsible installed by or for all glass frames that may be broken or damagedLESSEE. Lessee LESSEE shall also be responsible for snow removal in or on the Leased Premises. In the event the United States of 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 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 be required to pay duplicate charges. LESSOR shall not be liable for any damage either to person or property, whether sustained by LESSEE or by other persons, due to the Airport, any improvements thereon or any part thereof or any appurtenances thereof being out of repair, maintenance and replacement or due to any accident in or about the Airport, or due to any act or neglect of any tenant or occupant of the heating and air conditioning system in said Premises. Lessee further agrees to replace the whole Airport or any portion other person, or due to lack of snow or water removal at the Airport or any part thereof or in connection with the construction of any improvement by LESSOR or its contractors at the Airport. Without limiting the generality of the sewerage foregoing, 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. In addition to other rights and sanitary fixtures should remedies of LESSOR hereunder, if LESSOR discovers and reports any maintenance deficiency to LESSEE that LESSEE is responsible for as defined in the need ariseLease 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 maintenance, repairs or replacements, but will have no obligation to do so, and the cost thereof will be deemed additional rent and expensewill be paid by LESSEE to LESSOR no later than thirty (30) days after the date of invoice from LESSOR to LESSEE for such costs. Upon expiration or termination LESSEE will provide a complete and proper arrangement for the frequent and adequate sanitary handling and disposal, away from the Airport, of this Agreementall trash, Lessee shall redeliver possession garbage and other refuse caused as a result of the Premises in as good condition as at the commencement occupancy or use of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 thereonLeased Premises. All signs shall be approved maintenance, repairs, additions or other work of any kind or nature performed, constructed or installed by Lessor prior or on behalf of LESSEE in or upon the Leased Premises, will conform in all respects to placement on (a) all applicable federal, state and local statutes, ordinances and building codes, (b) all applicable rules and regulations promulgated by LESSOR including the Premises. Lessee shall be responsible for keeping SAA Rules and Regulations (c) the paved parking area of the Premises clean and free of debris. Lessee shall also be responsible SAA’s design standards, if any, for the painting and maintenance of any parking stripes that may be placed on said parking surfaceAirport, and for the upkeep of the grass on the Premises. Lessee shall keep the entire Premises free for debrisas promulgated by LESSOR from time to time.

Appears in 1 contract

Sources: Airport Lease Agreement

Maintenance. Lessee(a) Hayward Subaru hereby agrees that the Property shall be maintained in a neat and orderly condition to the extent practicable and in accordance with existing industry health and safety standards (as such standards may evolve, at its sole cost or otherwise be adjusted, during the Term), and expense, that the Improvements shall maintain and ----------- keep be well maintained in good repair and working order, and in a neat, clean and orderly condition. In accordance with the Disposition and Development Agreement, from time to time, Hayward Subaru shall make all portions of necessary and proper repairs to the Premises, including without limitation the roof, foundation Improvements and the concrete walkways and parking surface areas thereofProperty. In addition, Lessee, at its sole cost and expense, shall maintain all portions of To the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repairextent commercially reasonable, maintenance and replacement repairs to the Improvements and/or the Property shall be performed during times when Hayward Subaru is not obligated to operate the Improvements as set forth in Article 2 above. To the extent any repair or maintenance will require the Improvements to be out of operation, and unavailable during the heating and air conditioning system hours set forth in said Premises. Lessee further agrees to replace the whole or any portion of the sewerage and sanitary fixtures should the need ariseSection 2.2, at its sole cost and expense. Upon expiration or termination of this Agreementabove for more than two (2) business days, Lessee Hayward Subaru shall redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without first obtain the prior written consent of Lessorthe City, which shall not be unreasonably, withheld, delayed, or conditioned; provided, however, Hayward Subaru shall not be required to obtain the City's prior written consent in the event of an emergency or any repair necessary to prevent a threat to health and safety of the general public. In such event, Hayward Subaru shall deliver a written notice to the City within three (3) business days of such closure, setting forth, in reasonable detail, the reason(s) the Improvements, or any portion thereof, are not in operation, and the schedule for repair. (b) Hayward Subaru shall maintain the Improvements and the Property in accordance with the following standards ("Maintenance Standards") for the duration of the Term: (1) Landscape maintenance shall include, but not be limited to: drought resistant watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees; and to the extent possible free of all pesticides. (2) Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. (3) All maintenance work shall conform to all applicable federal and state Occupational Safety and Health Act standards and regulations for the performance of maintenance. (4) Any such signs placed on and all chemicals, unhealthful substances, and pesticides to the Premises by Lessee extent allowed under section (b)(2) above, used in and during maintenance shall be applied in strict accordance with all governing regulations. Precautionary measures shall be employed recognizing that all areas are open to public access. (5) The Improvements and remain the property Property shall be maintained in conformance and responsibility in compliance with the approved construction and architectural plans and design scheme, as the same may be amended from time to time with the approval of Lesseethe City, and Lessee reasonable commercial development maintenance standards for similar projects, including but not limited to: painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. (6) The Improvements and the Property shall cause be maintained as required by this Section 3.2 in good condition and in accordance with the custom and practice generally applicable to be removed from said Premises any and all signs so placed at the termination of this Agreement so that the Premises will be comparable automobile dealership facilities located in the same condition as before said signs were placed thereon. All signs shall be approved by Lessor prior to placement on the Premises. 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 for debrisSan Francisco Bay Area.

Appears in 1 contract

Sources: Disposition and Development Agreement

Maintenance. LesseeLandlord shall, as an 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 sole cost and expense, shall maintain perform all maintenance and ----------- keep in good repair all portions of repairs to the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kindPremises that are not Landlord’s express responsibility under this Lease, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of keep the Premises in as good condition as at the commencement of the term of this Agreementand repair, reasonable wear and tear only and damage from casualty excepted. Lessee If Tenant fails to make any 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 install pay for, any signs on repair, maintenance or improvement (i) to the Premises without to the prior written consent extent necessitated by the gross negligence or willful misconduct of Lessor. Any such signs placed on Landlord, its agents, employees or contractors; (ii) to the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. Lessee shall be responsible for keeping the paved parking area structural portions of the Premises clean (including the foundation, floors (other than floor coverings), walls (other than interior wall coverings), roof and free of debris. Lessee 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 also be responsible for performed by Landlord at Tenant’s cost); (iii) windows, mechanical and electrical systems, including, but not limited to, the painting HVAC, electrical and maintenance of any parking stripes that may be placed on said parking surface, and for the upkeep of the grass on plumbing systems servicing the Premises. Lessee , except to the extent that such repair is necessitated by Tenant’s gross negligence or willful misconduct (in which case such repair shall keep the entire Premises free for debrisbe performed by Landlord at Tenant’s cost).

Appears in 1 contract

Sources: Lease Agreement (Zendesk, Inc.)

Maintenance. Lessee, at its sole cost and expense, shall a. City will have no obligation to maintain and ----------- keep in good repair all portions the Land nor any of the Premisesimprovements located on the Land, including without limitation whatsoever. Girl Scouts shall repair and/or may construct improvements in, on or about the roofLand, foundation but, only, with the prior written approval of City. Girl Scouts has or will also light and landscape the concrete walkways Land, as it deems necessary and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kindappropriate, and shall keep and maintain the Land, the improvements located thereupon and the grounds thereof, in a first-class, substantial, clean, orderly, good, and presentable condition. Any and all improvements constructed by the Girl Scouts on the Land, for which the Girl Scouts has received prior written approval from the City, will be constructed in a first-class, substantial, good, and workmanlike manner, with the Girl Scouts being fully liable for any and all construction costs, of whatsoever kind and nature, arising therefrom, and fully saving, indemnifying and holding the City harmless on account thereof. Girl Scouts agree to be responsible for obtaining all glass frames that building permits, other permits, utility services and certificates of occupancy required in connection with the use and occupancy of the Land. City agrees to cooperate with the Girl Scouts to obtain such building permits, other permits, utility services and certificates of occupancy and agrees to execute such applications as may be broken required. b. Any trade fixtures, furniture, furnishings and unattached equipment installed in the Land by and at the expense of Girl Scouts will remain the property of Girl Scouts, except for: (1) permanent improvements located or damaged. Lessee shall also be responsible for emplaced thereon or therein, or (2) any trade fixtures, furniture, furnishings and unattached equipment installed in the repair, maintenance Land and replacement of Building and left by the heating and air conditioning system in said Premises. 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 Girl Scouts upon termination of this AgreementLease, Lessee shall redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreementfor any reason, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee whatsoever, which latter personal property shall be and remain considered abandoned by the property and responsibility of LesseeGirl Scouts. City agrees that Girl Scouts, if not in default beyond applicable cure periods, and Lessee shall cause prior to be removed from said Premises any and all signs so placed at the termination of this Agreement so that Lease, for any reason, whatsoever, will have the Premises will right, at any time, and from time to time, to remove any such trade fixtures, furniture, furnishings, and equipment which may be located in the same condition as before said signs were placed thereonLand, including, but not limited to, counters, shelving and other moveable machinery used in the operation of Girl Scouts’ community service organization, excluding, however, any permanent improvements located or emplaced thereon or therein, and repairing any damage to the Building or Land arising from such removal. All signs shall be approved by Lessor prior Girl Scouts will deliver the Land and Building back to placement on the Premises. Lessee shall be responsible for keeping the paved parking area City, upon termination of the Premises clean and free of debris. Lessee shall also be responsible within Lease for the painting and maintenance of any parking stripes that may be placed on said parking surfacereason, whatsoever, in a good, broomswept, clean, well maintained, and for the upkeep of the grass on the Premises. Lessee shall keep the entire Premises free for debrisfirst-class condition, normal wear and tear excepted.

Appears in 1 contract

Sources: Lease Agreement

Maintenance. Lessee▇▇▇▇▇▇ acknowledges it has inspected the Leased Premises and agrees to maintain, at its sole cost and expense, shall the grounds and all equipment and improvements on the Leased Premises1 and to promptly make any and all repairs or replacements as necessary. LESSEE also agrees to maintain the Leased Premises and ----------- keep its improvements and equipment in good operating order and in a neat, orderly and presentable condition consistent with good business practices. This obligation to repair includes the obligation to make all portions repairs to the Hangar (including the roof and exterior structures of the Premises, Hangar) and 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 without limitation the roof, foundation interior and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixturesexterior utility lines, equipment, painting fixtures and connections owned or decorating of any kind, and shall be responsible installed by or for all glass frames that may be broken or damagedLESSEE. Lessee ▇▇▇▇▇▇ shall also be responsible for snow removal in or on the Leased Premises. In the event the United States of 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 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 be required to pay duplicate charges. LESSOR shall not be liable for any damage either to person or property, whether sustained by ▇▇▇▇▇▇ or by other persons, due to the Airport, any improvements thereon or any part thereof or any appurtenances thereof being out of repair, maintenance and replacement or due to any accident in or about the Airport, or due to any act or neglect of any tenant or occupant of the heating and air conditioning system in said Premises. Lessee further agrees to replace the whole Airport or any portion other person, or due to lack of snow or water removal at the Airport or any part thereof or in connection with the construction of any improvement by LESSOR or its contractors at the Airport. Without limiting the generality of the sewerage foregoing, 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 sanitary fixtures should Regulations and/or the need ariseAirport 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 maintenance, repairs or replacements, but will have no obligation to do so, and the cost thereof will be deemed additional rent and expensewill be paid by LESSEE to LESSOR no later than thirty (30) days after the date of invoice from LESSOR to LESSEE for such costs. Upon expiration or termination LESSEE will provide a complete and proper arrangement for the frequent and adequate sanitary handling and disposal, away from the Airport, of this Agreementall trash, Lessee shall redeliver possession garbage and other refuse caused as a result of the Premises in as good condition as at the commencement occupancy or use of the term Leased Premises. All maintenance, repairs, additions or other work of any 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 local statutes, ordinances and building codes, (b) all applicable rules and regulations promulgated by LESSOR including this Agreement, reasonable wear section and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be SAA Airport Rules and remain the property and responsibility of LesseeRegulations, and Lessee shall cause to be removed from said Premises any and all signs so placed at (c) 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 prior to placement on the Premises. Lessee shall be responsible for keeping the paved parking area of the Premises clean and free of debris. Lessee shall also be responsible SAA’s Master Plan, design standards, if any, for the painting and maintenance of any parking stripes that may be placed on said parking surfaceAirport, and for the upkeep of the grass on the Premises. Lessee shall keep the entire Premises free for debrisas promulgated by ▇▇▇▇▇▇ from time to time.

Appears in 1 contract

Sources: Airport Lease Agreement

Maintenance. LesseeNotwithstanding anything to the contrary contained in the Lease, at its sole cost and expense, shall maintain and ----------- keep in good repair all portions as of the Premisesdate of this First Amendment, including without limitation the roof, foundation maintenance and repair obligations for the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and Premises shall be responsible for all glass frames that may allocated between Landlord and Tenant as set forth on Exhibit A attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit A (the “Tenant Maintenance Obligations”) shall be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. Lessee further agrees to replace the whole or any portion of the sewerage and sanitary fixtures should the need arise, performed by Tenant at its Tenant’s sole cost and expense. Upon expiration 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 termination obligation on the part of this AgreementTenant to make any structural and/or capital repairs or improvements to the Premises, Lessee shall redeliver possession and Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in Section 13 of the Lease, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises in for which Tenant is responsible as good condition as at the commencement part of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. Lessee shall be responsible for keeping the paved parking area requirements of the Premises clean Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and free to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 15 days after receipt 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 for debrissuch notice.

Appears in 1 contract

Sources: Lease Agreement (Tandem Diabetes Care Inc)

Maintenance. Lessee, at its sole cost and expense, ­‐ Tenant shall maintain and ----------- keep in good repair all portions parts of the Premises, including without limitation the roof, foundation premises in a state of good order and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, condition and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for surrender the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as same at the commencement expiration of the term of this Agreementhereof in the same good order in which they were received, reasonable wear and tear only excepted. Lessee Tenant shall not construct provide for and be responsible for the following items which have a check ▇▇▇▇ or install "x" in the space provided. The replacement of furnace and AC filters, light bulbs, batteries in smoke detectors and fuses; Proper cleaning of carpeting, and for proper cleaning and paste waxing of wooden floors; Keeping in good condition, and keeping trimmed any signs lawn, trees, vines, shrubbery and gardens; Removing leaves, sticks and other debris that accumulates on the Premises property; Promptly removing ice and snow as necessary; Keeping gutters, downspouts and exterior drains cleaned and cleared of leaves and other debris. Any repairs or replacements of property, equipment, or appliances necessary due to the 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 premises, including, but not limited to, water beds, without the prior written consent of LessorLandlord. Any such signs 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 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 Tenant'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 fixtures and appliances; and not to permit any person on the Premises premises with Tenant's permission to willfully or maliciously destroy, deface, damage or remove any part of the 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 Lessee shall be bare flooring, Tenant agrees to install carpeting or rugs with pads on 80% of the floor area within the enclosed leased space, in order to effectively reduce such sounds and/or disturbances. If Tenant is inadvertently locked out, Tenant agrees to call M Squared Real Estate and remain pay a $150 emergency lock out fee in order for the Agent / Landlord to dispatch a property manager to provide access to the property and responsibility of LesseeOR call a licensed locksmith. If a professional locksmith is necessary, and Lessee shall cause Tenant agrees to be removed from said Premises pay any and all signs so placed charges incurred at the termination of this Agreement so that time access is given. If the Premises will lock must be in re-­‐keyed, Tenant agrees to provide the same condition as before said signs were placed thereon. All signs shall be approved by Lessor prior new key to placement on the Premises. 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 for debrisAgent / Landlord within twenty four (24) hours.

Appears in 1 contract

Sources: Lease Agreement

Maintenance. Lesseea. During the Term, at its sole cost except as provided below, Provider will be responsible for the condition, operation, repairs, replacements, maintenance and expense, shall maintain and ----------- keep in good repair all portions management of the Premises, including all Technical Infrastructure, except to the extent caused by Epsilon, any Epsilon Representative or the Equipment. All repairs shall be completed in a prompt and workmanlike manner. However, should Provider not make repairs in a prompt and workmanlike manner resulting in a material impact to Epsilon’s operations, Epsilon shall have the right to complete any necessary repair, without limitation harming any other tenant in the roofPremises, foundation and offset such actual costs of repair against Fees owed to Provider, provided that any such repairs shall be performed by a qualified contractor that is familiar with the architecture of the Premises and agrees to comply with the provisions of this Agreement related to Epsilon contractors. All such repairs shall be performed in a diligent, competent and workmanlike manner and in a manner which will not impair the proper functioning of the Data Hall or Premises or void any manufacturers or installation warranties of equipment in the Premises. The provision of all maintenance services performed pursuant to this subsection shall be provided at no charge to Epsilon. Provider shall maintain the Premises and Technical Infrastructure in efficient working order and in accordance with its written maintenance standards and the concrete walkways Customer Support Guide as developed from the outline attached as Exhibit E. Provider shall have sole responsibility, except in the case of Epsilon needing to make repairs as noted above, for negotiating, executing and parking surface areas thereofadministering all contracts related to the operation, maintenance and repair of the Premises and Technical Infrastructure. In additionDuring the maintenance services of Provider as described above the Services may not comply with the specifications set forth in Exhibit B, Lesseeprovided that a plan shall be developed along with Epsilon, which addresses ways to minimize disruption to the services provided by Epsilon to its customers. b. Provider will clean and carry out normal maintenance in the Premises provided that Epsilon shall maintain the Equipment Space as provided below. Epsilon assumes full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Equipment including the building, maintenance and repair of the cages. Epsilon at its sole cost and expenseexpense shall clean the Equipment Space, provided that Provider shall maintain all portions of retain responsibility for sub-floor cleaning in the interior of Equipment Space, which it shall perform annually. In the Premisesevent Epsilon desires to use a janitorial service or other similar contractor in the Equipment Space, including without limitationEpsilon shall use a vendor approved in writing by Provider, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall such approval not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrisunreasonably withheld.

Appears in 1 contract

Sources: Co Location Agreement (Alliance Data Systems Corp)

Maintenance. Lessee(i) Tenant acknowledges that it has received the Demised Premises in good condition, repair and appearance. Tenant agrees that, at its sole cost and expense, it shall keep and maintain the Demised Premises, including any altered, rebuilt, additional or substituted buildings, roofs, structures and ----------- keep other improvements thereto, in good repair and appearance, except for ordinary wear and tear. Tenant shall also make promptly, all portions foreseen and unforeseen, ordinary and extraordinary changes and repairs of every kind which may be required to be made to keep and maintain the PremisesDemised Premises in such good condition, including without limitation repair and appearance and it will keep the roofDemised Premises orderly and free and clear of rubbish. Tenant covenants to perform or observe all terms, foundation and covenants or conditions of any reciprocal easement or maintenance agreement to which it may at any time be a party or to which the concrete walkways and parking surface areas thereofDemised Premises are currently subject. In addition, LesseeTenant shall, at its sole cost and expense, use its best efforts to enforce compliance with any reciprocal easement or maintenance agreement benefitting the Demised Premises by any other person subject to such agreement except as otherwise specifically set forth in this Lease. Except as provided below, Landlord shall maintain all portions not be required to maintain, repair or rebuild, or to make any alterations, replacements or renewals of any nature to the interior of the Demised Premises, including without limitationor any part thereof, plumbingwhether ordinary or extraordinary, electrical, piping, fixtures, equipment, painting foreseen or decorating not foreseen to maintain the Demised Premises or any part thereof in any way. Tenant hereby expressly waives the right to make repairs at the expense of any kind, and shall be responsible for all glass frames that Landlord which may be broken or damaged. Lessee shall also be responsible provided for in any law in effect at the repair, maintenance and replacement time of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this AgreementTerm or which may thereafter be enacted. If Tenant shall abandon the Demised Premises, reasonable wear and tear only excepted. Lessee it shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrisgive Landlord immediate notice thereof.

Appears in 1 contract

Sources: Lease (Alpha Technologies Group Inc)

Maintenance. Lessee14.1. Except as otherwise provided in this Article, and the Articles titled "Destruction" and "Condemnation," Tenant shall, at its sole cost and expense, shall maintain the entire Premises (including, but not limited to, any and ----------- keep all appurtenances thereto wherever located, including the interior surfaces of the exterior walls, the exterior and interior portions of all doors, door frames, door checks, other entrances, interior portions of windows, window frames, plate glass, suite fronts, signs, all plumbing and sewage fixtures and equipment, within the Premises, fixtures, walls, floors, ceiling, carpets, drapes, painted surfaces, wall coverings, cabinets, shelves, whether any such work or repair, replacement, renewal, or restoration is interior or exterior to the Premises, is foreseen or unforeseen, or is ordinary or extraordinary) in good tenantable condition and repair all portions of the Premisesas reasonably determined by Landlord, including without limitation all additions and improvements made by or for the roofTenant as well as all items of maintenance, foundation alteration, or reconstruction that may be required by a governmental agency having jurisdiction thereof. 14.2. If Tenant fails, refuses, or neglects to commence and complete repairs promptly and adequately, to remove any liens, to pay any cost or expense, to reimburse Landlord, or otherwise to perform any act or fulfill any obligation required of Tenant, Landlord may make or complete any such repairs, remove such lien, pay any such cost or expense, perform the concrete walkways same without prior notice to, but at the sole expense of, Tenant. Tenant shall promptly reimburse Landlord for all expenses of Landlord for all expenses of Landlord thereby incurred within ten (10) days after receipt by Tenant from Landlord of a statement setting forth the amount of such expenses. Landlord's rights and parking surface areas thereofremedies pursuant to this Section shall be in addition to any and all rights and remedies provided under this Lease or at law and shall not affect a waiver of Tenant's obligations. 14.3. In additionLandlord shall not have any responsibility to maintain the Premises. Tenant, Lesseeas a material part of the consideration rendered to Landlord, in entering into this Lease, hereby waives the provisions of the California Civil Code with respect to Landlord's obligation for tenantability of the Premises and Tenant's right to make repairs and deduct the expenses of such repairs from rent. 14.4. Tenant shall, at its sole cost, keep and maintain all window and door glass, utilities, fixtures and mechanical equipment used by Tenant in good order, condition and repair. 14.5. Landlord shall, at Tenant's sole expense, arrange for the maintenance of any heating and/or air conditioning units servicing the Premises with a reputable maintenance service person or entity. Tenant shall pay the costs of said maintenance as additional Rent. In the event that any heating and/or air conditioning unit services more than one Tenant, Tenant shall pay a reasonable proportion of the cost of the maintenance (including labor and parts), which proportion shall be determined by Landlord based upon Tenant's proportionate share of the square footage of the area serviced by any such unit. 14.6. Landlord shall keep in good condition and repair the roof and structural components of the Premises except when such maintenance and repair is necessitated by reason of Tenant's negligence, alteration of or addition to the Premises, or breach of any term or condition of this Lease. All costs of Landlord's maintenance and repairs shall be borne by Tenant and prorated in the manner set forth in the Article titled "Operating Expenses." Landlord shall have no obligation to make any such repairs until Landlord has received written notice from Tenant with respect to the need for such repairs, and Landlord shall not be deemed to be in default with respect to its obligation to repair unless and until Landlord has (i) received said written notice and (ii) failed to make such repairs within a reasonable period following the receipt of said notice. Landlord shall, after receiving written notice, exercise due diligence in making such repairs. Tenant hereby waives any provisions of any and all Laws permitting Tenant to make repairs at Landlord's expense. Landlord shall enforce any express construction warranties for the benefit of Tenant to the extent that they are available. There shall be no abatement of rent and no liability of Landlord under any circumstances by reason of any loss of or any injury to property, lost profits, or for injury to or interference with Tenant's business arising from the making of or Landlord's failure to make any repairs, alterations, or improvements. 14.7. Landlord shall, at Tenant's cost, repair and maintain the Project Enhancement Areas And Unit Shared Use Areas in a neat, clean and orderly condition and repair, properly lighted and landscaped, and shall operate the Project, in Landlord's sole discretion, as a first class industrial/office/commercial real property development. All expenses in connection with the Project Enhancement Areas And Unit Shared Use Areas shall be charged and prorated in the manner set forth in the Article titled "Operating Expenses." It is understood and agreed that the phrase "expenses in connection with said Project Enhancement Areas And Unit Shared Use Areas" shall include, but shall not be limited to, all sums expended in connection with said Project Enhancement Areas And Unit Shared Use Areas for all general maintenance and repairs, resurfacing, painting, restriping, cleaning, sweeping and janitorial services; maintenance and repair of sidewalks, curbs, and Building signs (other than Tenant's sign), sprinkler systems, planting and landscaping; lighting and other utilities; painting of all exterior surfaces of the Building or buildings in the Project; directional signs and other markers and bumpers; maintenance and repair of any fire protection systems, automatic sprinkler systems, lighting systems, storm drainage systems and any other utility systems; personnel to implement such service, including, if Landlord deems necessary, the cost of security guards and/or all costs and expenses pertaining to a security alarm system for the tenants; police and fire protection services; personal property taxes levied on or attributable to personal property owned by Landlord which is consumed in the operation or maintenance of the Project Enhancement Areas And Unit Shared Use Areas; depreciation and maintenance on operating machinery and equipment (if owned) and rental paid for such machinery and equipment (if rented); any parking charges, surcharges or any other costs levied or assessed by local, state or federal governmental agencies in connection with the use of parking facilities; fees for required licenses and permits; adequate public liability and property damage insurance on the Project Enhancement Areas And Unit Shared Use Areas; reserves for exterior painting and other appropriate reserves; and a reasonable allowance to Landlord for Landlord's supervision of the said Project Enhancement Areas And Unit Shared Use Areas, which cost shall not exceed three percent (3%) of the total of the aforementioned expenses for said calendar year. Landlord may, however, cause any or all of said services to be provided by an independent contractor or contractors. 14.8. Landlord's exercise of any right or obligation to maintain or repair the Premises, Project Enhancement Areas And Unit Shared Use Areas and/or other areas of the Project shall not entitle Tenant to any abatement of rent, compensation or damages for injury, loss or inconvenience occasioned thereby. 14.9. Tenant waives the right to make repairs at Landlord's expense under any Law, including, but not limited to, Sections 1932, 1933, 1941, and 1942 of the California Civil Code. 14.10. Tenant, at its own expense, shall maintain make all portions repairs to the Project that are made necessary by any breach of this Lease or any misuse or neglect by: 14.10.1. Tenant or any of its officers, agents, employees, contractors, licensees, or subtenants; or 14.10.2. Any visitors, patrons, guests, or invitees of Tenant or its subtenant. 14.11. All such repairs shall be at lest equal in quality to the interior of the Premisesoriginal work, including without limitationshall be made only by a licensed, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kindbonded contractor approved in advance by Landlord, and shall be responsible for all glass frames that may be broken made only at such time or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in times as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior Landlord. Landlord may impose reasonable restrictions and requirements with respect to placement on such repairs. At the time of the expiration of the tenancy created herein, Tenant shall surrender the Premises in good order, condition, and repair, ordinary wear and tear excepted. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. 14.12. Lessee shall be responsible for keeping the paved parking area of Tenant shall, at its own expense, keep and maintain the Premises clean in a clean, sanitary, and free of debrissafe condition in accordance with all Laws. 14.13. Lessee shall also be responsible for the painting Tenant shall, at its own expense, install and maintenance of any parking stripes that maintain such fire extinguishers and other fire protection devices (other than sprinkler systems) as may be placed on said parking surface, and for required in the upkeep of Premises from time to time by any agency having jurisdiction and/or by the grass on insurance underwriters insuring the Premises. Lessee shall keep the entire Premises free for debris.Building

Appears in 1 contract

Sources: Net Industrial Lease (National Manufacturing Technologies)

Maintenance. Lessor shall maintain the foundation, outer walls, and roof of the Building in good condition and repair, except that Landlord shall not be required to make any repairs occasioned by the negligent act or omission of Lessee or Lessee's agents or employees. Lessee shall make all repairs and replacements to the Premises not expressly assumed by Lessor under this Lease, and shall keep all portions of the Premises, including, without limitation, the interior of the Premises and the wiring and plumbing systems and conduits, exterior doors, windows and window frames, in good order, condition, and repair during the entire term of this Lease, and shall also keep the Premises in a clean, sanitary, and safe condition in accordance with Law and in accordance with all directives, rules, and regulations of governmental agencies having jurisdiction over the Premises or Lessee's use thereof. Notwithstanding anything contained herein to the contrary, Lessee shall, at its sole cost and expense, shall maintain and ----------- keep the heating, ventilating and air conditioning systems, apparatus and equipment (the "HVAC Systems") in good condition and repair all portions during the entire term of this Lease. Within thirty (30) days of the date Lessee takes possession of the Premises, including without limitation Lessee shall enter into a maintenance contract, requiring at least bimonthly service with a reputable and licensed full service HVAC maintenance firm, for the roof, foundation routine maintenance and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions servicing of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damagedHVAC Systems. Lessee shall also be responsible for the repair, maintenance and replacement furnish Lessor with a copy of the heating then current maintenance contract. Lessor shall have the specific right to annually inspect, or have inspected, the HVAC equipment, and air conditioning system if in said Premises. Lessor's reasonable judgment such equipment is not being properly maintained, Lessor shall have the right to give notice to Lessee further agrees to replace of such, and Lessor may, at the whole or any portion expense 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee shall cause undertake to be removed from said Premises any and all signs so placed at make such repairs as are necessary to put the termination of this Agreement so that the Premises will be HVAC equipment in the same condition as before said signs were placed thereon. All signs shall be approved by Lessor prior to placement on the Premises. 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 for debrisgood condition.

Appears in 1 contract

Sources: Lease Agreement (Neogen Corp)

Maintenance. During the term of this lease, Lessee, at its own cost and expense, shall keep and maintain the Leased Premises and all buildings and improvements thereon, in good order, condition and repair, hereby waiving all rights to make repairs at the expense of Lessor, and shall not cause any nuisance or cause or permit any waste or allow any trash to accumulate on the Leased Premises. Further, Lessee agrees to make any and all necessary replacements to air-conditioning, cooling, heating, plumbing, lighting, and other equipment on the Leased Premises and to any other part of the Leased Premises in the event said replacements are necessary. Lessee shall have the right at its sole cost and expenseexpense at any time and from time to time, to make such alterations and improvements to the building on the Leased Premises which do not adversely affect the value thereof as Lessee sees fit, 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 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 maintain have the right to do the same and ----------- keep in good repair all portions of amounts so expended by the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and Lessor shall be responsible for all glass frames that may deemed additional rental, to be broken or damaged. Lessee shall also be responsible for the repair, maintenance due and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as owing at the commencement of time the term of this Agreementnext rental payment is due following the date that such repairs, reasonable wear and tear only excepted. Lessee shall not construct replacements, or install any signs on maintenance have been done by the Premises without the prior written consent of Lessor. Any such signs placed on the Premises and all alterations, repairs, replacements, and additions that are made by Lessee either party shall be and remain immediately become the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrisLessor.

Appears in 1 contract

Sources: Net Lease (United Auto Group Inc)

Maintenance. LesseeThe upkeep, at its sole cost maintenance and expense, shall maintain and ----------- keep in good repair all portions management of the Premisesbuilding and of common areas, including without limitation maintenance, operation and upkeep of plant and machinery shall be organized by the roofDEVELOPER or its nominated Maintenance Agency. All such costs, foundation expenses (hereinafter referred as “CAM”) common area maintenance, accruals to or provisions shall be borne and paid by the concrete walkways VENDEE to the extent of its share in the said building. The charges so fixed and parking surface areas thereofpayable every month shall be apportioned per square feet by the DEVELOPER to which the VENDEE hereby agrees to accept as final and binding. In additionSuch charges would be billed to the VENDEE by the DEVELOPER/Maintenance Agency every month at actuals. The charges so fixed shall be reviewed annually. It is clarified that Maintenance Charges shall be exclusive of water, Lessee, at its sole cost electricity and expense, other consumables for which separate bills shall maintain all portions of be raised by the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, DEVELOPER/Concerned Agency/Department/ Maintenance company and shall be responsible for all glass frames that paid by the VENDEE/Lessee as stipulated herein. (I) DEVELOPER OR its Nominee shall maintain the building from amounts received as CAM charges from the owners and occupiers of building. DEVELOPER at any time, can make a maintenance association of owners and occupiers of building and hand over the maintenance of the building to the same. (II) All expenses of consumable nature shall be 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 broken or damaged. Lessee shall also be responsible designated in this regard (the “Designated Mainnatnece Agency”) by the DEVELOPER, in accordance with the provisions of applicable Law, for the repair, maintenance of common areas and facilities in the said building. VENDEE shall pay necessary charges including security deposit for such maintenance and replacement 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 the terms and conditions of the heating same. Till the time same is not executed Allottee is bound by the terms and air conditioning system conditions of maintenance to the unit as mentioned in said Premisesthis agreement. Lessee further agrees to replace the whole or any portion of the sewerage The intending VENDEE agree and sanitary fixtures should the need arise, at its sole cost and expense. Upon expiration or termination of this Agreement, Lessee shall redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debris.consent

Appears in 1 contract

Sources: Agreement to Sale

Maintenance. Lessee(a) Landlord shall keep and maintain in good order and repair and in a first class manner the Building, including the Building structure and systems, the foundation, roof, exterior walls, elevators, electrical, plumbing, HVAC systems, entrance, sidewalks, lobbies, stairways, landscaped areas, parking garage and common areas and facilities. Landlord shall be responsible for causing the lobby, other common areas, and exterior areas, sidewalks, driveways, parking garage, exercise facility, entrances and core area restrooms on all floors leased by Tenant to comply with the requirements of Title III of the ADA, all Environmental Laws (hereinafter defined), provided however, that with regard to the bathrooms on the floors leased by Tenant (i) Landlord shall install in each an alarm visual strobe and insulate the sink hot and drain pipes that are exposed under the counter tops, and (ii) Tenant shall perform all ADA changes required as a result of Tenant installing, at its sole cost and Tenant's expense, a rear door in the womens' bathrooms, which doors Landlord consents to Tenant installing, provided they are installed in accordance with applicable laws, codes and regulations. Landlord agrees that the base Building fire alarm system shall maintain be adequate to accommodate the strobes and ----------- keep in good repair all portions annunciators required by the provisions of the PremisesDistrict of Columbia Code to be installed in the Premises by Tenant as part of the Tenant Improvement Work. Where Improvements or any other alterations made by Landlord or by Tenant after execution of this Lease trigger "path of travel" requirements under the ADA, including without limitation the roofparty making such alterations shall be responsible for satisfying such requirements. Any changes to the Building necessary to cause such common and public areas to comply with the requirements of Title III of the ADA or Environmental Laws shall be at Landlord's expense and shall not be included in the Operating Expenses of the Building, foundation and unless such changes are required by the concrete walkways and parking surface areas thereofconstruction of Improvements by or for Tenant or by any other act or omission of Tenant, in which case shall be solely responsible for all costs of any such changes. In addition, LesseeLandlord shall remedy, at its sole cost and expenseas promptly as is feasible under the circumstances, shall maintain all portions any material interruption of the interior Services to be provided to Tenant as set forth in Paragraph 8, above. The Landlord shall in no event be required to make repairs to leasehold improvements made by the Tenant, or to make repairs to wear and tear within the Premises. The Tenant agrees to deliver notice to the Landlord, as promptly as is reasonable under the circumstances, of any defective condition in or about the Premises known to the Tenant which the Landlord is required to repair hereunder; provided, however, that the Tenant's failure to report to the Landlord any such defective condition shall not relieve the Landlord of the PremisesLandlord's obligation to repair any such defective condition promptly upon learning of the need for such repair. (b) Except to the extent a violation is caused by Tenant or any invitee of Tenant, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and Landlord shall be responsible for causing the Building to comply with all glass frames applicable federal and local laws, ordinances, regulations and orders governing asbestos and Hazardous Materials ("Environmental Laws"). Any action necessary to cure a violation of any Environmental Laws shall be at Landlord's expense and shall not be included in the operating Expenses of the Building, except that may any violation caused by Tenant or an invitee of Tenant shall be broken or damaged. Lessee cured at Tenant's sole cost. (c) Landlord shall also be responsible retain an expert indoor environmental quality consultant (the "Landlord's IAQ Consultant") who shall conduct testing (and prepare written reports of such testing) of the indoor air quality of the Building and such other indoor environmental factors as are reasonably tested in first-class office buildings (collectively, "IAQ") one (1) time every other calendar year, for the repair, maintenance purpose of determining the normal and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession acceptable IAQ of the Premises in as good condition as at and the commencement common areas of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrisBuilding.

Appears in 1 contract

Sources: Office Lease (Watson Wyatt & Co Holdings)

Maintenance. Lessee17.1. Except as otherwise provided in this Article, and the Articles titled "Destruction" and "Condemnation," Tenant shall, at its sole cost and expense, shall maintain the entire Premises (including, but not limited to, any and ----------- keep all appurtenances thereto wherever located, including the interior surfaces of the exterior walls, the exterior and interior portions of all doors, door frames, door checks, other entrances, interior portions of windows, window frames, plate glass, suite fronts, signs, all plumbing and sewage fixtures and equipment, within and solely serving the Premises; fixtures, walls, floors, ceiling, carpets, drapes, painted surfaces, wall coverings, cabinets, shelves, whether any such work or repair, replacement, renewal, or restoration is interior or exterior to the Premises, is foreseen or unforeseen, or is ordinary or extraordinary) in good repair all portions of the Premisescondition and repair, including without limitation all additions and improvements made by or for the roofTenant as well as all items of maintenance, foundation alteration, or reconstruction that may be required by a governmental agency having jurisdiction thereof. Notwithstanding any provision to the contrary, Tenant's obligations under this Section 17 shall not include making (i) any repair or improvement necessitated by the negligence or willful misconduct of Landlord, its agents, employees or servants; (ii) any repair or improvement by Landlord's failure to perform its obligations under this Lease or under any other agreement between Landlord and Tenant; or (iii) any structural or seismic repairs, improvements or alterations to the Premises or Building except as required to construct and install Tenant's Improvements. 17.2. If Tenant fails, refuses, or neglects to commence and complete required repairs promptly and adequately after the giving of any required notice and the concrete walkways expiration of any applicable cure period provided in this Lease, Landlord may make or complete any such repairs at the sole expense of Tenant. Tenant shall promptly reimburse Landlord for all reasonable expenses of Landlord not covered by Landlord's insurance thereby incurred within ten (10) business days after receipt by Tenant from Landlord of a reasonably detailed statement setting forth the amount of such expenses. Landlord's rights and parking surface areas thereofremedies pursuant to this Section shall be in addition to any and all rights and remedies provided under this Lease or at law and shall not affect a waiver of Tenant's obligations. 17.3. In additionExcept as otherwise expressly set forth in this Lease, LesseeLandlord shall not have any responsibility to maintain the Premises. Tenant, as a material part of the consideration rendered to Landlord, in entering into this Lease, hereby waives the provisions of the California Civil Code with respect to Landlord's obligation for tenantability of the Premises and Tenant's right to make repairs and deduct the expenses of such repairs from rent. 17.4. Tenant shall, at its sole cost cost, keep and maintain all window and door glass, fixtures and mechanical equipment used by Tenant in good order, condition and repair. 17.5. Landlord shall, at Tenant's sole expense, arrange for the maintenance of any heating and/or air conditioning units servicing the Premises with a reputable maintenance service person or entity reasonably acceptable to Tenant. Tenant shall maintain pay the costs of said maintenance as additional Rent. In the event that any heating and/or air conditioning unit serving the Premises services more than one tenant, Tenant shall pay a reasonable proportion of the cost of the maintenance (including labor and parts), which proportion shall be determined by Landlord based upon Tenant's proportionate share of the rentable square footage of the area serviced by any such unit. 17.6. Landlord shall keep in good condition and repair and in substantial accordance with all applicable Laws, the roof, exterior walls, foundation and other structural portions of the interior Building, trunk-line plumbing, gutters, scuppers, downspouts, and structural components of the Premises except when such maintenance and repair is necessitated by reason of Tenant's negligence, alteration of or addition to the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating Tenant's breach of any kindterm or condition of this Lease. All costs of Landlord's maintenance and repairs shall be included in "Operating Expenses." Landlord shall have no obligation to make any repairs to the Premises under this Section until Landlord has received written notice from Tenant with respect to the need for such repairs to the Premises, and Landlord shall not be responsible for all glass frames that may deemed to be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. Lessee further agrees default with respect 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 redeliver possession of obligation to make such repairs to the Premises unless and until Landlord has (i) received said written notice and (ii) failed to make such repairs within a reasonable period following the receipt of said notice. Landlord shall exercise due diligence in as good condition as at making the commencement repairs which are the obligation of the term Landlord under this Section. Tenant hereby waives any provisions of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee shall cause to be removed from said Premises any and all signs so placed Laws permitting Tenant to make repairs at the termination of this Agreement so that the Premises will be in the same condition as before said signs were placed thereonLandlord's expense. All signs Landlord shall be approved by Lessor prior to placement on the Premises. Lessee shall be responsible for keeping the paved parking area of the Premises clean and free of debris. Lessee shall also be responsible enforce any express construction warranties for the painting and maintenance benefit of any parking stripes Tenant to the extent 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 for debristhey are available.

Appears in 1 contract

Sources: Net Industrial Lease (Lmi Aerospace Inc)

Maintenance. Lessee, at its sole cost and expense, shall maintain and ----------- keep in good repair all portions All expenses of maintenance of the PremisesLeased Premises and additions thereto shall be borne solely by Tenant; provided, including without limitation the roofhowever, foundation and the concrete walkways and parking surface areas thereof. In additionthat as to any major structural or other capital repairs or replacements, Lessee, at its sole cost and expense, Tenant shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall only be responsible for all glass frames that may be broken 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 damagedreplacement. Lessee shall also be responsible for the repair, All maintenance and replacement of repairs performed by Landlord or Tenant shall be performed in accordance with all applicable laws. In the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of event during the term of this Agreementlease Landlord reasonably determines that repairs should, reasonable wear from time to time be made, and tear only exceptedgives 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. Lessee Performance by Landlord of said work shall not construct or install any signs on the Premises without the prior written consent operate, however, so as to relieve Tenant of Lessorits default in failing to make such repairs. Any such signs placed on the Premises by Lessee No mechanics’ liens shall be and remain placed against the property and responsibility Leased Premises on account of Lesseeany 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 Lessee shall cause all contractors, subcontractors, laborers, mechanics, materialmen and others are called upon to be removed from said Premises any and all signs so placed at the termination take due notice of this Agreement so clause, it being the intent hereby to expressly prohibit any such lien. As to any repair or replacement to the Leased Premises that either party is entitled to receive reimbursement for all or part of the Premises will be in cost thereof from the same condition as before said signs were placed thereon. All signs shall be approved by Lessor other party pursuant to the terms hereof, prior to placement on making such repair or replacement the Premisesparty 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. Lessee shall be responsible Upon the performance of any such repair or replacement by a party hereto for keeping the paved parking area which such party is entitled to receive reimbursement for all or part of the Premises clean and free of debris. Lessee cost thereof from the other party hereto, the party performing such repair or replacement shall also be responsible for provide a written invoice to the painting and maintenance of any parking stripes that may be placed on said parking surfaceother party, and for which party shall pay the upkeep amount invoiced in full within fifteen (15) days of the grass on the Premises. Lessee shall keep the entire Premises free for debrisdelivery of such invoice.

Appears in 1 contract

Sources: Asset Purchase Agreement (SCP Pool Corp)

Maintenance. Lessee, at its sole cost and expense, shall Landlord agrees to maintain and ----------- keep in good repair all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions exterior walls of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of Property during the term of this Agreement, reasonable wear and tear only exceptedLease except for any damage caused by the actions of the Tenant. Lessee shall not construct or install any signs 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 Premises without the prior written consent of Lessorsystem with a licensed HVAC contractor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of LesseeSaid maintenance agreement to cover filter changes, and Lessee shall cause any other periodic service required. Subject to be removed from said Premises the foregoing, Tenant agrees to maintain the Property in first class condition, including the interior (air conditioning, electric, and plumbing included) and exterior of the improvements (including any landscaped areas around the bldg.), and all signs so placed the parking areas at Tenant's expense. NOTE: ON THE ABOVE ITEMS THAT ARE THE RESPONSIBILITY OF THE TENANT, 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 this Agreement so the Lease, by 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 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 Premises will be Tenant is not in default of any provisions of this lease agreement. Notwithstanding the same condition as before said signs were placed thereon. All signs foregoing, any Leasehold improvements or fixtures attached to the Property by Tenant shall be approved by Lessor prior to placement on the Premises. Lessee shall be responsible for keeping the paved parking area become Property 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 for debrisLandlord.

Appears in 1 contract

Sources: Lease (Pods Inc)

Maintenance. Lessee, 6.1 The MVYBA at its sole cost and expense, expense shall maintain and ----------- keep in good repair all portions of the Premisesor cause to be maintained, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of through the term of this Agreementagreement, the grounds of the premises and all improvements in their present condition. 6.2 The MVYBA shall, within its reasonable wear control, keep the premises free of litter, trash paper and tear 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 exceptedaccepted. 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 option, may treat such property as abandoned, and shall have absolute right of disposal over such property. Lessee shall 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 construct permit the existence of any public nuisances thereon, or install any signs on such other threats to the public health, safety, welfare, and disruption of regular play. 6.7 MVYBA may not make alterations, improvements, or additions to the Premises without the prior written consent of Lessorthe City Administrator or his designee. Any All such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lesseealterations, improvements, and Lessee additions shall cause to be removed from said Premises any and all signs so placed at become property of the CITY upon 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 prior to placement on the Premises. 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 for debrislicense.

Appears in 1 contract

Sources: License Agreement

Maintenance. LesseeExcept for those obligations of Master Landlord under the Master Lease and subject to Section 8(b) herein, at its sole cost Sublessee shall repair and expensemaintain the Subleased Premises and all equipment, shall maintain systems, and ----------- keep property which are either located within or solely servicing the Subleased Premises, in good repair all portions and clean order and condition and in every respect as required by the Master Lease. At the expiration or earlier termination of the PremisesTerm of this Sublease, including without limitation Sublessee shall surrender the roofSubleased Premises to Sublessor in as good order and condition as when Sublessee took possession, foundation normal wear and tear and casualty and condemnation excepted, and in the concrete walkways and parking surface areas thereofcondition required for the surrender of same under the provisions of the Master Lease. In addition, Lesseeand without limitation of the foregoing, Sublessee shall (a) if Sublessor so requests, remove any improvements or alterations made by Sublessee to the Subleased Premises and repair any damage caused by such removal, and (b) if Sublessor shall so request, leave any improvements or alterations made by Sublessee to the Subleased Premises, except for any trade fixtures or personal property installed or placed by Sublessee in the Subleased Premises. The Sublessee shall also pay in full all utility costs and all carpet cleaning and janitorial costs for the Subleased Premises throughout the full term of the Sublease. Notwithstanding anything to the contrary contained in this Section 11 and exclusive of any damage caused by Sublessee, Sublessor (or Master Landlord to the extent Master Landlord has agreed to take on the following obligations) shall remain responsible for the repair and maintenance of all equipment, systems and property which service the entire Premises (as opposed to solely servicing the Subleased Premises) and Sublessee shall pay its prorated share (based on square footage of the Subleased Premises to the Premises) of the actual costs of such repair and maintenance, provided that if Sublessee contests a repair cost as unreasonably excessive (in light of comparable repair costs within the City of Palo Alto) or inaccurate, Sublessee shall notify Sublessor of its objection prior to the applicable payment due date and the parties will in good faith seek to resolve the dispute within ten (10) days of Sublessor’s receipt of the notice. (a) Notwithstanding anything to the contrary, Sublessor may elect, at its sole cost and expenseoption, shall maintain all portions to perform certain repairs or routine maintenance of the interior of the Premisessystems, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the such as heating and air conditioning system conditioning, serving the Subleased Premises and in said Premises. Lessee further agrees such event, Sublessee shall pay to replace Sublessor its proportionate share of the whole actual and reasonable cost of such maintenance. (b) Without limiting or modifying the provisions of Section 21, which in part incorporates the terms of Section 9 of the Master Lease, Sublessee hereby waives all rights under California Civil Code section 1941 and all rights to make repairs at the expense of Sublessor or in lieu thereof to vacate the Subleased Premises as provided by California Civil Code section 1942 or any portion other law, statute or ordinance now or hereafter in effect. (c) Except for Section 8(b), Sublessor has no obligation and has made no promise to alter, remodel, improve, repair, maintain, decorate or paint the Subleased Premises or any part thereof or any equipment, fixtures or improvements therein, except as expressly set forth in this Lease. No representations respecting the condition of the sewerage Subleased Premises, the Premises or the Building have been made to Sublessee either by Sublessor or by any real estate broker, except as expressly set forth in this Sublease. Sublessee’s obligation to keep the Subleased Premises and sanitary every part thereof and all equipment, fixtures should the need arise, at its sole cost and expense. Upon expiration or termination of improvements therein in good condition and repair in accordance with this Agreement, Lessee shall redeliver possession Section 11 is part of the consideration for Sublessor’s leasing the Subleased Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrisSublessee.

Appears in 1 contract

Sources: Sublease (Telik Inc)

Maintenance. Lessee(a) Tenant will, at its sole cost and expense, shall maintain keep, maintain, repair and ----------- keep in good repair all replace (when necessary) the interior portions of the Premises (which Landlord is not obligated to repair in accordance with Section 11(b) below) in first-class condition and make all needed repairs thereto, 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, including without limitation the roofPool and elevators exclusively serving the Premises. Tenant shall permit no waste, foundation damage or injury to the Premises. Tenant shall perform all necessary repairs, alterations and improvements to cause the Premises to comply with all applicable Laws, except that Landlord (and not Tenant) shall be responsible for making any capital repairs, alterations or improvements to the Premises required to cause the Premises to comply with applicable Laws to the extent that such compliance is not required as a result of Tenant’s particular use of 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 time during the Term of this Lease, 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 concrete walkways and parking surface areas thereof. In additiondenominator of which is the total number of months in the reasonably anticipated useful life of the applicable replacement item, Lesseewhich 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, shall maintain all portions 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 interior 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 five (5) year period during the Term, provided that the cost of 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), including 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 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, following 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, but not the obligation, to undertake immediate repairs of such nature as would normally be Landlord’s responsibility, and notify Landlord promptly after such repairs have been undertaken (including, without limitation, plumbingnotice by telephone, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damagedto the extent reasonably practicable). Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. Lessee further agrees If Landlord fails to replace the whole or repair any portion of the sewerage 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 sanitary fixtures should diligently prosecutes the need arisesame 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 repairs 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 in the event Landlord in good faith disputes whether Tenant properly performed an obligation of Landlord hereunder or the cost of such performance, Landlord 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 Tenant did not properly perform an obligation of Landlord in accordance herewith or that the cost of such performance was unreasonable, 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 sole cost 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 expense(ii) show the same to prospective mortgagees, buyers and, in the final six (6) months of the Term, tenants. Upon expiration 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 termination 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 this AgreementTenant’s business from the Premises. In addition, Lessee in event of an emergency, Landlord shall redeliver possession 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 undertaken (including, without limitation, notice by telephone, to the 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 such 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 condition 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 commencement Interest Rate from the date of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrisLandlord’s expenditure until Tenant’s reimbursement.

Appears in 1 contract

Sources: Retail Lease (Sport Chalet Inc)

Maintenance. Lessee, At all times during the existence of Contractor's ----------- actual possession and use rights under the Management Agreement and at its sole cost own expense Contractor shall: (a) provide all maintenance, including a preventive maintenance program, which will maintain, preserve and expensekeep the physical structure, shall maintain fixtures and ----------- keep equipment in good repair repair, working order and condition; (b) meet all portions warranty and maintenance requirements. The State of Nevada, or its agent will have the right to review the maintenance program planned by the Contractor and to audit the program at any time; (c) comply with reasonable audit recommendations; (d) maintain the physical structure of the PremisesFacility and all moveable and tangible personal property contained therein, including without limitation all equipment and fixtures purchased for this Facility pursuant to this Agreement in accordance with applicable Court Orders, and ACA Standards. Conduct all ordinary routine maintenance and will in so doing maintain, preserve and keep the roofFacility and all such equipment in good repair, foundation working order and the concrete walkways condition, subject to normal wear and parking surface areas thereof. In additiontear, Lesseeand will from time to time make or cause to be made all necessary and proper repairs, at its sole cost including those identified by self-monitoring and expense, State inspections such that all replacements and renewals shall maintain all portions thereupon become part of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, Facility. It is specifically understood and shall be responsible for all glass frames agreed that may be broken or damagedContractor will keep maintenance records using forms acceptable to DOA. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of During the term of this Agreement, reasonable wear and tear only exceptedDOA shall have no responsibility, financial or otherwise, with respect to maintenance of the Facility. Lessee The responsibility for maintenance of the Facility shall be the sole responsibility of the Contractor; (e) subject to prior written approval of DOA, which approval shall not construct unreasonably be withheld, have the authority to remodel the Facility or install any signs on make substitutions, alterations, additions, modifications and improvements to the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of LesseeFacility from time to time, and Lessee 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 prior to placement on the Premises. Lessee shall be responsible for keeping the paved parking area become part of the Premises clean and free of debris. Lessee shall also be responsible for Facility; (f) promptly after the painting and maintenance occurrence of any parking stripes damage to or loss of a Facility, including those from a Force Majeure, that may be placed on said parking surfacematerially affects the continued operation of such Facility, notify DOA of such loss or damage and for DOA and Contractor shall jointly assess the upkeep nature and extent of such damage or loss and, as soon as practicable thereafter, determine whether it is practicable and desirable to rebuild, repair or restore such damage or loss. DOA shall determine that such rebuilding, repairing or restoring is practicable and desirable; and (g) operate and maintain the grass on Facility in compliance with the Premises. Lessee shall keep the entire Premises free for debrisStandards.

Appears in 1 contract

Sources: Construction/Installment Purchase and Management Services Contract (Correctional Services Corp)

Maintenance. LesseeIt is recalled that, at its sole cost and expensefrom the Effective Date, the Lessor shall maintain and ----------- keep carry out significant works in good repair all portions the Building, a summary description of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kindwhich appears in Schedule 1, and that the cost of these works shall be responsible for all glass frames that may be broken or damagedentirely borne by the Lessor. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of During the term of this Agreementlease, reasonable wear the Lessee must keep the premises in a proper state of maintenance, functioning, safety, cleanliness and tear only exceptedhygiene, and at its expense carry out or cause to be carried out any works and repairs that might be necessary, except for the major repairs referred to in Article 606 of the French Civil Code, which shall be the Lessor’s responsibility and must be taken to mean, in a strictly exhaustive manner, works of reconstruction of the load-bearing walls and of the roofing, excluding any other repair. The Lessee must also make good the premises and discharge the amount of any repairs to be carried out, except for those necessitated by dilapidations. For this purpose, at the latest by the day of the expiry of the lease, a premises condition report shall be drawn up involving both parties, which shall include, where appropriate, a summary of the repairs to be carried out that are the Lessee’s responsibility. The Lessee shall pay directly to the Lessor the amount of the repairs on submission of the contracting firms’ invoices checked by the Lessor’s architect. The Lessee shall not construct or install any signs on carry out in the Premises works other than those necessary for the normal maintenance of the Building without the Lessor’s prior written consent permission. Where permission is given, the works of Lessor. Any such signs placed on whatever nature must be executed at the Premises Lessee’s sole expense and risk and under the supervision of an architect or a technical design office approved by Lessee the Lessor and whose fees shall be borne by the Lessee. Failing the execution by the Lessee of these works, the Lessor may substitute itself for the Lessee and remain have them carried out by a contracting firm of its choice, at the property and responsibility Lessee’s sole expense, without prejudice to any costs of Lesseemaking-good consequent upon damage caused by a failure to observe the provisions of this Clause. The Lessee must suffer without any compensation or reduction in the price of the rent any urgent works of maintenance, and Lessee shall repair or reconstruction, etc. that the Lessor deems to be reasonably necessary to cause to be removed from said Premises any and all signs so placed at executed in the termination premises, during the term of this Agreement so that lease, whatever the Premises will be in nature and the same condition as before said signs were placed thereon. All signs shall be approved duration thereof, even if the latter exceeds forty days, by Lessor prior to placement on the Premises. Lessee shall be responsible for keeping the paved parking area derogation from Article 1724 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 for debrisFrench Civil Code.

Appears in 1 contract

Sources: Lease Agreement (Tornier B.V.)

Maintenance. LesseeTenant, at its sole cost and expensecost, shall maintain and ----------- keep in good repair first class order, condition and repair, maintain the Premises and every part thereof, interior and exterior, roof, and all portions adjacent sidewalks, landscaping, driveways, parking lots and signs located within or adjacent to the Premises and shall make all replacements necessary to keep the Premises in such condition. All repairs and replacements shall be of a quality equal to or exceeding that of the original. Tenant shall do all acts necessary to comply with all Applicable Laws. Landlord shall not have any responsibility to maintain the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, provided that Landlord shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be remain responsible for the repair, maintenance repair of (i) the structure and replacement foundation of the heating Building, to the extent such damage was not caused by Tenant, its employees, agents, contractors, or invitees, and air conditioning system in said Premises(ii) any latent defects to the Building, to the extent constructed by Landlord, its agents, employees or contractors. Lessee further agrees Tenant waives the provisions of Civil Code Sections 1941 and 1942, and any amendment or successor statutes thereto, with respect 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 redeliver possession Landlord's obligations for tenantability of the Premises and Tenant's right to make repairs and deduct the expenses of such repairs from rent. Should Tenant fail to make these repairs and replacements or otherwise to maintain the Premises for a period of thirty (30) days after written demand by Landlord, or should Tenant commence or fail to complete, any repainting, repairs or replacements within a reasonable time after written demand by Landlord, Landlord may make the same without liability to Tenant for any loss or damage that may occur to Tenant's business, except any resulting from the gross negligent or intentional acts or omissions of Landlord, and Tenant shall pay to Landlord the costs incurred by Landlord in as good condition as making such repairs or replacements together with interest thereon at the maximum rate permitted by law from the date of commencement of the term of this Agreement, reasonable wear work until repaid. Tenant shall contract with a service company licensed and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be experienced in servicing HVAC equipment and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on Landlord for regular maintenance and replacement, if required by Landlord, of the HVAC equipment serving the Premises. Lessee The cost of the contract and any required replacements or repairs 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 for debrispaid by Tenant.

Appears in 1 contract

Sources: Net Lease Agreement (Financial Pacific Insurance Group Inc)

Maintenance. Lessee‌ Subject to the other provisions of this Section 3, the POA shall at its sole cost and expense, shall all times maintain and ----------- keep in good repair all portions of the Premisesand manage, including without limitation the roofoperate and insure, foundation and the concrete walkways and parking surface areas thereof. In additionshall replace as often as necessary, LesseeMaintenance Areas including, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbingrights of way, electricalroads, pipingstreets or access easements not constituting part of a Lot; utility easements/tracts or facilities not maintained by a public utility provider; and conservation or preservation easements/areas, fixturesif any and, equipmentto the extent not otherwise provided for, painting or decorating the drainage structures, landscaping, improvements and other structures situated on the Maintenance Areas, if any, all such work to be done as ordered by the Board of Directors of the POA. Without limiting the generality of the foregoing, the POA shall assume all of Declarant's and its affiliates' responsibility to the County, the SFWMD, and all other state and local governmental entities of any kindkind with respect to the Maintenance Areas and shall indemnify and hold the Declarant and its affiliates harmless with respect thereto. In any instance in which a Ground Lease obligates a Ground Lessee to perform, with respect to the applicable Ground-Leased Premises, any maintenance function assigned to the POA herein, such Ground Lessee shall have the right and obligation hereunder to perform such function (solely as it relates to the applicable Ground-Leased Premises) unless and except to the extent the POA notifies the applicable Owner and Ground Lessee in writing that the POA intends to perform such function with regard to the applicable Ground-Leased Premises. To the extent a Maintenance Area consists of an easement over, under or through a Lot, the POA's responsibility for the maintenance thereof shall be limited to maintaining the functionality of the easement for its intended purpose (e.g., drainage as part of the SWMS to the extent the Owner of the Lot fails to do so) and not the lands subject to the easement (e.g., landscaping or pavement), except to the extent damaged or altered by the POA's activities thereon. The Owner of the majority of The Properties or the POA, as determined by mutual agreement of such Owner and the POA, shall provide sufficient full time maintenance personnel to ensure the maintenance of the Surface Water Management System as provided in, and required by, this Declaration and all applicable permits and approvals affecting The Properties. An obligation of the POA’s perpetual operation and maintenance will be to cause for resources and forces to be available that have dedicated full time maintenance staff in order to monitor and cause for the maintenance of the underground exfiltration systems that are part of the Surface Water Management System. All work pursuant to this Section and all expenses incurred or allocated to the POA pursuant to this Declaration shall be responsible paid for all glass frames that by the POA through assessments (either general or special) imposed in accordance herewith. No Owner may be broken waive or damaged. Lessee shall also be responsible otherwise escape liability for the repair, maintenance and replacement assessments by non-use (whether voluntary or involuntary) of any Maintenance Areas or abandonment of the heating and air conditioning system in said Premises. Lessee further agrees right to replace the whole or use 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of Lessor. Any such signs placed on the Premises by Lessee shall be and remain the property and responsibility of Lessee, and Lessee 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 prior to placement on the Premises. 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 for debrisMaintenance Areas.

Appears in 1 contract

Sources: Declaration of Covenants

Maintenance. Lessee(a) ARI shall use reasonable commercial efforts to cause the Cars to be maintained in good operating order and condition (the “Maintenance”). The standard for Maintenance shall be the highest of (i) standard industry practice, at (ii) any standard required or set forth for the Cars or railcars of a similar class by law or any Regulatory Authority, and (iii) with respect to the Cars leased to each User, any standard set by such User, whether by terms of a User Lease or by other understanding or agreement between a User and ARL or an Owner; provided, however, that such standard shall never be lower than the standard for Maintenance provided to any other customer of ARI to which ARI provides general maintenance services for a fleet of owned or leased railcars; and provided, further, that subject to Section 4.2, (1) expenditures for Maintenance in excess of those expenditures that ARI, in the exercise of its sole cost and expensereasonable commercial judgment, would make if the relevant Cars were owned by it, shall maintain and ----------- keep in good repair all portions of the Premises, including without limitation the roof, foundation and the concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall not be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. 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 redeliver possession of the Premises in as good condition as at the commencement of the term of this Agreement, reasonable wear and tear only excepted. Lessee shall not construct or install any signs on the Premises made without the prior written consent of LessorARL unless such Maintenance is required pursuant to applicable law or the rules and regulations of any Regulatory Authority and (2) unless required pursuant to applicable law or the rules and regulations of any Regulatory Authority or consented to in writing by ARL, no action shall be taken hereunder by ARI, regardless of cost, that reduces the value or utility of any Car. Any Maintenance shall include, without limitation, all maintenance, repairs, servicing, painting, alterations, modifications, improvements or additions to the Cars in order to meet any of the foregoing standards. Maintenance also shall include sales of railcar materials and parts requested by railroads, mobile units, mini-shops or ARL. Simultaneously with the execution and delivery of this Agreement, ARL shall provide ARI with guidelines with respect to certain Cars, which guidelines may be amended by ARL from time to time. In the event that Maintenance is to be provided in respect of any Car covered by such signs placed guidelines, ARI shall notify ARL prior to the performance of such Maintenance. ARI shall also periodically inspect the Cars as it deems reasonably necessary in order to determine whether the Cars are being properly used and maintained and shall notify ARL promptly upon obtaining actual knowledge of (i) damage or wear and tear or contamination or other effect on any Car that makes repair or continued operation uneconomic or renders such Car unfit for commercial use, (ii) destruction of any Car that constitutes a total loss, (iii) the taking or appropriating of title to any Car by any Governmental Authority under the power of eminent domain or otherwise, (iv) the taking or requisitioning of any Car for use by any Governmental Authority under the power of eminent domain or otherwise for a period of more than forty five (45) consecutive days, (v) the occurrence of any other event that would cause any Car to be taken out of service for more than forty five (45) consecutive days, or (vi) the imposition of any new law or any rules or regulations by any Regulatory Authority that may have a material impact on the Premises by Lessee revenues or expenses relating to the Cars. Should unusual wear, premature failure or other such events require any Cars to be taken out of service or be subject to unusually high Maintenance costs, ARI will inform ARL of any special engineering investigations or other expenses required in connection therewith, and will advise ARL of the cost of such investigations prior to performing necessary work. Such investigations shall be performed at ARL’s expense, but shall not be commenced without ARL’s prior written approval. (b) Maintenance may be performed by ARI or third Persons as may be designated by ARL from time-to-time. All other services to be provided by ARI under this Agreement shall be performed by ARI unless otherwise consented to in writing by ARL. (c) If material supplied by ARI or work performed by it is found to be defective, ARL shall notify ARI and remain ARL shall have the property right to require the prompt correction thereof by ARI at ARI’s expense and responsibility risk or, at ARL’s option, ARL may correct the work or have the same corrected, charging ARI for the cost of Lesseemaking such correction. Such correction shall not affect ARI’s warranty pursuant to Section 4.1(d). If correction of such work is impractical, in the opinion of ARL, ARI shall bear all risk after notice of rejection and ARI will, if requested in writing to do so by ARL, at ARI’s expense, promptly replace such work or the parts thereof that are defective or, if ARI fails to replace promptly such work or parts, ARL may by contract or otherwise replace such work or such parts and charge ARI the excess cost occasioned to ARL thereby. In lieu of the foregoing, ARL may reject and/or return any defective work or materials and ARI shall refund to ARL any payment made therefor. (d) ARI warrants to ARL that (i) all labor furnished to ARL hereunder shall be performed in a workmanlike manner, (ii) all parts furnished to ARL hereunder that are designed by ARI shall be free from all defects in design and materials, and Lessee shall cause (iii) all parts furnished to be removed from said Premises any ARL hereunder that are designed by ARL 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 manufactured by ARI shall be approved by Lessor prior free from all defects in materials. ARI agrees that this warranty shall survive acceptance of and payment for such Maintenance. In the event that ARL requests that ARI obtain any parts from a third party, ARI shall assign to placement on ARL any warranties obtained from such third party in respect of such parts or, if such third party warranties are not assignable, shall cooperate with ARL so as to afford ARL the Premises. Lessee shall be responsible for keeping the paved parking area benefit 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 for debrissuch third party warranties.

Appears in 1 contract

Sources: Railcar Servicing Agreement (American Railcar Industries, Inc./De)