Mold. (i) Because mold spores are present essentially everywhere and mold can grow in almost any moist location, Tenant acknowledges the necessity of adopting and enforcing good housekeeping practices, ventilation and vigilant moisture control within the Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”). Tenant shall, at its sole cos; and expense, keep and maintain the Premises in good order and condition in accordance with the Mold Prevention Practices and acknowledges that the control of moisture and prevention of mold within the Premises are integral to its obligations under the Lease. (ii) Tenant, at its sole cost and expense, shall (a) regularly monitor the Premises for the presence of mold and any conditions that reasonably can be expected to give rise to or be attributed to mold including, but not limited to, observed or suspected instances of water damage, condensation, seepage, leaks, or any other water collection or penetration (from any source, internal or external), mold growth, mildew, repeated complaints of respiratory ailments or eye irritation by Tenant’s employees or any other occupants of the Premises, or any notice from a governmental agency of complaints regarding the indoor air quality at the Premises (the “Mold Conditions”); and (b) immediately notify Landlord in writing if it observes, suspects, has reason to believe mold or Mold Conditions are present in, at, or about the Premises. (iii) In the event of suspected mold or Mold Conditions in, at, or about the Premises and surroundings areas, Landlord may cause an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present in, at, or about the Premises. (iv) Tenant releases and relieves Landlord from any and all liability for bodily injury and damage to property, waives any and all claims against Landlord, and assumes all risk of personal injury and property damage related to or allegedly caused by or associated with any mold or Mold Conditions, arising after the Commencement Date, in or on the Premises unless the mold or Mold Conditions arise from the conduct of another tenant or from areas outside of the Premises.
Appears in 2 contracts
Sources: Office Lease (Twilio Inc), Office Lease (Twilio Inc)
Mold. (i) Because mold spores are present essentially everywhere and mold can grow in almost any moist location, Tenant acknowledges the necessity of adopting and enforcing good housekeeping practices, ventilation and vigilant moisture control within the Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”). Tenant shallWithout limiting its obligations, Tenant, at its sole cos; and expense, shall keep and maintain the Premises in good order and condition in accordance with the Mold Prevention Practices and acknowledges that the control of moisture moisture, and prevention of mold within the Premises Premises, are integral to its obligations under this Lease. Without limiting the Lease.
(ii) foregoing, Tenant, at its sole cost and expense, shall (a) regularly monitor the Premises for the presence of mold and any other conditions that reasonably can be expected to give rise to cause or be attributed to result from mold includingor fungus, but not limited to, including observed or suspected instances of water damage, condensation, seepage, leaks, leaks or any other water collection or penetration (from any source, internal or external), mold growth, mildew, repeated complaints of respiratory ailments or eye irritation by Tenant’s employees or any other occupants of the Premises, or any notice from a governmental agency of complaints regarding the indoor air quality at the Premises (the collectively, “Mold Conditions”); and (b) immediately notify Landlord in writing if it observes, suspects, has reason to believe mold or that any Mold Conditions are present in, at, or about Condition exists at the Premises.
(iii) In . If Landlord has reason to suspect that any Mold Condition exists at the event of suspected mold or Mold Conditions in, at, or about the Premises and surroundings areasPremises, Landlord may cause perform an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present in, at, or about the Premiseswhether such suspicion is correct.
(iv) Tenant releases and relieves Landlord from any and all liability for bodily injury and damage to property, waives any and all claims against Landlord, and assumes all risk of personal injury and property damage related to or allegedly caused by or associated with any mold or Mold Conditions, arising after the Commencement Date, in or on the Premises unless the mold or Mold Conditions arise from the conduct of another tenant or from areas outside of the Premises.
Appears in 2 contracts
Sources: Office Lease (Ubiquiti Networks, Inc.), Office Lease (Ubiquiti Networks, Inc.)
Mold. (i) Because mold spores are present essentially everywhere and mold can grow in almost any moist location, Tenant acknowledges the necessity of adopting and enforcing good housekeeping practices, ventilation and vigilant moisture control within the Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”). Tenant shallWithout limiting its obligations, Tenant, at its sole cos; and expense, shall keep and maintain the Premises in good order and condition in accordance with the Mold Prevention Practices and acknowledges that the control of moisture moisture, and prevention of mold within the Premises Premises, are integral to its obligations under this Lease. Without limiting the Lease.
(ii) foregoing, Tenant, at its sole cost and expense, shall immediately notify Landlord if it observes, suspects or has reason to believe that any of the following exists or has occurred at the Premises: (a) regularly monitor the Premises for the presence of mold and or any conditions other condition that reasonably can be expected to give rise to cause or be attributed to result from mold includingor fungus, but not limited to, including observed or suspected instances of water damage, condensation, seepage, leaks, leaks or any other water collection or penetration (from any source, internal or external), mold growthgrowth or mildew (each, mildewa “Mold Condition”), or (b) repeated complaints of respiratory ailments or eye irritation by Tenant’s employees or any other occupants of the Premises, or any notice from a governmental agency of complaints regarding the indoor air quality at the Premises (the each, a “Mold ConditionsEvent”); and (b) immediately notify . If Landlord in writing if it observes, suspects, has reason to believe mold suspect that any Mold Condition exists or any Mold Conditions are present in, at, or about Event has occurred at the Premises.
(iii) In the event of suspected mold or Mold Conditions in, at, or about the Premises and surroundings areas, Landlord may cause perform an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present in, at, or about the Premiseswhether such suspicion is correct.
(iv) Tenant releases and relieves Landlord from any and all liability for bodily injury and damage to property, waives any and all claims against Landlord, and assumes all risk of personal injury and property damage related to or allegedly caused by or associated with any mold or Mold Conditions, arising after the Commencement Date, in or on the Premises unless the mold or Mold Conditions arise from the conduct of another tenant or from areas outside of the Premises.
Appears in 1 contract
Sources: Sublease Agreement (Model N, Inc.)
Mold. (i) Because mold spores are present essentially everywhere and mold can grow in almost any moist location, Tenant acknowledges the necessity of adopting and enforcing good housekeeping practices, ventilation and vigilant moisture control within the Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”). Tenant shallWithout limiting its obligations, Tenant, at its sole cos; and expense, shall keep and maintain the Premises in good order and condition in accordance with the Mold Prevention Practices and acknowledges that the control of moisture moisture, and prevention of mold within the Premises Premises, are integral to its obligations under this Lease. Without limiting the Lease.
(ii) foregoing, Tenant, at its sole cost and expense, shall (a) regularly monitor the Premises for the presence of mold and any other conditions that reasonably can be expected to give rise to cause or be attributed to result from mold includingor fungus, but not limited to, including observed or suspected instances of water damage, condensation, seepage, leaks, leaks or any other water collection or penetration (from any source, internal or external), mold growth, mildew, repeated complaints of respiratory ailments or eye irritation by Tenant’s employees or any other occupants of the Premises, or any notice from a governmental agency of complaints regarding the indoor air quality at the Premises (the collectively, “Mold Conditions”); and (b) immediately notify Landlord in writing if it observes, suspects, suspects or has reason to believe mold or that any Mold Conditions are present in, at, or about Condition exists at the Premises.
(iii) In . If Landlord has reason to suspect that any Mold Condition exists at the event of suspected mold or Mold Conditions in, at, or about the Premises and surroundings areasPremises, Landlord may cause perform an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present in, at, or about the Premiseswhether such suspicion is correct.
(iv) Tenant releases and relieves Landlord from any and all liability for bodily injury and damage to property, waives any and all claims against Landlord, and assumes all risk of personal injury and property damage related to or allegedly caused by or associated with any mold or Mold Conditions, arising after the Commencement Date, in or on the Premises unless the mold or Mold Conditions arise from the conduct of another tenant or from areas outside of the Premises.
Appears in 1 contract
Sources: Office Lease (Atmel Corp)
Mold. (ia) Because mold spores are present essentially everywhere and mold can grow in almost any moist location, Tenant acknowledges the necessity of adopting and enforcing good housekeeping practices, ventilation and vigilant moisture control within the Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”). Tenant shallwill, at its sole cos; cost and expense, expense keep and maintain the Premises in good order and condition in accordance with the Mold Prevention Practices and acknowledges that the control of moisture moisture, and prevention of mold within the Premises Premises, are integral to its obligations under the this Lease.
(iib) Tenant, at its sole cost and expense, shall shall:
(a1) regularly Regularly monitor the Premises for the presence of mold and any conditions that reasonably can be expected to give rise to or be attributed to mold or fungus including, but not limited to, observed or suspected instances of water damage, condensation, seepage, leaks, leaks or any other water collection or penetration (from any source, internal or external), mold growth, mildew, repeated complaints of respiratory ailments or eye irritation by Tenant’s employees or any other occupants of the Premises, or any notice from a governmental agency of complaints regarding the indoor air quality at the Premises (the “Mold Conditions”); and and
(b2) immediately Immediately notify Landlord in writing if it observes, suspects, has reason to believe mold or Mold Conditions are present in, at, or about at the Premises.
(iiic) In the event of suspected mold or Mold Conditions in, at, or about at the Premises and surroundings areasPremises, Landlord may cause an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present in, at, or about at the Premises.
(iv) Tenant releases and relieves Landlord from any and all liability for bodily injury and damage to property, waives any and all claims against Landlord, and assumes all risk of personal injury and property damage related to or allegedly caused by or associated with any mold or Mold Conditions, arising after the Commencement Date, in or on the Premises unless the mold or Mold Conditions arise from the conduct of another tenant or from areas outside of the Premises.
Appears in 1 contract
Sources: Office Lease (ShoreTel Inc)
Mold. (i) Because mold spores are present essentially everywhere and mold can grow in almost any moist location, Tenant acknowledges the necessity of adopting and enforcing good reasonable housekeeping practices, ventilation and vigilant moisture control within the Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”). Tenant shallWithout limiting its obligations, Tenant, at its sole cos; and expense, shall keep and maintain the Premises in good order and condition in accordance with the Mold Prevention Practices and acknowledges that the control of moisture moisture, and prevention of mold within the Premises Premises, are integral to its obligations under this Lease. Without limiting the Lease.
(ii) foregoing, Tenant, at its sole cost and expense, shall promptly notify Landlord if it observes, suspects or has reason to believe that any of the following exists or has occurred at the Premises: (a) regularly monitor the Premises for the presence of mold and or any conditions other condition that reasonably can be expected to give rise to cause or be attributed to result from mold includingor fungus, but not limited to, including observed or suspected instances of water damage, condensation, seepage, leaks, leaks or any other water collection or penetration (from any source, internal or external), mold growth, growth or mildew, in each case to a material extent (each, a “Mold Condition”), or (b) repeated complaints of respiratory ailments or eye irritation by Tenant’s employees or any other occupants of the Premises, or any notice from a governmental agency of complaints regarding the indoor air quality at the Premises (the each, a “Mold ConditionsEvent”); and (b) immediately notify . If Landlord in writing if it observes, suspects, has reason to believe mold suspect that any Mold Condition exists or any Mold Conditions are present in, at, or about Event has occurred at the Premises.
(iii) In the event of suspected mold or Mold Conditions in, atLandlord, or about the Premises and surroundings areassubject to Section 18, Landlord may cause perform an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present in, at, or about the Premiseswhether such suspicion is correct.
(iv) Tenant releases and relieves Landlord from any and all liability for bodily injury and damage to property, waives any and all claims against Landlord, and assumes all risk of personal injury and property damage related to or allegedly caused by or associated with any mold or Mold Conditions, arising after the Commencement Date, in or on the Premises unless the mold or Mold Conditions arise from the conduct of another tenant or from areas outside of the Premises.
Appears in 1 contract
Sources: Office Lease (InvenSense Inc)
Mold. (ia) Because mold spores are present essentially everywhere and mold can grow in almost any moist location, Tenant acknowledges the necessity of adopting and enforcing good housekeeping practices, ventilation and vigilant moisture control within the Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”). Tenant shallwill, at its sole cos; cost and expense, expense keep and maintain the Premises in good order and condition in accordance with the Mold Prevention Practices and acknowledges that the control of moisture and prevention of mold within the Premises Premises, are integral to its obligations under the this Lease.
(iib) Tenant, at its sole cost and expense, shall shall:
(a1) regularly Regularly monitor the Premises for the presence of mold and any conditions that reasonably can be expected to give rise to or be attributed to mold or fungus including, but not limited to, observed or suspected instances of water damage, condensation, seepage, leaks, leaks or any other water collection or penetration (from any source, internal or external), mold growth, mildew, repeated complaints of respiratory ailments or eye irritation by Tenant’s employees or any other occupants of the Premises, or any notice from a governmental agency of complaints regarding the indoor air quality at the Premises (the “Mold Conditions”); and and
(b2) immediately Immediately notify Landlord in writing if it observes, suspects, has reason to believe mold or Mold Conditions are present in, at, or about at the Premises.
(iiic) In the event of suspected mold or Mold Conditions in, at, or about at the Premises and surroundings areasPremises, Landlord may cause an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present in, at, or about at the Premises.
(iv) Tenant releases and relieves Landlord from any and all liability for bodily injury and damage to property, waives any and all claims against Landlord, and assumes all risk of personal injury and property damage related to or allegedly caused by or associated with any mold or Mold Conditions, arising after the Commencement Date, in or on the Premises unless the mold or Mold Conditions arise from the conduct of another tenant or from areas outside of the Premises.
Appears in 1 contract
Sources: Office Lease (KBS Real Estate Investment Trust II, Inc.)