Common use of Repair Clause in Contracts

Repair. a. Except as specifically provided in this Lease, following completion of the Pre-Delivery Work and the Overlap Work, Tenant accepts the Premises as being in good condition and repair. Tenant, at Tenant’s sole cost and expense, shall keep the Premises and every part thereof (including the interior walls and drop ceilings of the Premises, those portions of the Base Building located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor), and improvements and Alterations) in good condition and repair; provided that Tenant shall not be responsible for repairs to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligation pursuant to Paragraph 10.b. below. Tenant waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement now or hereafter in effect. It is specifically understood and agreed that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant. Tenant hereby waives the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and of any similar Legal Requirement now or hereafter in effect. b. Repairs to the Premises due to fire, earthquake, acts of God or the elements shall be governed by Paragraph 26 below, and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below). Further, Landlord shall, at Landlord’s sole cost and expense, repair and maintain in good condition and repair the Base Building and Building Systems and cause them to comply with the standards of operation that are required as a part of Landlord’s Work (as set forth in Exhibit D hereto), except that, as to portions of the Building Systems that are located within and exclusively serve the Premises, Landlord shall only be required to maintain and repair the same during the first twelve (12) months following the Commencement Date and only if Tenant gives notice of disrepair to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the Building Systems after the end of such twelve (12) month period being covered by Paragraph 10.a. above); provided, however, that to the extent repairs which Landlord is required to make pursuant to the foregoing are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to the Premises.

Appears in 2 contracts

Sources: Office Lease (Twitter, Inc.), Office Lease (Twitter, Inc.)

Repair. a. Except as specifically provided Upon completion of a walk-through inspection with Landlord at the commencement of the Term, Tenant acknowledges that Tenant has thoroughly inspected and accepts the Premises subject to all applicable laws, ordinances and regulations and agrees that the Premises are in this Leasegood, sanitary order, condition and repair, except for any item on the punch list prepared following substantial completion of the Pre-Delivery Work Improvements, if any are to be constructed under paragraph 10.1 hereof, by the contractor at that time, and subject to Landlord's obligation to promptly correct any deficiencies in the Overlap Workwork required pursuant to Section 10.1 which Tenant may note during such inspection, and further subject to the obligation of Landlord to remedy latent defects in the work done pursuant to the Drawings and Specifications of which Tenant accepts gives Landlord written notice within one year following commencement of the Premises as being in good condition and repairTerm. Tenant, at Tenant’s 's sole cost and expense, shall agrees to keep the Premises and every part thereof (including the interior walls its own trade fixtures and drop ceilings of the Premises, those portions of the Base Building located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor), and improvements and Alterationspersonal property) in good condition and repair; provided , except that Tenant Landlord shall not be responsible for repairs to maintain and repair the structure of the Building, the Common Areas, the electrical and other utility systems of the Building up to the extent such repairs are (i) necessitated by point of connection with the negligence or willful misconduct systems exclusively serving the Premises, and the restrooms of Landlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligation pursuant to Paragraph 10.b. belowthe Demised Premises. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement law, statute or ordinance now or hereafter in effect, or to offset the cost thereof against Rent. It is specifically understood and agreed that, except as specifically set forth in this Lease, that Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or and paint the Premises or any part thereofthereof and, except as expressly set forth in the Drawings and that Specifications and in this paragraph, no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant. Tenant hereby waives the provisions of California Civil Code Sections 1932(1)If, 1941 and 1942 and of in an emergency, it shall become necessary to make promptly any similar Legal Requirement now repairs or hereafter in effect. b. Repairs replacements required to be made by Tenant, Landlord may, without notice, enter the Premises due and proceed forthwith to firehave the repairs or replacements made and pay the cost thereof. Within thirty (30) days after Landlord renders a ▇▇▇▇ therefor, earthquake, acts of God or the elements shall be governed by Paragraph 26 below, and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below). Further, Landlord shall, at Landlord’s sole cost and expense, repair and maintain in good condition and repair the Base Building and Building Systems and cause them to comply with the standards of operation that are required as a part of Landlord’s Work (as set forth in Exhibit D hereto), except that, as to portions of the Building Systems that are located within and exclusively serve the Premises, Landlord shall only be required to maintain and repair the same during the first twelve (12) months following the Commencement Date and only if Tenant gives notice of disrepair to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the Building Systems after the end of such twelve (12) month period being covered by Paragraph 10.a. above); provided, however, that to the extent repairs which Landlord is required to make pursuant to the foregoing are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair to making the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to the Premisesrepairs.

Appears in 2 contracts

Sources: Lease (Daily Journal Corp), Lease (Daily Journal Corp)

Repair. a. Except as specifically provided in this Lease, following completion (a) By entry hereunder upon commencement of the Pre-Delivery Work and the Overlap Workterm hereof, Tenant accepts the Premises as being in good good, sanitary order, condition and repair. Tenant, at Tenant’s 's sole cost and expense, shall keep the interior of the Premises and every part thereof (including the interior walls Building electrical and drop ceilings of the Premises, those portions of the Base Building located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor), and improvements and Alterations) plumbing systems in good condition and repair; provided that working order at all times. Tenant shall not be responsible for repairs to providing its own janitorial services for the extent such repairs are (i) necessitated by Premises and all other matters concerning day-to-day maintenance of the negligence or willful misconduct interior of Landlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligation pursuant to Paragraph 10.b. belowthe Building. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement law, statute or ordinance now or hereafter hereinafter in effect. It is specifically understood and agreed that, except as specifically set forth in this Lease, that Landlord has no obligation and has made no promises to alter, remodel, improve, repairor repair the building systems which are the responsibility of the Tenant (i.e. plumbing and electrical), or to decorate or paint the Premises or any part thereof, thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to TenantTenant except as specifically herein set forth. Tenant hereby waives all rights under, and benefits of, subsection 1 of section 1932 and sections 1941 and 1942 of the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and of under any similar Legal Requirement law, statute or ordinance now or hereafter in effect. b. Repairs (b) If Landlord makes any additions, alterations or improvements to any portion of the Real Property at the written request of Tenant, then Tenant shall pay all cost and expense of same as if it were being done on the Premises due pursuant to Paragraph 9 and Landlord at its option may charge Tenant for the entire additional cost and expense of repair, maintenance and operation of the Real Property resulting therefrom incurred by Landlord from time to time as determined by Landlord, damage to any such additions, alterations or improvements by fire, earthquake, acts act of God God, or elements excepted. Tenant shall promptly pay Landlord such cost and expense upon demand. (c) Notwithstanding any of the elements terms of Paragraph 10(a) of the Lease to the contrary, Tenant's acceptance of the Premises shall be governed by Paragraph 26 below, subject to Landlord's completion of any punchlist items within sixty (60) days after the commencement of the Agreed Initial Term and repairs to Landlord's obligation to balance and adjust the HVAC and other building systems in the Premises due to a governmental taking shall be governed by Paragraph 27 belowafter Tenant takes occupancy. Landlord shall remain obligated to repair any latent defects in the Premises if they are damaged due to item and the Building, except for the electrical and plumbing systems. (id) described in Paragraph 10.a. above (subject to Paragraph 16 below). Further, Landlord shall, at Landlord’s 's sole cost and expense, repair and maintain in good condition order and condition, the foundations, bearing and exterior walls, the roof and roof membrane and other structural portions of the Building. Landlord shall also repair and maintain in good working order the Base Building heating, ventilation and Building Systems air conditioning system and cause them elevator serving the Premises (except that Tenant shall be responsible for cleaning the elevator cab). With respect to comply with the standards repair and maintenance of operation that the HVAC system and elevator: (1) any service contracts therefore shall be included within the definition of Operating Expense (which are required the two (2) items contemplated at the time this Lease is made, as a part of Landlord’s Work (being "unduly" low as set forth in Exhibit D hereto), except that, as to portions Paragraph 7(b) and (ii) any capital items of repair or replacement may be included in Operating Expense on an amortized basis in the Building Systems that are located within and exclusively serve the Premises, Landlord shall only be required to maintain and repair the same during the first twelve (12manner provided in Paragraph 7(a) months following the Commencement Date and only if Tenant gives notice of disrepair to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the Building Systems after the end of such twelve (12) month period being covered by Paragraph 10.a. above); provided, however, that to the extent repairs which Landlord is required to make pursuant to the foregoing are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s agents, employees or contractors, then Tenant shall reimburse Landlord for the cost amortization of such repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to the Premisesother capital items described therein.

Appears in 2 contracts

Sources: Lease (Montgomery Realty Group Inc), Lease (Montgomery Realty Group Inc)

Repair. a. Except as specifically provided in this LeaseSubject to Paragraph 10.b. below and Landlord's obligations under Paragraphs 3, following completion 4 and 8.b. above, by taking possession of the Pre-Delivery Work and the Overlap WorkPremises, Tenant accepts agrees that the Premises as being are in good condition and repair. Tenant, at Tenant’s 's sole cost and expense, shall keep the Premises and every part thereof (including the interior walls and drop ceilings of the Premises, those portions of the Base Building located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor), and improvements and Alterations) in good condition and repair; provided that Tenant shall not be responsible for repairs to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord or Landlord’s 's agents, employees or contractors, or (ii) Landlord’s 's obligation pursuant to Paragraph 10.b. below. Tenant waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement now or hereafter in effect. It is specifically understood and agreed that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant. Tenant hereby waives the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and of any similar Legal Requirement now or hereafter in effect. b. Repairs to the Premises due to necessitated because of fire, earthquake, acts act of God or the elements shall be governed by Paragraph 26 below, and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below)above. Further, Landlord shall, at Landlord’s sole cost and expense, shall repair and maintain in good condition and repair the Base Building and Building Systems and cause them to comply with the standards of operation that are required as a part of Landlord’s Work (as set forth defined in Exhibit D hereto), except that, as to portions the last sentence of the Building Systems that are located within and exclusively serve the Premises, Landlord shall only be required to maintain and repair the same during the first twelve (12) months following the Commencement Date and only if Tenant gives notice of disrepair to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the Building Systems after the end of such twelve (12) month period being covered by Paragraph 10.a8.b. above); provided, however, that to the extent repairs which Landlord is required to make pursuant to the foregoing above are necessitated by the negligence or deliberate willful misconduct of Tenant or Tenant’s 's agents, employees or contractors, or are due to Alterations performed by or for Tenant, then Tenant shall reimburse Landlord for the cost of such repair within thirty (30) days after Landlord's demand (accompanied by invoices or other reasonable documentation supporting such costs) to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any ordinary wear and tear to the Premises. Landlord shall repair and maintain the Real Property in accordance with the foregoing provisions to the standards of other first-class high-rise office buildings in downtown Oakland (including buildings not owned or managed by Landlord or any affiliate thereof), and shall perform all such repairs and maintenance with reasonable diligence (taking into account the nature and urgency of the work) after receiving notice or otherwise obtaining actual knowledge of the need for the same.

Appears in 1 contract

Sources: Office Lease (Ask Jeeves Inc)

Repair. a. Except as specifically provided in this Lease, following completion By taking possession of the Pre-Delivery Work and the Overlap WorkPremises, Tenant accepts agrees that the Premises as being are in good condition and repair. Tenant, at Tenant’s 's sole cost and expense, shall keep the Premises and every part thereof (including the interior walls and drop ceilings of the Premises, those portions of the Base Building systems located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor)Premises, and improvements and Alterations) in good condition and repair; provided that Tenant shall not be responsible for repairs to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligation pursuant to Paragraph 10.b. below. Tenant waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement now or hereafter in effect. It is specifically understood and agreed that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant. Tenant hereby waives the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and of any similar Legal Requirement now or hereafter in effect. b. Repairs to the Premises due to fire, earthquake, acts of God or the elements shall be governed by Paragraph 26 below, and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below). Further, Landlord shall, at Landlord’s sole cost and expense, repair and maintain in good condition and repair the Base Building and (other than the portions of Building Systems and cause them to comply with the standards of operation systems that are required as a part of Landlord’s Work (as set forth in Exhibit D hereto), except that, as to portions of the Building Systems that are located within and exclusively serve the Premises, Landlord shall only be required Tenant's responsibility to maintain and repair the same during the first twelve (12) months following the Commencement Date and only if Tenant gives notice of disrepair pursuant to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the Building Systems after the end of such twelve (12) month period being covered by Paragraph 10.a. above)) and common areas of the Real Property; provided, however, that to the extent repairs which Landlord is required to make pursuant to the foregoing this Paragraph 10.b. are necessitated by the negligence or deliberate willful misconduct of Tenant or Tenant’s 's agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair within thirty (30) days after Landlord's demand to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any ordinary wear and tear to the Premises. Landlord shall repair and maintain the Real Property in accordance with the foregoing provisions to the standards of other first-class high-rise office buildings in the San Francisco financial district.

Appears in 1 contract

Sources: Office Lease (Embarcadero Technologies Inc)

Repair. a. Except as specifically provided in this Lease, following completion of the Pre-Delivery Work and the Overlap Work, 7.1 Tenant accepts the Premises as being in good order, condition and repair. Tenant, at Tenant’s sole cost repair and expense, shall keep in the Premises and every part thereof (including the interior walls and drop ceilings of the Premises, those portions of the Base Building located within and exclusively serving the Premises (including Base Building restrooms located on floors on condition in which the Premises are comprised of the full floor), and improvements and Alterations) in good condition and repair; provided that Tenant shall not be responsible for repairs Landlord is obligated to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligation pursuant to Paragraph 10.b. below. Tenant waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement now or hereafter in effectdeliver them. It is specifically hereby understood and agreed that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Lease. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. 7.2 Tenant hereby waives and releases its right to make repairs at Landlord's expense under Section 1941 and 1942 of the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and its right to terminate the Lease under Section 1932(l) of the California Civil Code or under any similar Legal Requirement law, statute or ordinance now or hereafter in effect. b. Repairs to 7.3 Except as otherwise provided in Section 7.6, Tenant shall at its own cost and expense keep and maintain all parts of the Building and improvements in good condition, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original (including, but not limited to, repair and replacement of all fixtures installed by Tenant's water heaters exclusively serving the Premises, windows, glass and plate glass, doors, exterior stairs, skylights, any special office entries, interior walls and finish work, floors and floor coverings, heating and air conditioning systems exclusively serving the Premises, electrical systems and fixtures, sprinkler systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, and performance of regular removal of trash and debris). Tenant, as part of its obligations hereunder shall keep the Premises in a clean and sanitary condition. Tenant will, as far as possible keep all such parts of the Premises from deterioration due to fire, earthquake, acts ordinary wear and tear falling temporarily out of God or the elements shall be governed by Paragraph 26 belowrepair, and repairs to upon termination of this Lease in any way Tenant will yield up the Premises due to a governmental taking shall be governed Landlord in good condition and repair, loss by Paragraph 27 below. Landlord shall repair the Premises if they are damaged due fire or other casualty excepted (but not excepting any damage to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 belowglass). Further, Landlord Tenant shall, at Landlord’s sole its own cost and expense, repair any damage to the Premises or the Building resulting from and/or caused in whole or in part by the negligence or misconduct of Tenant, its agents, employees, invitees, or any other person entering upon the Premises as a result of Tenant's business activities or caused by Tenant's default hereunder. 7.4 Except as provided in Articles 22 and 23, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenants business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect. 7.5 Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing all heating and air conditioning systems and equipment serving the Premises (and a copy thereof shall be furnished to Landlord). The service contract must include all services suggested by the equipment manufacturer in the operation/maintenance manual and must become effective within thirty (30) days of the date Tenant takes possession of the Premises. Landlord may, upon notice to Tenant, enter into such a maintenance/ service contract on behalf of Tenant, or perform the work and in either case, charge Tenant the cost thereof along with a reasonable amount for Landlord's overhead. Notwithstanding any terms in the preceding to the contrary, Tenant has requested, and Landlord has agreed, to initially waive the requirement that Tenant enter into a service contract; however, if Landlord at any time during the Term determines that any of the heating and air conditioning systems servicing the Premises are not being maintained in good condition and repair, Landlord's waiver shall be of no further force or effect and Tenant shall thereafter comply with the provisions of this Section 7.5 (other than this sentence) and Landlord shall have all rights hereunder if Tenant fails to so comply. 7.6 Landlord shall, subject to receiving Tenants Proportionate Share of Direct Expenses, and subject to the last sentence of Section 7.3, Article 22 and Article 23, maintain in good condition and repair the Base Building and Building Systems and cause them to comply with the standards of operation that are required roof (excluding any skylights, but including as a part of Landlord’s Work (as set forth in Exhibit D heretoneeded any replacement thereof), except that, as to portions exterior walls and foundation of the Building Systems that are located within and exclusively serve paint the Premisesexterior of the Building and clean the exterior windows of the Building as and when such painting or window cleaning, as the case may be, becomes necessary in Landlord's sole discretion. Landlord shall only not be required to maintain make any repairs to the roof, exterior walls or foundation unless and repair the same during the first twelve (12) months following the Commencement Date and only if until Tenant gives notice of disrepair to has notified Landlord promptly upon discovery by Tenant (with disrepair of such portions in writing of the Building Systems after need for such repair and Landlord shall have a reasonable period of time thereafter to commence and complete such repair, if warranted. The cost of any maintenance and repairs on the end part of such twelve (12) month period being covered by Paragraph 10.a. above); providedLandlord provided for in this Section 7.6 shall be considered part of Direct Expenses, however, that except to the extent excluded therefrom under Section 4.1.2 and except that repairs which Landlord is required to make pursuant deems arise out of any improvements or alterations made by or on behalf of Tenant to the foregoing are necessitated by Premises or the negligence or deliberate willful misconduct of Tenant or any of its employees, agents or contractors shall be made at the expense of Tenant’s agents, employees or contractors, then Tenant . Landlord's obligations to so repair and maintain the Premises shall reimburse Landlord for be limited to the cost of effecting such repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall and maintenance and in no event shall Landlord be obligated to repair liable for any wear and tear to the Premisescosts or expenses in excess of said amounts, including, but not limited to, any consequential damages, opportunity costs or lost profits incurred or suffered by Tenant.

Appears in 1 contract

Sources: Lease Agreement (HMT Technology Corp)

Repair. a. Except as specifically provided in this Lease, following completion of the Pre-Delivery Work and the Overlap Work, Tenant accepts the Premises as being in good condition and repair. Tenant, at Tenant’s sole cost and expense, 7.1 Landlord shall keep the Premises and every part thereof (including the interior walls and drop ceilings of the Premises, those portions of the Base Building located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor), and improvements and Alterations) in good condition and repair; provided that Tenant shall not be responsible for repairs to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligation pursuant to Paragraph 10.b. below. Tenant waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement now or hereafter in effect. It is specifically understood and agreed that, except as specifically set forth in this Lease, Landlord has have no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or any part thereofPremises, except as specified in Exhibit B if attached to this Lease and except that Landlord shall repair and maintain the structural portions of the roof, walls and foundation of the Building. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair and in the condition in which Landlord is obligated to deliver them. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Lease. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. 7.2 Tenant hereby waives and releases tits right to make repairs at Landlord's expense under Section 1941 and 1942 of the provisions of California Civil Code Sections and its right to terminate the Lease under Section 1932(1), 1941 and 1942 and ) of the California Civil Code or under any similar Legal Requirement law, statute or ordinance now or hereafter in effect. b. Repairs to 7.3 Tenant shall at its own costs and expense keep and maintain all parts of the Premises and such portion of the Building and improvements as are within the exclusive control of Tenant in good condition, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original (including, but not limited to, repair and replacement of all fixtures installed by Tenant, water heaters serving the Premises, windows, glass and plate glass, doors, exterior stairs, skylights any special office entries, interior walls and finish work, floors and floor coverings, heating and air conditioning systems serving the Premises, electrical systems and fixtures, sprinkler systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, and performance of regular removal of trash and debris). Tenant as part of its obligations hereunder shall keep the Premises in a clean and sanitary condition. Tenant will, as far as possible keep all such parts of the Premises from deterioration due to fire, earthquake, acts ordinary wear and from falling temporarily out of God or the elements shall be governed by Paragraph 26 belowrepair, and repairs to upon termination of this Lease in any way Tenant will yield up the Premises due to a governmental taking shall be governed Landlord in good condition and repair, loss by Paragraph 27 below. Landlord shall repair the Premises if they are damaged due fire or other casualty excepted (but not excepting any damage to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 belowglass). Further, Landlord Tenant shall, at Landlord’s sole its own cost and expense, repair and maintain in good condition and repair any damage to the Base Building and Building Systems and cause them to comply with the standards of operation that are required as a part of Landlord’s Work (as set forth in Exhibit D hereto), except that, as to portions of Premises or the Building Systems that are located within and exclusively serve the Premises, Landlord shall only be required to maintain and repair the same during the first twelve (12) months following the Commencement Date and only if Tenant gives notice of disrepair to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the Building Systems after the end of such twelve (12) month period being covered by Paragraph 10.a. above); provided, however, that to the extent repairs which Landlord is required to make pursuant to the foregoing are necessitated resulting from and/or caused in whole or in part by the negligence or deliberate misconduct of Tenant, its agents, employees, invitees, or any other person entering upon the Premises as a result of Tenant's business activities or caused by Tenant's default hereunder. 7.4 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect. 7.5 Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing all heating and air conditioning systems and equipment serving the Premises (and a copy thereof shall be furnished to Landlord). The service contract must include all services suggested by the equipment manufacturer in the operation/maintenance manual and must become effective within thirty (30) days of the date Tenant takes possession of the Premises. Landlord may, upon notice to Tenant, enter into such a maintenance/service contract on behalf of Tenant or Tenant’s agentsperform the work and in either case, employees or contractorscharge Tenant the cost thereof along with a reasonable amount for Landlord's overhead. 7.6 Landlord shall coordinate any repairs and other maintenance of any railroad tracks serving the Building and, then if Tenant uses such rail tracks, Tenant shall reimburse Landlord or the railroad company from time to time upon demand, as additional rent, for its share of the cost costs of such repair and maintenance and for any other sums specified in any agreement to which Landlord or Tenant is a party respecting such tracks, such costs to be borne proportionately by all tenants in the extent Landlord is not reimbursed therefor Building using such rail tracks, based upon the actual number of rail cars shipped and received by insurance. Landlord shall in no event be obligated to repair any wear and tear to such tenant during each calendar year during the PremisesTerm.

Appears in 1 contract

Sources: Lease (Biex Inc)

Repair. a. Except as specifically provided To repair in this Leasea fast class manner the Leased Premises, following completion reasonable wear and tear and damage by fire, lightning and tempest and other casualty against which the Landlord is insured only excepted and the Landlord may enter and view the state of repair, and the said Tenant will repair according to notice, reasonable wear and tear and damage by fire, lightning and tempest and other casualty against which the Landlord is insured only excepted and that it will keep and leave the Leased Premises in good repair, reasonable wear and tear and damage by fire, lighting and tempest and other casualty against which the Landlord is insured only excepted. If the Buildings, the elevators, boilers, engines, pipes and other apparatus (or any of them) used for the purpose of heating or air conditioning the Buildings or operating the elevators, or if the water pipes, drainage pipes, electric lighting or other equipment of the Pre-Delivery Work Buildings or the roof or outside walls become damaged or destroyed through negligence, carelessness or misuse by the Tenant, his servants, agents, employees, or anyone permitted by him to be to the Buildings, or through him or them in anyway damaging the heating apparatus, elevators, water pipes, drainage pipes or other equipment or part of the Buildings, the expense of the necessary repairs, replacements or alterations shall be borne by the Tenant who shall pay them to the Landlord forthwith on demand, If the Tenant should fail to repair in accordance with the provisions hereof, the Landlord, its agents or employees may forthwith enter the Leased Premises and make the required repairs and for that purpose the Landlord may bring and leave upon the Leased Premises all necessary tools, materials and equipment, and the Overlap WorkLandlord will not be liable to the Tenant for any inconvenience, annoyance or loss of business or any injury or damages suffered by the Tenant accepts the Premises as being in good condition and repair. Tenant, at Tenant’s sole cost and expense, shall keep the Premises and every part thereof (including the interior walls and drop ceilings by reason of the Premises, those portions of the Base Building located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor), and improvements and Alterations) in good condition and repair; provided that Tenant shall not be responsible for repairs to the extent Landlord effecting such repairs are (i) necessitated unless caused by the negligence of the Landlord, its agents or willful misconduct of Landlord or Landlord’s agentsemployees, employees or contractors, or (ii) Landlord’s obligation pursuant to Paragraph 10.b. below. Tenant waives all rights to make repairs at and the expense of Landlord as provided such repairs will be borne by any Legal Requirement now or hereafter in effect. It is specifically understood and agreed that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant. Tenant hereby waives the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and of any similar Legal Requirement now or hereafter in effect. b. Repairs who shall pay it to the Premises due to fire, earthquake, acts of God or the elements shall be governed by Paragraph 26 below, and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below). Further, Landlord shall, at Landlord’s sole cost and expense, repair and maintain in good condition and repair the Base Building and Building Systems and cause them to comply with the standards of operation that are required as a part of Landlord’s Work (as set forth in Exhibit D hereto), except that, as to portions of the Building Systems that are located within and exclusively serve the Premises, Landlord shall only be required to maintain and repair the same during the first twelve (12) months following the Commencement Date and only if Tenant gives notice of disrepair to Landlord promptly forthwith upon discovery by Tenant (with disrepair of such portions of the Building Systems after the end of such twelve (12) month period being covered by Paragraph 10.a. above); provided, however, that to the extent repairs which Landlord is required to make pursuant to the foregoing are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to the Premisesdemand.

Appears in 1 contract

Sources: Lease Agreement (Active Network Inc)

Repair. a. Except as specifically provided in this Lease, following completion By taking possession of the Pre-Delivery Work and the Overlap WorkPremises, Tenant accepts agrees that the Premises as being are in good condition and repair. Tenant, at Tenant’s sole cost and expense, shall keep the Premises and every part thereof (including the interior walls and drop ceilings of the Premises, those portions of the Base Building systems located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor)Premises, and improvements and Alterations, and including, without limitation, dishwashers, garbage disposals, and insta-hot dispensers) in good condition and repairrepair (subject to ordinary wear and tear); provided that Tenant shall not be responsible for repairs to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligation obligations pursuant to Paragraph 10.b. below. Tenant waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement now or hereafter in effect. It is specifically understood and agreed that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant. Tenant hereby waives the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and of any similar Legal Requirement now or hereafter in effect. b. Repairs to the Premises due to fire, earthquake, acts of God or the elements shall be governed by Paragraph 26 below, and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall (1) repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below). Further, Landlord shall, at Landlord’s sole cost and expense, (2) repair and maintain in good condition and repair the Base Building and Building Systems and cause them to comply with the standards of operation that are required as a part of Landlord’s Work (as set forth in Exhibit D hereto), except that, as to structural portions of the Building Systems and all Building systems, including plumbing, heating, electrical, life safety and other systems installed or furnished by Landlord (other than the portions of those systems that are located within and exclusively serve the Premises, Landlord shall only be required Tenant’s responsibility to maintain and repair the same during the first twelve (12) months following the Commencement Date and only if Tenant gives notice of disrepair pursuant to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the Building Systems after the end of such twelve (12) month period being covered by Paragraph 10.a. above); provided, howeverprovided that, that to the extent if repairs which Landlord is required to make pursuant to the foregoing under this item (2) are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to the Premises.

Appears in 1 contract

Sources: Office Lease (Cra International, Inc.)

Repair. a. Except as specifically provided in this Lease, following completion (a) Tenant shall take good care of the Pre-Delivery Work and the Overlap Work, Tenant accepts the Premises as being in good condition and repair. Tenantand, at Tenant’s sole 's cost and expense, shall keep make all repairs and replacements as and when Landlord deems necessary to preserve the Premises and every part thereof (including the interior walls and drop ceilings of the Premises, those portions of the Base Building located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor), and improvements and Alterations) in good working order and condition normal wear and repair; provided tear excepting, except that Tenant shall not be responsible for required to make any such structural repairs or structural replacements unless necessitated or occasioned by the acts, omissions or negligence of Tenant, or any of its employees, contractors, agents or invitees, or by the manner of Tenant's use or occupancy of the Premises (but then only to the extent such repairs are (i) necessitated not covered by Landlord's insurance). Landlord shall not be liable for and there shall be no abatement of Base Rental or Additional Charges with respect to any injury to or interference with ▇▇▇▇▇▇'s business arising from any repairs, maintenance, alteration or improvement in or to any portion of the negligence or willful misconduct of Landlord or Landlord’s agentsBuilding, employees or contractorsincluding the Premises, or (ii) Landlord’s obligation pursuant in or to Paragraph 10.b. belowthe fixtures, appurtenances and equipment therein. Tenant hereby waives all rights and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the expense of Landlord as provided by California Civil Code or under any Legal Requirement similar law, statute or ordinance now or hereafter in effect. It is specifically understood and agreed thatIn addition, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant. Tenant hereby waives and releases its right to terminate this Lease under Section 1932(1) of the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and of or under any similar Legal Requirement law, statute or ordinance now or hereafter in effect. b. Repairs to the Premises due to fire, earthquake, acts (b) All repairs and replacements made by or on behalf of God Tenant or the elements any person claiming through or under Tenant shall be governed by Paragraph 26 below, made and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall repair the Premises if they are damaged due to item performed (i) described in Paragraph 10.a. above (subject to Paragraph 16 below). Further, Landlord shall, at Landlord’s Tenant's sole cost and expenseexpense and at such time and in such manner as Landlord may reasonably designate, repair (ii) by contractors or mechanics reasonably approved by Landlord, (iii) so that same shall be at least equal in quality, value, and maintain utility to the original work or installation in good condition and repair the Base Building and Building Systems and cause them to comply all material respects, (iv) in accordance with the standards of operation that are required as a part of Landlord’s Work (as set forth in Exhibit D hereto), except that, as to portions of rules and regulations for the Building Systems that are located within reasonably adopted by Landlord from time to time, and exclusively serve the Premises, Landlord shall only be required to maintain (v) in accordance with all applicable laws and repair the same during the first twelve (12) months following the Commencement Date and only if Tenant gives notice regulations of disrepair to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the Building Systems after the end of such twelve (12) month period being covered by Paragraph 10.a. above); provided, however, that to the extent repairs which Landlord is required to make pursuant to the foregoing are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to governmental authorities having jurisdiction over the Premises.

Appears in 1 contract

Sources: Lease Agreement (Embark Com Inc)

Repair. a. Except as specifically otherwise provided in this Leaseherein, following completion by entry upon ------ commencement of the Pre-Delivery Work term hereof, the Tenant acknowledges and the Overlap Work, Tenant accepts the Premises as being in good good, sanitary order, condition and repair. Except to the extent provided to the contrary in paragraph 17, the Tenant, at the Tenant’s 's sole cost and expense, shall agrees to keep the Premises and every part thereof (including the interior walls its own trade fixtures and drop ceilings of the Premises, those portions of the Base Building located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor), and improvements and Alterationspersonal property) in good condition and repair; provided that Tenant shall not be responsible for repairs to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligation pursuant to Paragraph 10.b. below. Tenant hereby waives all rights to make repairs at the expense of the Landlord as provided by any Legal Requirement law, statute or ordinance now or hereafter in effect, or to offset the cost thereof against Rent. It Except as otherwise provided in this Lease, it is specifically understood and agreed that, except as specifically set forth in this Lease, that the Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or any part thereofthereof and, and that except as expressly set forth in this Lease, no representations respecting the condition of the Premises or the Building have been made by the Landlord to the Tenant. Tenant hereby waives the provisions of California Civil Code Sections 1932(1)If, 1941 and 1942 and of in an emergency, it shall become necessary to make promptly any similar Legal Requirement now repairs or hereafter in effect. b. Repairs replacements required to be made by Tenant, Landlord may reenter the Premises due and proceed forthwith to firehave the repairs or replacements made and pay the cost thereof. Within thirty (30) days after Landlord renders a ▇▇▇▇ therefor, earthquake, acts of God or the elements shall be governed by Paragraph 26 below, and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below). Further, Landlord shall, at Landlord’s sole cost and expense, repair and maintain in good condition and repair the Base Building and Building Systems and cause them to comply with the standards of operation that are required as a part of Landlord’s Work (as set forth in Exhibit D hereto), except that, as to portions of the Building Systems that are located within and exclusively serve the Premises, Landlord shall only be required to maintain and repair the same during the first twelve (12) months following the Commencement Date and only if Tenant gives notice of disrepair to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the Building Systems after the end of such twelve (12) month period being covered by Paragraph 10.a. above); provided, however, that to the extent repairs which Landlord is required to make pursuant to the foregoing are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair making the repairs. Notwithstanding anything to the extent contrary in this Lease, Landlord, and not Tenant, shall perform and construct, any repair, maintenance or improvement (i) required as a consequence of any violation of Law or construction defect in the Premises as of the applicable Commencement Date, (ii) for which Landlord is not reimbursed therefor by insurance. Landlord shall in no event has a right of reimbursement from others, (iii) which would be obligated to repair any wear treated as a "capital expenditure" under generally accepted accounting principles, and tear (iv) to the heating, ventilating, air conditioning, electrical, water, sewer, and plumbing systems serving the Premises. Tenant' s obligation, if any, to reimburse Landlord for the costs of such repairs, maintenance and improvements shall be governed by the other provisions of this Lease.

Appears in 1 contract

Sources: Lease (Genesys Telecommunications Laboratories Inc)

Repair. a. Except as specifically provided in this Lease, following completion of the Pre-Delivery Work and the Overlap Work, Tenant accepts the Premises as being in good condition and repair. Tenant, at Tenant’s sole cost and expense, shall keep the Premises and every interior, non-structural part thereof (including the interior walls and drop ceilings of the Premises, those portions of the Base Building systems located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor)Premises, and improvements Tenant Improvements and Alterations, and including, without limitation, dishwashers, garbage disposals, and insta-hot dispensers) in good condition and repair; provided that Tenant shall not be responsible for repairs to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligation obligations pursuant to Paragraph 10.b. below. Tenant Except as expressly provided in Paragraph 10.c. below, ▇▇▇▇▇▇ waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement now or hereafter in effect. It is specifically understood and agreed that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant. Tenant hereby waives the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and of any similar Legal Requirement now or hereafter in effect. In completing repair and maintenance of the Premises, Tenant shall comply with ▇▇▇▇▇▇▇▇’s Sustainability Practices (as defined below), including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. b. Repairs to the Premises due to fire, earthquake, acts of God or the elements shall be governed by Paragraph 26 below, and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall (1) repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below). Further, Landlord shall, at Landlord’s sole cost and expense, (2) repair and maintain in good condition consistent with other Comparable Buildings and repair the Base Building and Building Systems and cause them to comply with the standards of operation that are required as a part of Landlord’s Work (as set forth in Exhibit D hereto), except that, as to structural portions of the Building, including, without limitation, the foundation, floor/ceiling slabs, roof, curtain walls, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, parking garage, stairwells, escalators, elevator cabs, and all plazas, artwork, sculptures, common washrooms, mechanical, electrical and telephone closets, an all Common Areas and public areas, and all Building Systems systems, including plumbing, heating, electrical, life safety and other systems installed or furnished by Landlord (other than the portions of those systems that are located within and exclusively serve the Premises, Landlord shall only be required Tenant’s responsibility to maintain and repair the same during the first twelve (12) months following the Commencement Date and only if Tenant gives notice of disrepair pursuant to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the Building Systems after the end of such twelve (12) month period being covered by Paragraph 10.a. above); provided, howeverprovided that, that to the extent if repairs which Landlord is required to make pursuant to the foregoing under this item (2) are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to the Premises. c. If Landlord fails to perform any of its repair and maintenance obligations within the Premises under this Lease and such failure materially adversely affects the use of or operation of business from the Premises or any part thereof, and if Landlord fails to cure or to commence the cure of such failure within a reasonable period of time after written notice (or oral notice in the event of an emergency), given the circumstances, after the receipt of such notice, but in any event not later than twenty (20) days after written notice from Tenant and thereafter diligently pursue such cure to completion, and such failure continues for five (5) days after ▇▇▇▇▇▇'s delivery of an additional written notice to Landlord specifying that Tenant intends to take such actions (provided, however, that neither of such notices shall be required in an event which poses an imminent threat of bodily injury) then Tenant 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (20)

Appears in 1 contract

Sources: Office Lease (e.l.f. Beauty, Inc.)

Repair. a. Except as specifically provided in this Lease, following completion By taking possession of the Pre-Delivery Work and the Overlap WorkPremises, Tenant accepts agrees that the Premises as being are in good condition and repair, but the foregoing shall not relieve Landlord from its obligation to perform Landlord's Work as required by Paragraph 4.c. above, or from its repair obligations pursuant to Paragraphs 10.b. and 26 below. Tenant, at Tenant’s 's sole cost and expense, shall keep the Premises and every part thereof (including the interior walls and drop ceilings of the Premises, those portions of the Base Building systems located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor)Premises, and improvements and Alterations) in good condition and repair; provided that Tenant shall not be responsible for repairs to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligation pursuant to Paragraph 10.b. belowordinary wear and tear excepted. Tenant waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement now or hereafter in effect. It is specifically understood and agreed that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant. Tenant hereby waives the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and of any similar Legal Requirement now or hereafter in effect. b. Repairs to the Premises due to fire, earthquake, acts of God or the elements shall be governed by Paragraph 26 below, and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below). Further, Landlord shall, at Landlord’s sole cost and expense, repair and maintain in good condition and repair the Base Building and (other than the portions of Building Systems and cause them to comply with the standards of operation systems that are required as a part of Landlord’s Work (as set forth in Exhibit D hereto), except that, as to portions of the Building Systems that are located within and exclusively serve the Premises, Landlord shall only be required Tenant's responsibility to maintain and repair the same during the first twelve (12) months following the Commencement Date and only if Tenant gives notice of disrepair pursuant to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the Building Systems after the end of such twelve (12) month period being covered by Paragraph 10.a. above)) and common areas of the Real Property; provided, however, that to the extent repairs which Landlord is required to make pursuant to the foregoing this Paragraph 10.b. are necessitated by the negligence or deliberate willful misconduct of Tenant or Tenant’s 's agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair within thirty (30) days after Landlord's demand to the extent Landlord is not reimbursed therefor by insuranceinsurance (assuming for such purpose that Landlord carries the insurance it is required to carry pursuant to Paragraph 15.d. below). Landlord shall in no event be obligated to repair any ordinary wear and tear to the Premises. Landlord shall repair and maintain the Real Property in accordance with the foregoing provisions to the standards of other first-class high-rise office buildings in the San Francisco financial district.

Appears in 1 contract

Sources: Office Lease (Critical Path Inc)

Repair. a. Except as specifically provided in this Lease, following completion of the Pre-Delivery Work and the Overlap Work, Tenant accepts agrees that the Premises as being are in good condition and repair. Tenant, at Tenant’s sole cost and expense, shall keep the Premises and every part thereof (including in the interior walls condition received, ordinary wear and drop ceilings of the Premises, those portions of the Base Building located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor), and improvements and Alterations) in good condition and repairtear excepted; provided that Tenant shall not be responsible for repairs to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligation pursuant to Paragraph 10.bl0.b. below. Tenant waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement now or hereafter in effect. It is specifically understood and agreed that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant. Tenant hereby waives the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and of any similar Legal Requirement now or hereafter in effect. b. Repairs to the Premises due to necessitated because of fire, earthquake, acts act of God or the elements shall be governed by Paragraph 26 below, and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall repair the Premises if they are damaged due to item (i) described in Paragraph 10.al0.a. above (subject to Paragraph 16 below)above. Further, Landlord shall, shall (1) at Landlord’s sole cost and expense, repair any defect in the construction of Tenant improvements that exists in the Premises as of the date Tenant takes possession of the Premises and is of a nature which would not normally be discoverable by Tenant in the exercise of reasonable diligence in inspecting the Premises at the commencement of the term of this Lease, provided Tenant give prompt notice of such matter to Landlord promptly upon discovery and no later than twelve (12) months after the Commencement Date, and (2) repair and maintain in good condition and repair the Base Building and Building Systems and cause them to comply with common areas of the standards of operation that are required as a part of Landlord’s Work (as set forth in Exhibit D hereto)Building, except that, as to the structural portions of the Building Systems that are located within and exclusively serve the Premisesall Building systems, Landlord shall only be required to maintain including plumbing, air conditioning, heating, electrical, life safety and repair the same during the first twelve other systems installed or furnisher by Landlord, but excluding (12i) months following the Commencement Date non-Building standard lighting and only if Tenant gives notice electrical wiring and (ii) extraordinary quantities of disrepair to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the electrical, plumbing, HVAC or other Building Systems after the end of such twelve (12) month period being covered by Paragraph 10.a. above)facilities or distribution thereof; provided, however, that to the extent repairs which Landlord is required to make pursuant to the foregoing this item (2) are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s agents, employees or contractors, or are due to Alterations performed by or for Tenant, then Tenant shall reimburse Landlord for the cost of such repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to the Premises.

Appears in 1 contract

Sources: Office Lease (Oscient Pharmaceuticals Corp)

Repair. a. Except as specifically provided in this Lease, following completion By taking possession of the Pre-Delivery Work and the Overlap WorkPremises, Tenant accepts agrees that the Premises as being are in good condition and repair. Tenant, at Tenant’s 's sole cost and expense, shall keep the Premises and every part thereof (including the interior walls and drop ceilings of the Premises, those portions of the Base Building systems located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor)Premises, and improvements and Alterations) in good condition and repair; provided that Tenant shall not be responsible for repairs to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligation pursuant to Paragraph 10.b. below. Tenant waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement now or hereafter in effect. It is specifically understood and agreed that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant. Tenant hereby waives the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and of any similar Legal Requirement now or hereafter in effect. b. Repairs to the Premises due to fire, earthquake, acts of God or the elements shall be governed by Paragraph 26 below, and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below). Further, Landlord shall, at Landlord’s sole cost and expense, repair and maintain in good condition and repair the Base Building and (other than the portions of Building Systems and cause them to comply with the standards of operation systems that are required as a part of Landlord’s Work (as set forth in Exhibit D hereto), except that, as to portions of the Building Systems that are located within and exclusively serve the Premises, Landlord shall only be required Tenant's responsibility to maintain and repair the same during the first twelve (12) months following the Commencement Date and only if Tenant gives notice of disrepair pursuant to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the Building Systems after the end of such twelve (12) month period being covered by Paragraph 10.a. above)) and common areas of the Real Property; provided, however, that to the extent repairs which Landlord is required to make pursuant to the foregoing this Paragraph 10.b. are necessitated by the negligence or deliberate willful misconduct of Tenant or Tenant’s 's agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair within thirty (30) days after Landlord's demand to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any ordinary wear and tear to the Premises. Landlord shall repair and maintain the Real Property in accordance with the foregoing provisions to the standards of other first-class high-rise office buildings in the San Francisco financial district. c. Landlord represents and warrants to Tenant that those portions of the Building systems located within and exclusively serving the Premises are, and as of the applicable Commencement Date will be, in good working order and condition; provided, however, that the foregoing shall not imply any representation or warranty as to the useful life of such systems, nor shall the foregoing diminish Tenant's responsibility to perform any repairs, modifications or improvements to the same necessitated after the Commencement Date by reason of Tenant's use of the same, Tenant's Alterations, or otherwise.

Appears in 1 contract

Sources: Office Lease (Bea Systems Inc)

Repair. a. Except as specifically provided in this Lease, following completion By taking possession of the Pre-Delivery Work and the Overlap WorkPremises, Tenant accepts ▇▇▇▇▇▇ agrees that the Premises as being are in good condition and repair. Tenant, at Tenant’s 's sole cost and expense, shall keep the Premises and every part thereof (including the interior walls and drop ceilings of the Premises, those portions of the Base Building systems located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor)Premises, and improvements and Alterations) in good condition and repair; provided that Tenant shall not be responsible for repairs to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord or Landlord’s 's agents, employees or contractors, or (ii) Landlord’s 's obligation pursuant to Paragraph 10.b. below. Tenant waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement now or hereafter in effect. It is specifically understood and agreed that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant. Tenant hereby waives the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and of any similar Legal Requirement now or hereafter in effect. b. Repairs to the Premises due to necessitated by fire, earthquake, acts act of God or the elements shall be governed by Paragraph 26 below, and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below)above. Further, Landlord shall, at Landlord’s sole cost and expense, shall repair and maintain in good condition and repair the Base Building and Building Systems and cause them to comply with the standards of operation that are required as a part of Landlord’s Work (as set forth in Exhibit D hereto), except that, as to structural portions of the Building Systems that are located within and exclusively serve the Premisesall Building systems, Landlord shall only be required to maintain including plumbing, air conditioning, heating, electrical, life safety and repair the same during the first twelve other systems installed or furnished by Landlord, but excluding (12i) months following the Commencement Date non-Building standard lighting and only if Tenant gives notice electrical wiring and (ii) extraordinary quantities of disrepair to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the electrical, plumbing, HVAC or other Building Systems after the end of such twelve (12) month period being covered by Paragraph 10.a. above)facilities or distribution thereof; provided, however, that to the extent repairs which Landlord is required to make pursuant to the foregoing this sentence are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s 's agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to the Premises.

Appears in 1 contract

Sources: Office Lease (Ask Jeeves Inc)

Repair. a. Except as specifically provided in this Lease, following completion By taking possession of the Pre-Delivery Work and the Overlap WorkPremises, Tenant accepts agrees that the Premises as being are in good condition and repair, subject to completion of Punch List Items. Tenant, at Tenant’s 's sole cost and expense, shall keep the Premises and every part thereof (including the interior walls and drop ceilings of the Premises, those portions of the Base Building systems located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor)Premises, and improvements and Alterations) in good condition and repair, ordinary wear and tear excepted; provided that Tenant shall not be responsible for repairs to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s 's obligation pursuant to Paragraph 10.b. below. Tenant waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement now or hereafter in effect. It is specifically understood and agreed that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant. Tenant hereby waives the provisions of 14 California Civil Code Sections 1932(1), 1941 and 1942 and of any similar Legal Requirement now or hereafter in effect. b. Repairs to the Premises due to fire, earthquake, acts of God or the elements shall be governed by Paragraph 26 below, and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below). Further, Landlord shall, at Landlord’s sole cost and expense, repair and maintain in good condition and repair the Base Building and Building Systems and cause them to comply with the standards of operation that are required as a part of Landlord’s Work (as set forth in Exhibit D hereto), except that, as to structural portions of the Building Systems and all Building systems, including plumbing, air conditioning, heating, electrical, life safety and other systems installed or furnished by Landlord (other than the portions of those systems that are located within and exclusively serve the Premises, Landlord shall only be required Tenant's responsibility to maintain and repair the same during the first twelve (12) months following the Commencement Date and only if Tenant gives notice of disrepair pursuant to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the Building Systems after the end of such twelve (12) month period being covered by Paragraph 10.a. above), but excluding (i) non-Building standard lighting and electrical wiring and (ii) extraordinary quantities of electrical, plumbing, HVAC or other Building facilities or distribution thereof; provided, however, that to the extent repairs which Landlord is required to make pursuant to the foregoing this sentence are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s 's agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to the Premises.

Appears in 1 contract

Sources: Office Lease (Norcal Waste Systems Inc)

Repair. a. Except as specifically provided in this Lease, following completion of the Pre-Delivery Work and the Overlap Work, Tenant accepts the Premises as being in good condition and repair. Tenant, at Tenant’s sole cost and expense, 7.1 Landlord shall keep the Premises and every part thereof (including the interior walls and drop ceilings of the Premises, those portions of the Base Building located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor), and improvements and Alterations) in good condition and repair; provided that Tenant shall not be responsible for repairs to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligation pursuant to Paragraph 10.b. below. Tenant waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement now or hereafter in effect. It is specifically understood and agreed that, except as specifically set forth in this Lease, Landlord has have no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises Premises, except as specified in Exhibit B if attached to this Lease and except that Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or any part thereoffurnished by Landlord. By taking possession of the Premises, Tenant accepts them as being in good order, condition and repair and in the condition in which Landlord is obligated to deliver them, except as set forth in the punch list to be delivered pursuant to Section 2.1. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically set forth in this Lease. 7.2 Tenant shall, at all times during the Term, keep the Premises in good condition and repair excepting damage by fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. 7.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. 7.4 Except as provided in Article 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or to fixtures, appurtenances and equipment in the Building. Except to the extent, if any, prohibited by law, Tenant hereby waives the provisions of California Civil Code Sections 1932(1)right to make repairs at Landlord’s expense under any law, 1941 and 1942 and of any similar Legal Requirement statute or ordinance now or hereafter in effect. b. Repairs to the Premises due to fire, earthquake, acts of God or the elements shall be governed by Paragraph 26 below, and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below). Further, Landlord shall, at Landlord’s sole cost and expense, repair and maintain in good condition and repair the Base Building and Building Systems and cause them to comply with the standards of operation that are required as a part of Landlord’s Work (as set forth in Exhibit D hereto), except that, as to portions of the Building Systems that are located within and exclusively serve the Premises, Landlord shall only be required to maintain and repair the same during the first twelve (12) months following the Commencement Date and only if Tenant gives notice of disrepair to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the Building Systems after the end of such twelve (12) month period being covered by Paragraph 10.a. above); provided, however, that to the extent repairs which Landlord is required to make pursuant to the foregoing are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to the Premises.

Appears in 1 contract

Sources: Lease Agreement (Intrusion Inc)

Repair. a. Except as specifically provided in this Lease, following completion of the Pre-Delivery Work and the Overlap Work, Tenant accepts the Premises as being in good condition and repair. Tenant, at Tenant’s sole cost and expense, shall keep in good condition and repair the Premises and every part thereof thereof, including, without limitation (including the interior walls i) all plumbing and drop ceilings of the Premises, those portions of the Base Building located within and exclusively sewer facilities serving the Premises (including Base Building restrooms located on floors on which all sinks, toilets, faucets and drains), (ii) the rooftop HVAC units serving the Premises are comprised of and all appurtenances thereto (the full floor“HVAC Units”), (iii) the interior walls, floors, ceilings, interior doors, and improvements all interior and Alterationsexterior windows, (iv) all electrical facilities and equipment serving the Premises (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems), (v) all fire extinguishing equipment in good condition the Building, and repair; provided that (vi) Tenant’s trade fixtures, installations, equipment and other personal property within the Premises. Notwithstanding the foregoing, Tenant shall not be responsible for repairs to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligation obligations pursuant to Paragraph 10.b. below. Tenant waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement now or hereafter in effect. It is specifically understood and agreed that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant. Tenant hereby waives the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and of any similar Legal Requirement now or hereafter in effect. Without limitation of the foregoing, Tenant shall maintain in place throughout the Lease term, with a contractor reasonably approved by Landlord, a preventive maintenance contract for the quarterly maintenance of the HVAC Units, which contract shall be provided to Landlord upon request for Landlord’s review and approval. Notwithstanding anything to the contrary above, at Landlord’s option, Landlord may elect to perform the maintenance and repair of the HVAC Units itself, with Tenant to reimburse Landlord for the cost thereof (not to exceed customary market rates) not later than thirty (30) days following receipt of Landlord’s written invoice therefor. Further, notwithstanding anything to the contrary above in this Paragraph 10.a. or elsewhere in this Lease, Landlord warrants the good working condition of the HVAC Units for a period of twelve (12) months following the Commencement Date and, if any repairs are required to the HVAC Units during such twelve (12) month period, Landlord shall bear the cost of such repairs (excluding, however, any repairs required due to the misuse of the HVAC Units by Tenant or its employees, agents on contractors or Tenant’s failure to perform the required quarterly maintenance, unless Landlord has taken responsibility for such quarterly maintenance, in the manner permitted above). Notwithstanding the foregoing, if a warranty held by Landlord for the HVAC Units extends beyond the aforementioned twelve (12) month period, Landlord shall make the warranties available to Tenant, at no cost to Landlord, for the duration of such warranties. b. Repairs to the Premises due to fire, earthquake, acts of God or the elements shall be governed by Paragraph 26 below, and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall (1) repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below), (2) perform any repairs required to the Building systems during the first three (3) months immediately following the Delivery Date (with disrepair of such Building systems after the end of such three (3) month period being the responsibility of Tenant under Paragraph 10.a. Furtherabove, except that, to the extent any warranties received by Landlord for the subject items continue beyond such 3-month period, Landlord shallshall make the warranties available to Tenant, at no cost to Landlord’s sole cost , for the duration of such warranties); and expense, (3) repair and maintain in good condition and repair the Base Building roof, exterior and Building Systems and cause them to comply with the standards of operation that are required as a part of Landlord’s Work (as set forth in Exhibit D hereto), except that, as to structural portions of the Building Systems that are located within and exclusively serve the PremisesCommon Areas, Landlord shall only be required to maintain and repair the same during the first twelve provided that, if repairs under items (122) months following the Commencement Date and only if Tenant gives notice of disrepair to Landlord promptly upon discovery by Tenant or (with disrepair of such portions of the Building Systems after the end of such twelve (123) month period being covered by Paragraph 10.a. above); provided, however, that to the extent repairs which Landlord is required to make pursuant to the foregoing are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair to the extent Landlord is not reimbursed therefor by insuranceinsurance or warranties. Landlord shall in no event be obligated to repair any wear and tear to the Premises.

Appears in 1 contract

Sources: Office Lease (Zscaler, Inc.)

Repair. a. Except as specifically provided in this LeaseSubject to Landlord’s obligation to repair Landlord Punch List items under Paragraph 4.a. above, following completion of the Pre-Delivery Work and the Overlap Worksubject to Paragraph 10.b. below, Tenant accepts the Premises as being in good condition and repairthe conditioned delivered. Tenant, at Tenant’s sole cost and expense, shall keep the Premises and every part thereof (including the interior walls and drop ceilings of the Premises, those portions of the Base Building Systems (as defined below) located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor)Premises, and improvements and Alterations) in good condition and repair; provided that Tenant shall not be responsible for repairs to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligation pursuant to Paragraph 10.b. below. Tenant waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement now or hereafter in effect. It is specifically understood and agreed that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant. Tenant hereby waives the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and of any similar Legal Requirement now or hereafter in effect. b. Repairs to the Premises due to fire, earthquake, acts of God or the elements shall be governed by Paragraph 26 below, and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below). Further, Landlord shall, at Landlord’s sole cost and expenseexpense (subject to Paragraph 7.a. above), repair and maintain in good condition and repair (x) the Base common areas of the Real Property that are in Tenant’s anticipated path of travel during the Lease term, (y) the structural portions of the Building (which are comprised of the exterior walls and windows, columns, shafts, common stairwells, roof, foundation, floor/ceiling slabs and core of the Building and are referred to herein as the “Base Building”) and (z) all of the Building Systems systems, including, without limitation, elevator, plumbing, heating, electrical, security, life safety and cause them to comply with power (the standards of operation that are required as a part of Landlord’s Work (as set forth in Exhibit D hereto“Building Systems”), except provided that, as to portions of the Building Systems that are located within and exclusively serve serving the Premises, Landlord shall only be required to maintain and repair the same if they were provided as part of Landlord’s Work and, provided further, Landlord shall only be required to maintain and repair the same during the first twelve (12) months immediately following the Commencement Date and only if Tenant gives notice of disrepair to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the Building Systems after the end of such twelve (12) month period being covered by the responsibility of Tenant under Paragraph 10.a. above); providedprovided further that, however, that to the extent repairs which Landlord is required to make pursuant to the foregoing are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s agents, employees or employees, contractors, then customers or licensees, then. Tenant shall reimburse Landlord for the cost of such repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to the Premises.

Appears in 1 contract

Sources: Office Lease (New Relic Inc)

Repair. a. Except as specifically provided in Subject to the provisions of this Lease▇▇▇▇▇▇▇▇▇ ▇▇, following completion of the Pre-Delivery Work and the Overlap Work▇▇▇▇▇▇, Tenant accepts ------ at Tenant's sole cost, shall keep the Premises as being in good condition and repair. Tenant, at Tenant’s sole cost and expensedamage by fire, shall keep earthquake, act of God or the Premises and every part thereof (including the interior walls and drop ceilings of the Premises, those portions of the Base Building located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor), and improvements and Alterations) in good condition and repair; provided that Tenant shall not be responsible for repairs to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligation pursuant to Paragraph 10.b. belowelements excepted. Tenant waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement law now or hereafter in effect. It is specifically understood and agreed that, except Except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant. Tenant hereby waives the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and of any similar Legal Requirement law, statute or ordinance now or hereafter in effect. b. Repairs to the Premises due to fire, earthquake, acts of God or the elements shall be governed by Paragraph 26 below, and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below). Further, Landlord shall, at Landlord’s 's sole cost and expensecost, perform those repairs that are necessitated because of fire, earthquake, act of God or the elements, or by the negligence or willful misconduct of Landlord. Further, Landlord shall repair and maintain in good condition and repair the Base Building and Building Systems and cause them to comply with the standards of operation that are required as a part of Landlord’s Work (as set forth in Exhibit D hereto), except that, as to structural portions of the Building Systems that are located within Building, the exterior and exclusively serve the Premises, Landlord shall only be required to maintain public and repair the same during the first twelve (12) months following the Commencement Date and only if Tenant gives notice of disrepair to Landlord promptly upon discovery by Tenant (with disrepair of such portions common areas of the Real Property and all Building Systems after systems, including plumbing, HVAC, electrical, telecommunications cabling, life safety and other systems installed or furnished by Landlord, but excluding (i) non-Building standard lighting and electrical and telecommunications wiring and (ii) extraordinary quantities of electrical, telecommunications, plumbing, HVAC or other Building facilities or distribution thereof, the end costs of such twelve (12) month period being covered by Paragraph 10.aall of which shall be operating Expenses. above); providedNotwithstanding the foregoing, however, that to if the extent repairs which Landlord is required to make pursuant to the foregoing this Paragraph are necessitated by the negligence or deliberate misconduct of Tenant or Tenant’s 's agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to the Premises.

Appears in 1 contract

Sources: Office Lease (Intellisys Group Inc)

Repair. a. Except as specifically provided and set forth in Paragraphs 17 and 18 herein, relating to restoration after condemnation or casualty, Tenant covenants and agrees that it will, at its own expense during the continuation of this Lease, following completion make such current repairs, maintenance, restoration, and replacements as are required to keep or put the demised premises in first-class order and repair, including, but not by way of limitation, the following: landscaping, sidewalks and blacktoping, heating and air-conditioning systems and equipment, doors, interior walls, floors, ceilings and plate glass and windows. Tenant shall also make and do periodic painting and general refurbishing so as to maintain the demised premises at all times in an attractive clean condition. In event Tenant shall fail to make any of the Pre-Delivery Work repairs required hereunder within thirty (30) days following written demand from Landlord for such repairs, Landlord is hereby authorized to make such repairs and charge the Overlap Work, Tenant accepts the Premises as being in good condition and repair. Tenant, at Tenant’s sole cost and expense, shall keep the Premises and every part thereof (including the interior walls and drop ceilings of the Premises, those portions of the Base Building located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floor), and improvements and Alterations) in good condition and repair; provided that Tenant shall not be responsible for such repairs to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligation pursuant to Paragraph 10.b. below. Tenant waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement now or hereafter in effect. It is specifically understood and agreed that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant. Tenant hereby waives the provisions of California Civil Code Sections 1932(1), 1941 and 1942 and of any similar Legal Requirement now or hereafter in effect. b. Repairs to the Premises due to fire, earthquake, acts of God or the elements shall be governed by Paragraph 26 below, and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall repair the Premises if they are damaged due to item (i) described in Paragraph 10.a. above (subject to Paragraph 16 below). Further, Landlord shall, at Landlord’s sole cost and expense, repair and maintain in good condition and repair the Base Building and Building Systems and cause them to comply with the standards of operation that are required as a part of Landlord’s Work (as set forth in Exhibit D hereto), except that, as to portions of the Building Systems that are located within and exclusively serve the Premises, Landlord shall only be required to maintain and repair the same during the first twelve (12) months following the Commencement Date and only if Tenant gives notice of disrepair to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the Building Systems after the end of such twelve (12) month period being covered by Paragraph 10.a. above)additional rental; provided, however, that upon default of this obligation, Landlord may and notwithstanding the necessity of any written demand or time limitation hereinbefore set forth, and in order to secure itself as to the extent repairs performance of Tenant's obligations under this paragraph, charge Tenant as additional rental that sum which Landlord is required in Landlord's reasonable estimation would be necessary to make pursuant and complete repairs to the foregoing premises which are necessitated Tenant's obligations under this Lease. In the event actual repairs are made by the negligence or deliberate misconduct of Tenant or Tenant’s agents, employees or contractors, then Tenant shall reimburse Landlord for and the cost of exceeds Landlord's reasonable estimate, Tenant hereby covenants and agrees that it will forthwith pay to Landlord, as additional rent, such repair additional money to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to the Premisesfully reimburse Landlord.

Appears in 1 contract

Sources: Assignment of Lease (LDM Technologies Co)

Repair. a. Except as specifically provided (a) The Tenant shall at all times at its sole cost and expense keep or cause to be kept in good and substantial repair, order and condition, the whole of the Leased Premises, including, without limitation, all leasehold improvements, equipment, trade fixtures, fixtures and other facilities (including, without limitation, all wiring, piping, lighting and plumbing fixtures, operating equipment, sprinkler and heating, ventilation, and air conditioning systems) located on, in, under, above, or which directly serve the Leased Premises, and at the expiry or sooner termination of this Lease, following completion of the Pre-Delivery Work and Tenant will peaceably surrender the Overlap Work, Tenant accepts the Leased Premises as being in good condition and repairsubstantial repair and condition, reasonable wear and tear excepted. TenantDuring the Term of this Lease the Tenant will complete and effect all necessary replacements, at Tenant’s sole cost and expense, shall keep the Premises and every part thereof repairs (including the interior walls and drop ceilings of the Premises, those portions of the Base Building located within and exclusively serving the Premises (including Base Building restrooms located on floors on which the Premises are comprised of the full floorexcepting structural repairs), and maintenance in relation to the Leased Premises no matter the cause or reason giving rise to the need to complete repairs, negligence by the Landlord or its agents excepted. The Tenant will permit the Landlord and its agents or employees at any time, and on reasonable notice, to enter the Leased Premises for purposes of repair, renovation, or maintenance, which are the responsibility of the Landlord or can be completed by the Landlord, at its option, pursuant to the terms of this Lease. (b) If the Landlord determines, acting reasonably, that the Tenant is not adequately maintaining the Leased Premises in accordance with the provision set-out above, then the Landlord may give the Tenant written notice of its intention to attend to such maintenance or repairs as necessary, and upon completion of such maintenance or repairs, the Tenant shall pay the Landlord’s cost incurred plus Fifteen percent (15%) of the Landlord’s costs for overhead and supervision, all as Additional Rent. (c) All leasehold improvements when installed, whether installed before or after the Tenant takes possession of the Leased Premises, in or on the Leased Premises become the property of the Landlord, without compensation to the Tenant. Notwithstanding the foregoing, and Alterations) in good condition notwithstanding that the Landlord insures the leasehold improvements, the Tenant shall be exclusively responsible for the repair, replacement, operation, and repair; provided that maintenance of the leasehold improvements. Unless the Landlord specifically requires the Tenant to remove, the Tenant shall not be responsible for repairs remove any leasehold improvements from the Leased Premises. At the end of the Term, or any extension thereof, the Tenant will, at its expense, remove the leasehold improvements that the Landlord has specifically required the Tenant to remove. The Tenant shall make good any damage caused to the extent such repairs are (i) necessitated by the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors, or (ii) Landlord’s obligation pursuant to Paragraph 10.b. below. Tenant waives all rights to make repairs at the expense of Landlord as provided by any Legal Requirement now or hereafter in effect. It is specifically understood and agreed that, except as specifically set forth in this Lease, Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, and that no representations respecting the condition of the Leased Premises or the Building have been made by Landlord such installation or removal of the leasehold improvements, and the Tenant shall restore the Leased Premises to Tenant. Tenant hereby waives the provisions a condition of California Civil Code Sections 1932(1), 1941 good and 1942 and of any similar Legal Requirement now or hereafter in effectsubstantial repair. b. Repairs to the Premises due to fire, earthquake, acts of God or the elements shall be governed by Paragraph 26 below, and repairs to the Premises due to a governmental taking shall be governed by Paragraph 27 below. Landlord shall repair the Premises if they are damaged due to item (id) described in Paragraph 10.a. above (subject to Paragraph 16 below). Further, Landlord shall, at Landlord’s sole cost and expense, repair and maintain in good condition and repair the Base Building and Building Systems and cause them to comply with the standards of operation that are required as a part of Landlord’s Work (as set forth in Exhibit D hereto), except that, as to portions of the Building Systems that are located within and exclusively serve the Premises, Landlord shall only be required to maintain and repair the same during the first twelve (12) months following the Commencement Date and only if Tenant gives notice of disrepair to Landlord promptly upon discovery by Tenant (with disrepair of such portions of the Building Systems after At the end of such twelve the Term, or any renewal thereof, the Tenant will, at its expense, remove all furniture, furnishings, equipment (12) month period being covered by Paragraph 10.a. abovethe “FFE”); provided, however, that and trade fixtures and make good any damage caused to the extent Leased Premises by such installation or removal, and restore the Leased Premises to a condition of good and substantial repair. If the Tenant does not remove any leasehold improvements, as required by the Landlord, or remove its FFE, the Landlord may, without liability on its part, without notice to the Tenant, enter the Leased Premises, and remove such items at the Tenant’s expense, plus an administration charge of Fifteen percent (15%) of such amount, to be paid as Additional Rent. (e) At its sole cost, the Tenant shall undertake and complete all necessary repairs which Landlord is or replacements required to make pursuant the Leased Premises, or the Property, as a result of damage occasioned to the foregoing are necessitated Leased Premises, or the Property, by the negligence virtue of any break- in or deliberate misconduct of Tenant or Tenant’s agents, employees or contractors, then Tenant shall reimburse Landlord for the cost of such repair attempted break-in to the extent Landlord is not reimbursed therefor by insurance. Landlord shall in no event be obligated to repair any wear and tear to the Leased Premises. (f) The Tenant agrees to obtain the prior written approval of the Landlord prior to any work being completed in the Leased Premises.

Appears in 1 contract

Sources: Lease Agreement (Adven Inc.)